South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

WEDNESDAY, MARCH 26, 1997

Wednesday, March 26, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:45 A.M.

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

Gracious and merciful God, we are grateful for the many evidences of Your compassion and concern so abundantly seen in the blessings we enjoy. Especially now we thank You for Your love and mercy as seen in the message of the Passover and in the message of Good Friday and Easter. Continue Your blessings upon us as with thankful hearts we accept Your goodness. Take our minds and make them keener and more receptive to Your truths.

We pray to our God Who reveals Himself lavishly in loveliness and in goodness. Amen.

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

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

MOTION ADOPTED

Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Mrs. Beth Miller of Fort Mill, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Reps. MOODY-LAWRENCE, BYRD, McMAHAND, NEAL and J. HINES, for the minority, submitted an unfavorable report, on:

H. 3341 -- Reps. Cooper, Trotter, Sandifer, Davenport, Kelley, Young-Brickell, Quinn, Rhoad, Keegan, Barrett, Meacham, Cato and Fleming: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR MEMBERS OF THE SONS OF CONFEDERATE VETERANS.

Ordered for consideration tomorrow.

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

H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3723 -- Reps. McLeod and J. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF DR. JULIAN E. GRANT OF NEWBERRY COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 3724 -- Rep. Hodges: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ENTITLE THE SECTION "TELEMARKETING-FREE TIME ZONE ACT" AND TO PROHIBIT CALLS AFTER THE HOUR OF SIX O'CLOCK P.M.

Referred to Committee on Labor, Commerce and Industry.

H. 3725 -- Reps. Townsend, Walker, Harrell, Kirsh, Woodrum, Gamble, Hinson, Rodgers, Stille, Kelley, Allison, Spearman, Barrett, Martin, Leach and Littlejohn: A BILL TO AMEND SECTION 59-26-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTENT AND GUIDELINES FOR THE EVALUATION OF PUBLIC EDUCATORS, SO AS TO FURTHER PROVIDE FOR SUCH INTENT AND GUIDELINES; SECTION 59-26-20, AS AMENDED, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION IN REGARD TO TEACHER EDUCATION PROGRAMS, TEACHER EXAMINATIONS, AND TEACHER EVALUATION AND TRAINING PROCEDURES; SECTION 59-26-30, AS AMENDED, RELATING TO CERTAIN TEACHER EXAMINATIONS AND EVALUATION INSTRUMENTS; SECTION 59-26-40, RELATING TO TEACHER CONTRACTS AND CERTIFICATION, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH TEACHERS ARE ASSISTED, CERTIFIED, EMPLOYED, AND EVALUATED; AND TO REPEAL SECTION 59-26-80 RELATING TO THE EDUCATION ENTRANCE EXAMINATION.

Referred to Committee on Education and Public Works.

H. 3726 -- Reps. Stuart, Phillips, Knotts, Spearman, G. Brown and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 TO TITLE 34 RELATING TO MONEY AND BANKING SO AS TO PROVIDE FOR THE REGULATION AND LICENSING BY THE SOUTH CAROLINA BOARD OF FINANCIAL INSTITUTIONS OF BUSINESSES SELLING MONEY ORDERS; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE LICENSE FEES; TO REQUIRE FINANCIAL SURETY, INCLUDING BONDS; TO PERMIT EXAMINATION OF RECORDS AND BOOKS; TO PROVIDE GROUNDS FOR REVOCATION AND SUSPENSION; AND TO PROVIDE PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3727 -- Reps. Cromer, Altman, G. Brown, Seithel, Jennings, J. Hines, Rodgers, Parks, Baxley, Whipper, Bailey, Easterday, Koon, T. Brown, Battle, McCraw, Clyburn, Hamilton, M. Hines, McMahand, Neal, Miller, Rhoad, Campsen, Byrd, Gamble, Gourdine, Breeland, Mack, Leach, D. Smith, Fleming, Canty, Harrison, Young-Brickell, Bowers, Moody-Lawrence, Meacham, Bauer, J. Brown, Barrett, Inabinett, Lloyd, Tripp, Cave, Carnell, McKay, Woodrum, Klauber, Simrill, Harvin, Pinckney, Riser and Jordan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE FOR AN EXEMPTION FOR CONSUMER AUTOMOBILE LEASES WHEN THE AUTOMOBILE IS PURCHASED UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Ways and Means.

H. 3728 -- Reps. Mullen, J. Smith, Sandifer, Hinson, F. Smith, Rodgers, Chellis, Young-Brickell, Canty, Maddox, Cromer, Gamble, Stille, Davenport, Riser and Limehouse: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.

Referred to Committee on Judiciary.

H. 3729 -- Reps. Mullen, J. Hines, Meacham, Miller, Neilson, Lloyd, Cave, Neal, Mason, Canty, Rodgers, Bowers, Inabinett, Riser, Gamble, Davenport, Webb, Limehouse, Tripp and Littlejohn: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JANUARY 1, 1998, TO INCLUDE THE WORDS "RESERVED PARKING" AND THE PENALTIES FOR UNLAWFUL USE.

Referred to Committee on Education and Public Works.

H. 3730 -- Reps. Mullen, Rodgers, Limehouse, Pinckney and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH "NO WAKE ZONES" ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND IN BEAUFORT COUNTY.

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

H. 3731 -- Reps. Knotts, Moody-Lawrence, Littlejohn, Davenport and Gourdine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-955 SO AS TO ELIMINATE ANNUAL COST OF LIVING SALARY ADJUSTMENTS FOR A CLASSIFIED STATE EMPLOYEE EARNING OVER SEVENTY-FIVE THOUSAND DOLLARS A YEAR IN SALARY AND MAKE THE EMPLOYEE ELIGIBLE FOR AN ANNUAL BONUS OF NOT MORE THAN ONE THOUSAND DOLLARS IF HIS ANNUAL REVIEW IS "EXCEEDS" OR GREATER, TO CAP UNCLASSIFIED EXECUTIVE SALARIES AT CURRENT PAY, WITH ELIGIBILITY FOR AN ANNUAL "INITIATIVE BONUS" OF NOT MORE THAN ONE THOUSAND DOLLARS ON APPROVAL OF THEIR EMPLOYING AUTHORITY, TO LIMIT SALARY INCREASES FOR PERSONS REVIEWED BY THE AGENCY HEAD SALARY COMMISSION TO THE ANNUAL PAY INCREASE PLAN FOR STATE EMPLOYEES AND REQUIRE ALL NEW HIRES FOR POSITIONS SUBJECT TO COMMISSION REVIEW TO BE AT THE MINIMUM SALARY FOR THE POSITION.

Referred to Committee on Ways and Means.

H. 3732 -- Reps. Campsen, Altman, Fleming, Sandifer, Easterday, Cotty, Cato, Barrett, Simrill, Woodrum, Young, Chellis, Robinson, Bowers, Bailey, Bauer, J. Smith, Klauber, Haskins, Harrison, Edge, Maddox, McMaster, Battle, Harrell, Jordan, Wilkes, Limehouse and Limbaugh: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE AND OTHER MATTERS RELATING TO FEDERAL INCOME CONFORMITY, SO AS TO UPDATE THE REFERENCE DATE AND ALLOW A TAXPAYER TO ELECT A 1985 REFERENCE DATE WITH RESPECT TO CERTAIN CORPORATE LIQUIDATIONS.

Referred to Committee on Ways and Means.

H. 3733 -- Reps. Campsen, Bailey, Inabinett, Simrill, Witherspoon, Chellis, Gourdine, Battle, Edge, Rhoad, Bauer, Jordan and Limehouse: A BILL TO AMEND SECTION 50-17-520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM AS GAME FISH, SO AS TO DELETE THE PROHIBITION AGAINST GIGGING DURING CERTAIN TIMES.

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

H. 3734 -- Reps. Campsen, Altman, Barrett, Mason, Seithel, Easterday, Davenport, Battle, Cooper, Walker, Loftis, Young, Woodrum, Simrill, Hamilton, Klauber, Delleney, Miller, Sandifer, R. Smith, Robinson, Townsend, Haskins, Allison, Riser, Leach, Beck, Koon, Cato, Littlejohn, Fleming, Edge, Tripp, Jordan and Limbaugh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, SHALL NOT DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE WITHOUT THE WRITTEN CONSENT OF A PARENT, GUARDIAN, OR ONE ACTING IN LOCO PARENTIS.

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

H. 3735 -- Reps. Carnell, Klauber, Altman, G. Brown, Knotts, Young, Askins, Cotty, Cato, Inabinett, Parks, Bailey, Maddox, Barrett, Koon, Lloyd, McKay, Beck, Law, Martin, Webb, Wilkins, Harvin, Moody-Lawrence, Barfield, Miller, Vaughn, Delleney, Bauer, McLeod, Campsen and Limehouse: A BILL TO AMEND SECTION 56-3-3310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO REVISE THE FEE FOR THIS SPECIAL LICENSE PLATE AND TO PROVIDE THAT IF THE DESIGN OF THE LICENSE PLATE IS CHANGED, A ONE-TIME FEE MUST BE PAID.

Rep. CARNELL asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. MOODY-LAWRENCE objected.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3736 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE SANDERS OF SUMTER COUNTY FOR BEING SELECTED AS THE EMPLOYEE OF THE YEAR FOR SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3737 -- Rep. J. Brown: A HOUSE RESOLUTION TO CONGRATULATE JOHN AND THELMA BAILEY OF RICHLAND COUNTY UPON CELEBRATING THEIR FIFTIETH WEDDING ANNIVERSARY, AND TO EXTEND TO THEM BEST WISHES FOR MANY MORE YEARS OF HAPPINESS TOGETHER.

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

ROLL CALL

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

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Davenport
Edge                   Fleming                Gamble
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Limbaugh               Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
Meacham                Miller                 Moody-Lawrence
Mullen                 Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stoddard
Stuart                 Townsend               Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 26.

Scott Beck                        J. Michael Baxley
Clementa C. Pinckney              Wilbur L. Cave
George H. Bailey                  F.G. Delleney, Jr.
H.B. Limehouse III                Teddy N. Trotter
Joseph H. Neal                    Ralph W. Canty
Daniel L. Tripp                   Denny W. Neilson
Michael E. Easterday              Timothy C. Wilkes
Bill Cotty                        Joe McMaster
Harry C. Stille                   James L.M. Cromer, Jr.
Douglas Jennings, Jr.             John G. Felder
Jackson S. Whipper
Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. LAW and H. BROWN presented to the House the Berkeley High School Football Team, winners of the 1996 AAAA-Division II State Championship, their coaches, support staff and other school officials.

SPECIAL PRESENTATION

Rep. HINSON presented to the House the Stratford High School Knights, winners of the 1996 AAAA State Baseball Championship, their coaches, assistants and other school officials.

SPECIAL PRESENTATION

Rep. HINSON presented to the House the Stratford High School Lady Knights, winners of the 1996 AAAA State Softball Championship, their coaches, assistants and other school officials.

MOTION ADOPTED

Rep. CATO moved that when the House adjourns today, it adjourn to meet in Local Session tomorrow at 10:00 A.M., and in Statewide Session on Tuesday, April 1 at 12:00 Noon, which was agreed to.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 461 -- Senators Mescher and Rose: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BERKELEY COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BERKELEY COUNTY, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION.

SENT TO THE SENATE

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

H. 3207 -- Reps. Seithel and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-35 SO AS TO PROHIBIT DRINKING GAMES IN ESTABLISHMENTS WHICH SELL ALCOHOLIC LIQUORS FOR CONSUMPTION ON THE PREMISES, TO PROVIDE PENALTIES, AND TO DEFINE "DRINKING GAMES" AND "ALCOHOLIC LIQUORS".

H. 3399 -- Reps. Bauer, Hinson, Beck, F. Smith, Simrill, Baxley, Cobb-Hunter, J. Smith, Neilson, Quinn, Sandifer, Wilkins, Knotts, Hawkins, Woodrum, Whatley, Barrett, Edge, Rice, Fleming, Kennedy, Scott, T. Brown, Riser, Davenport, Martin, Lloyd, Allison, Altman, McLeod, Cromer, Lanford, J. Brown, Howard, Stuart, Leach, Phillips, Pinckney, Parks, Rodgers, Hamilton, Byrd, Koon, Mack, Kinon, Kirsh, Webb, Barfield, Littlejohn, Miller, Bowers and Limehouse: A BILL TO AMEND SECTION 7-15-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE VOTING, SO AS TO DELETE THE REQUIREMENT THAT AN EMPLOYER SIGN A WRITTEN CERTIFICATION THAT HIS EMPLOYEE'S EMPLOYMENT PREVENTS HIM FROM VOTING IN HIS COUNTY OF RESIDENCE.

H. 3452 -- Reps. Miller, McMaster, Moody-Lawrence, Townsend, Hinson, Knotts, Cotty, Neal, Barrett, Battle, T. Brown, Trotter, Maddox, Stille, Stoddard, Witherspoon, Lloyd, J. Smith, Kennedy, Pinckney, Delleney, Rice, Kelley, Edge, Woodrum, Keegan, Martin, Webb, Parks, Carnell, Rhoad, Jordan, Rodgers, Meacham, Young-Brickell, Howard, Simrill, Spearman, Bowers, Koon and Harvin: A BILL TO AMEND SECTION 14-7-845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTIONAL POSTPONEMENT OF JURY SERVICE FOR STUDENTS, SO AS TO PROVIDE FOR OPTIONAL POSTPONEMENT OF JURY SERVICE FOR SCHOOL EMPLOYEES.

H. 3381 -- Reps. Robinson, Knotts, Neilson, Meacham, Cato, Keegan, Kelley, Trotter, Webb, Sandifer, Riser, Barrett, Gamble, Mason, Koon, Rice and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.

H. 3439 -- Reps. Mason, Hawkins, Stoddard, R. Smith, Rodgers, Kirsh and Harvin: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.

H. 3679 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3680 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO IMPORTED FIRE ANT QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2112, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 41 -- Senator Short: A BILL TO AMEND SECTION 56-5-2947, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF CHILD ENDANGERMENT, SO AS TO INCLUDE A VIOLATION OF SECTION 56-5-750, RELATING TO THE OFFENSE OF FAILING TO STOP FOR A BLUE LIGHT.

H. 3694--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 3694 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.

Reps. HARRELL, CATO, R. SMITH, MASON, SHARPE, YOUNG-BRICKELL, CARNELL, CHELLIS, YOUNG, LAW, SCOTT, CANTY, TOWNSEND and SANDIFER requested debate on the Bill.

H. 3695--REQUESTS FOR DEBATE

The following Bill was taken up.

H. 3695 -- Ways and Means Committee: A BILL TO AMEND TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLANNING, RESEARCH, AND DEVELOPMENT, BY ADDING CHAPTER 4 SO AS TO CREATE THE SOUTH CAROLINA ECONOMIC DEVELOPMENT AUTHORITY AND PROVIDE FOR ITS GOVERNANCE, POWERS, AND DUTIES, AND PROVIDE FOR THE DEVOLUTION ON IT OF VARIOUS FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT OF COMMERCE THAT IT CONSIDERS NECESSARY TO ENHANCE ECONOMIC DEVELOPMENT AND GROWTH AND ON APPROVAL BY THE STATE BUDGET AND CONTROL BOARD; TO AMEND SECTION 1-11-720, AS AMENDED, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE GROUP PLANS, SO AS TO INCLUDE THE AUTHORITY CREATED BY THIS ACT; TO AMEND SECTIONS 8-11-260 AND 8-17-370, BOTH AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN AND THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT OFFICERS AND EMPLOYEES OF THE AUTHORITY CREATED BY THIS ACT; AND TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS OF "GOVERNMENTAL BODY" FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO EXCLUDE THE AUTHORITY CREATED BY THIS ACT FROM THE DEFINITION.

Reps. HARRELL, CATO, SHARPE, MASON, R. SMITH, McLEOD, SEITHEL, CHELLIS, YOUNG-BRICKELL, SCOTT, CANTY, YOUNG, J. BROWN, HOWARD, TOWNSEND and WEBB requested debate on the Bill.

ORDERED TO THIRD READING

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

H. 3704 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO EXPANDED DUTY DENTAL ASSISTANTS, MONITOR NITROUS OXIDE ANESTHESIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2154, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3705 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO ADMINISTRATOR-IN-TRAINING PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2142, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. PARKS explained the Joint Resolution.

H. 3706 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO MOTOR VEHICLE MANAGEMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. STODDARD explained the Joint Resolution.

H. 3705--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PARKS, with unanimous consent, it was ordered that H. 3705 be read the third time tomorrow.

H. 3707--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3707 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CHARTER SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2164, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3708--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3708 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO LICENSING OF RESIDENTIAL BUILDERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3709--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3709 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, CONTRACTORS' LICENSING BOARD, RELATING TO SPECIALTY CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3710--POINT OF ORDER

The following Bill was taken up.

H. 3710 -- Education and Public Works Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-1-175 AND 56-1-176 SO AS TO PROVIDE FOR THE ISSUANCE OF A PROVISIONAL DRIVER'S LICENSE; BY ADDING SECTION 56-5-2953 SO AS TO PROVIDE THAT A DRIVER UNDER THE AGE OF TWENTY-ONE SHALL NOT OPERATE A MOTOR VEHICLE WITH ANY MEASURABLE AMOUNT OF ALCOHOL; BY ADDING SECTION 56-23-87 SO AS TO PROVIDE THAT A PERSON WHO SUCCESSFULLY COMPLETES CERTAIN DRIVER TRAINING COURSES MUST BE ISSUED A CERTIFICATE OF COMPLETION; TO AMEND SECTION 56-1-30, RELATING TO PERSONS EXEMPT FROM OBTAINING A DRIVER'S LICENSE, SO AS TO DEFINE "IMPLEMENTS OF HUSBANDRY"; TO AMEND SECTION 56-1-40, AS AMENDED, RELATING TO A PERSON WHO MAY NOT OBTAIN A DRIVER'S LICENSE OR HAVE HIS DRIVER'S LICENSE RENEWED, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE ISSUED A DRIVER'S LICENSE OR A SPECIAL RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO THE APPLICATION, PROCEDURE, ISSUANCE, AND RENEWAL OF, AND FEE FOR A BEGINNER'S PERMIT, SO AS TO REVISE THE CONDITIONS UNDER WHICH A PERSON HOLDING A BEGINNER'S PERMIT MAY OPERATE A MOTOR VEHICLE, TO PROVIDE THAT BEFORE OBTAINING FULL LICENSURE CERTAIN PERSONS MUST HOLD A BEGINNER'S PERMIT FOR NINETY DAYS, AND TO DEFINE "DAYLIGHT HOURS"; TO AMEND SECTION 56-1-130, AS AMENDED, RELATING TO EXAMINATIONS FOR BASIC AND CLASSIFIED LICENSES, SO AS TO PROVIDE FOR THE CONDITIONS UPON WHICH THE HOLDER OF A PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE MAY OPERATE A FARM TRUCK; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO THE SPECIAL RESTRICTED DRIVER'S LICENSE FOR MINORS, SO AS TO REVISE THE AGE OF A PERSON THAT MAY OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE, TO DELETE A REFERENCE TO AN INSTRUCTION PERMIT, TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY OPERATE A VEHICLE WHILE HOLDING A SPECIAL RESTRICTED DRIVER'S LICENSE, TO PROVIDE CONDITIONS UPON WHICH A WAIVER OR MODIFICATION OF THE LICENSE RESTRICTIONS MAY BE GRANTED AND THE CONTENTS OF THE STATEMENT THAT MUST BE INCLUDED IN AN APPLICATION FOR WAIVER OR MODIFICATION OF THE RESTRICTIONS, AND TO DEFINE "DAYLIGHT HOURS"; AND TO AMEND SECTION 56-1-185, RELATING TO THE POSTPONEMENT OF THE REMOVAL OF RESTRICTIONS FROM A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO PROVIDE THAT A HOLDER OF A BEGINNER'S PERMIT, PROVISIONAL OR SPECIAL RESTRICTED DRIVER'S LICENSE WHO IS CONVICTED OF CERTAIN TRAFFIC OFFENSES SHALL HAVE HIS LICENSE SUSPENDED FOR SIX MONTHS.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

S. 70--POINT OF ORDER

The following Bill was taken up.

S. 70 -- Senator McConnell: A BILL TO AMEND SECTION 2-19-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF RETIRED JUSTICES OR JUDGES TO BE APPOINTED TO SERVE IN COURTS OF THIS STATE, SO AS TO PROVIDE THAT THESE JUSTICES OR JUDGES MUST BE FOUND QUALIFIED TO SERVE BY THE JUDICIAL MERIT SELECTION COMMISSION WITHIN FOUR YEARS RATHER THAN TWO YEARS OF THEIR DATE OF APPOINTMENT TO SERVE; AND TO AMEND SECTION 2-19-110, RELATING TO THE ELIGIBILITY OF PERSONS TO BE APPOINTED AS MASTER-IN-EQUITY AFTER REVIEW BY THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO REVISE THE APPOINTMENT PROCEDURE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3303--OBJECTION WITHDRAWN
AMENDED AND OBJECTIONS

Upon the withdrawal of an objection by Rep. FLEMING the following Bill was taken up.

H. 3303 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-761 SO AS TO PROHIBIT THE SHOOTING OR HUNTING OF BIG GAME FROM ANY PUBLIC, PAVED ROAD IN GAME ZONES 1, 2, AND 4, PROVIDE FOR PENALTIES AND EXEMPTIONS, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.

AMENDMENT NO. 3--ADOPTED

Debate was resumed on Amendment No. 3, which was proposed on Tuesday, March 25, by Rep. WILKES.

Rep. WILKES explained the amendment.

Rep. TRIPP spoke in favor of the amendment.

Rep. RHOAD moved to table the Bill, which was not agreed to by a division vote of 27 to 46.

The amendment was then adopted.

AMENDMENT NO. 2--RECONSIDERED AND ADOPTED

Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 2 was adopted, which was agreed to.

The amendment was then adopted.

Reps. BARFIELD, RHOAD, BOAN, HODGES, JENNINGS, LOFTIS, WHATLEY, CAMPSEN, COTTY and T. BROWN objected to the Bill.

S. 33--OBJECTIONS

Reps. F. SMITH and McMAHAND withdrew their objections to the following Bill whereupon objections were raised by Reps. DAVENPORT, BARRETT and KNOTTS.

S. 33 -- Senators Cork, Rankin, McConnell and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 8 TO ARTICLE 5, CHAPTER 6, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

MOTION PERIOD

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

H. 3665--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments, cloture having been ordered.

H. 3665 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA COMPREHENSIVE INFRASTRUCTURE DEVELOPMENT AND FINANCING ACT" SO AS TO ESTABLISH A STATE PROGRAM TO COORDINATE INFRASTRUCTURE PLANNING AMONG STATE, REGIONAL, AND LOCAL UNITS OF GOVERNMENT, ASSIST IN DEVELOPMENT OF COMPREHENSIVE REGIONAL INFRASTRUCTURE DEVELOPMENT PLANS, AND IDENTIFY AND PROVIDE FUNDING AND FINANCIAL ASSISTANCE FOR CONSTRUCTING AND IMPROVING INFRASTRUCTURE; TO AMEND SECTION 12-28-2720, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE GASOLINE TAX, SO AS TO REVISE THE MANNER IN WHICH IT IS DISTRIBUTED; TO AMEND SECTION 12-28-2910, AS AMENDED, RELATING TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST EARNINGS ON THE ECONOMIC DEVELOPMENT ACCOUNT MUST BE CREDITED; TO AMEND SECTION 56-3-660, AS AMENDED, RELATING TO TRUCK REGISTRATION FEES, SO AS TO REQUIRE CERTAIN AMOUNTS OF FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY ACCOUNT OF THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK; AND TO AMEND SECTION 57-11-20, AS AMENDED, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REVISE THE ACCOUNT TO WHICH INTEREST INCOME FROM THE STATE HIGHWAY FUND MUST BE CREDITED.

Rep. VAUGHN proposed the following Amendment No. 39 (Doc Name P:\AMEND\JIC\5985HTC.97), which was tabled.

Amend the bill, as and if amended,Section 11-42-30, as contained in SECTION 2, page 6, by inserting an appropriately-numbered item after line 30 to read:

/( )     'Railroad Bridge Replacement Fund' means the separate accounts into which the assessments paid by railroad companies pursuant to Section 11-42-165 are paid. These accounts must be separately maintained for the assessments paid by each railroad company and may not be commingled with the assessments paid by other railroads or other bank funds./

Amend further, page 15, by inserting after line 30:

/Section 11-42-165.     (A)     The Department of Transportation shall survey the State and identify those bridges of the type specified below that are for motor vehicles over railroad tracks which bridges are owned by railroad companies. The bridges to be surveyed are all those that are wooden and those that are nonwooden which if built today would not meet current building code specifications in the opinion of the department. The department shall estimate the cost to replace the bridges, and shall update these estimates every three years if a bridge has not been replaced by that time and assign an order of priority for replacement. The railroad company owning these bridges shall pay into the Railroad Bridge Replacement Fund an assessment equal to the amount required to pay seventy-five percent of the cost estimated as of that date by the department to replace all such bridges owned by that railroad. This assessment must be paid annually and amortized over a period of ten years and reamortized when the Department of Transportation updates its replacement cost estimates every three years. Nothing in this section eliminates a railroad company's obligation to keep its bridges in good repair.

(B)     Once the department determines that sufficient funds are available for replacement of the highest priority bridge, it shall notify the board and the replacement of that bridge is deemed a qualified project for purposes of this chapter and the bridge must be replaced using proceeds of the Railroad Bridge Replacement Fund.

(C)     Any federal funds which may be obtained to offset the cost of replacing such a bridge must be deducted from the total estimated replacement cost before the railroad's shares are determined. Any income earned on a railroad's assessment paid into the fund must be credited against a railroad's assessment.

(D)     If all of the railroad's bridges have been replaced, and it has any assessments remaining in the fund, they must be returned to the railroad.

(E)     The term 'replacement' as used herein means to completely rebuild the bridge with state-of-the-art materials, up to code specifications, but does not mean to expand the bridge to include more lanes, more capacity, or other similar design-type improvements. The cost of any such design-type improvements must be solely the responsibility of the State.

(F)     The provisions of this section apply only to bridges over state roads or rights-of-way and not to bridges over local or private roads or rights-of-way. If any written contracts or agreements exist between the State and a railroad company in regard to any such bridge which imposes a greater financial obligation upon the railroad company to replace such bridge than the provisions of this section, the written contract or agreement controls.

(G)     Upon a bridge being replaced as provided in this section, it must be transferred to the State by the railroad company."/

Amend title to conform.

POINT OF ORDER

Rep. H. BROWN raised the Point of Order that Amendment No. 39 was a duplicate of Amendment No. 35 which had been previously tabled.

Rep. VAUGHN argued contra.

SPEAKER WILKINS overruled the Point of Order in accordance with Section 401.4 of Mason's Manual.

Rep. ALLISON explained the amendment.

Rep. BAILEY spoke against the amendment.

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

Rep. TOWNSEND proposed the following Amendment No. 41 (Doc Name P:\AMEND\JIC\5983HTC.97).

Amend the bill, as and if amended, page 4, Section 11-42-30(10), by adding beginning on line 8:

/'Eligible project', for purposes of expenditures for highway or transportation systems shall not fund beautification or enhance projects for bike paths, railroad bridges, railroad grade crossings, or any other projects which are not related directly to road or bridge construction and/or maintenance, nor fund public transportation or mass transit or related operating costs./

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. TOWNSEND moved to divide the question, which was agreed to.

QUESTION 1--ADOPTED

/'Eligible project', for purposes of expenditures for highway or transportation systems shall not fund beautification or enhance projects for bike paths, railroad bridges, railroad grade crossings, or any other projects which are not related directly to road or bridge construction and/or maintenance./

Question 1 was adopted.

QUESTION 2--TABLED

nor fund public transportation or mass transit or related operating costs./

Rep. TOWNSEND moved to table the question, which was agreed to.

Rep. VAUGHN proposed the following Amendment No. 40 (Doc Name P:\AMEND\JIC\5986HTC.97).

Amend the bill, as and if amended, Section 11-42-30, as contained in SECTION 2, page 6, by inserting an appropriately-numbered item after line 30 to read:

/( )     'Railroad Bridge Replacement Fund' means the separate accounts into which the assessments paid by railroad companies pursuant to Section 11-42-165 are paid. These accounts must be separately maintained for the assessments paid by each railroad company and may not be commingled with the assessments paid by other railroads or other bank funds./

Amend further, page 15, by inserting after line 30:

/Section 11-42-165.     (A)     The Department of Transportation shall survey the State and identify those bridges of the type specified below that are for motor vehicles over railroad tracks which bridges are owned by railroad companies. The bridges to be surveyed are all those that are wooden and those that are nonwooden which if built today would not meet current building code specifications in the opinion of the department. The department shall estimate the cost to replace the bridges, and shall update these estimates every three years if a bridge has not been replaced by that time and assign an order of priority for replacement. The railroad company owning these bridges shall pay into the Railroad Bridge Replacement Fund an assessment equal to the amount required to pay fifty percent of the cost estimated as of that date by the department to replace all such bridges owned by that railroad. This assessment must be paid annually and amortized over a period of ten years and reamortized when the Department of Transportation updates its replacement cost estimates every three years. Nothing in this section eliminates a railroad company's obligation to keep its bridges in good repair.

(B)     Once the department determines that sufficient funds are available for replacement of the highest priority bridge, it shall notify the board and the replacement of that bridge is deemed a qualified project for purposes of this chapter and the bridge must be replaced using proceeds of the Railroad Bridge Replacement Fund.

(C)     Any federal funds which may be obtained to offset the cost of replacing such a bridge must be deducted from the total estimated replacement cost before the railroad's shares are determined. Any income earned on a railroad's assessment paid into the fund must be credited against a railroad's assessment.

(D)     If all of the railroad's bridges have been replaced, and it has any assessments remaining in the fund, they must be returned to the railroad.

(E)     The term 'replacement' as used herein means to completely rebuild the bridge with state-of-the-art materials, up to code specifications, but does not mean to expand the bridge to include more lanes, more capacity, or other similar design-type improvements. The cost of any such design-type improvements must be solely the responsibility of the State.

(F)     The provisions of this section apply only to bridges over state roads or rights-of-way and not to bridges over local or private roads or rights-of-way. If any written contracts or agreements exist between the State and a railroad company in regard to any such bridge which imposes a greater financial obligation upon the railroad company to replace such bridge than the provisions of this section, the written contract or agreement controls.

(G)     Upon a bridge being replaced as provided in this section, it must be transferred to the State by the railroad company."/

Amend title to conform.

Rep. VAUGHN explained the amendment.

Rep. BAILEY spoke against the amendment.

Rep. ALLISON moved to divide the question, which was agreed to.

QUESTION 1--ADOPTED

/( )     'Railroad Bridge Replacement Fund' means the separate accounts into which the assessments paid by railroad companies pursuant to Section 11-42-165 are paid. These accounts must be separately maintained for the assessments paid by each railroad company and may not be commingled with the assessments paid by other railroads or other bank funds./

Amend further, page 15, by inserting after line 30:

/Section 11-42-165.     (A)     The Department of Transportation shall survey the State and identify those bridges of the type specified below that are for motor vehicles over railroad tracks which bridges are owned by railroad companies. The bridges to be surveyed are all those that are wooden and those that are nonwooden which if built today would not meet current building code specifications in the opinion of the department. The department shall estimate the cost to replace the bridges, and shall update these estimates every three years if a bridge has not been replaced by that time and assign an order of priority for replacement. The railroad company owning these bridges shall pay into the Railroad Bridge Replacement Fund an assessment equal to the amount required to pay fifty percent of the cost estimated as of that date by the department to replace all such bridges owned by that railroad. This assessment must be paid annually and amortized over a period of ten years and reamortized when the Department of Transportation updates its replacement cost estimates every three years. Nothing in this section eliminates a railroad company's obligation to keep its bridges in good repair.

(B)     Once the department determines that sufficient funds are available for replacement of the highest priority bridge, it shall notify the board and the replacement of that bridge is deemed a qualified project for purposes of this chapter and the bridge must be replaced using proceeds of the Railroad Bridge Replacement Fund.

(C)     Any federal funds which may be obtained to offset the cost of replacing such a bridge must be deducted from the total estimated replacement cost before the railroad's shares are determined. Any income earned on a railroad's assessment paid into the fund must be credited against a railroad's assessment.

(D)     If all of the railroad's bridges have been replaced, and it has any assessments remaining in the fund, they must be returned to the railroad.

(E)     The term 'replacement' as used herein means to completely rebuild the bridge with state-of-the-art materials, up to code specifications, but does not mean to expand the bridge to include more lanes, more capacity, or other similar design-type improvements. The cost of any such design-type improvements must be solely the responsibility of the State.

(F)     The provisions of this section apply only to bridges over state roads or rights-of-way and not to bridges over local or private roads or rights-of-way. If any written contracts or agreements exist between the State and a railroad company in regard to any such bridge which imposes a greater financial obligation upon the railroad company to replace such bridge than the provisions of this section, the written contract or agreement controls./

Question 1 was then adopted.

QUESTION 2--TABLED

(G)     Upon a bridge being replaced as provided in this section, it must be transferred to the State by the railroad company."/

Rep. VAUGHN moved to table the question, which was agreed to.

Reps. QUINN, SEITHEL and CATO proposed the following Amendment No. 42 (Doc Name P:\AMEND\PT\1090HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-90, as contained in SECTION 2, page 10, by striking item (7) on line 3 and inserting:

/(7)     Reserved;/

Amend further, page 13, by striking Section 11-42-130 and inserting:

/"Section 11-42-130.     (A)     Any general fund surplus revenues in a fiscal year not officially recognized as such by the Board of Economic Advisors is transferred to the state highway account. In addition, the revenues of one cent a gallon of gasoline taxes, as provided in Section 12-28-2720 and the phased-in revenues of motor vehicle licensing and registration as provided in Section 56-3-910 also must be transferred to the state highway account.

(B)     There also may be credited to this account:

(1)     revenues contributed by political subdivisions which must be expended only on projects proposed by the contributing political subdivision;

(2)     federal highway funds designated for a specific project;

(3)     all savings attributable to the State Performance Audit; and

(4)     a transfer from the general fund of the State equal to amounts appropriated for a fiscal year for debt service on state capital improvement bonds less than the amounts so appropriated for fiscal year 1997-98.

(C)     The sources of revenue dedicated to the state highway account as provided in subsection (B) may not be reduced except by separate legislation enacted solely for that purpose, passed by a vote of at least two-thirds of the entire membership of the House of Representatives and the Senate."/

Amend further, beginning on page 17, by striking SECTIONS 3, 4, 5, 6, and 7 and inserting:

/SECTION     3.     Section 2-7-105 of the 1976 Code, as last amended by Act 33 of 1995, is further amended to read:

"Section 2-7-105.     State capital improvement bonds may not be authorized by the General Assembly in odd-numbered years after June 30, 1997."

SECTION     4.     Section 12-28-2720 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"Section 12-28-2720.     The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department and one cent a gallon must be deposited to the credit of the State Highway Account of the South Carolina Infrastructure Bank."

SECTION     5.     Section 56-3-910 of the 1976 Code, as amended by Section 1366, Act 181 of 1993, is further amended to read:

"Section 56-3-910.     All fees and penalties collected by the department under the provisions of this chapter shall must be placed in the state general fund distributed as follows:

(1)     fiscal year 1997-98, fifty percent to the general fund of the State and fifty percent to the State Highway Account of the South Carolina Infrastructure Bank,

(2)     fiscal year 1998-99, twenty-five percent to the general fund of the State and seventy-five percent to the State Highway Account of the South Carolina Infrastructure Bank,

(3)     fiscal years after 1998-99, one hundred percent to the State Highway Account of the South Carolina Infrastructure Bank."

SECTION     6.     This act takes effect July 1, 1997./

Renumber sections to conform.

Amend title to conform.

Rep. QUINN explained the amendment.

Rep. QUINN moved to divide the question.

Rep. HARRELL moved to table the motion.

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

Yeas 63; Nays 54

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Battle                 Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Campsen                Chellis                Clyburn
Cromer                 Dantzler               Edge
Felder                 Gamble                 Harrell
Harvin                 Hines, M.              Hinson
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Knotts
Koon                   Lanford                Law
Limehouse              Mack                   Martin
Mason                  McKay                  McMahand
Miller                 Mullen                 Neilson
Rhoad                  Riser                  Rodgers
Sharpe                 Smith, R.              Spearman
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--63

Those who voted in the negative are:

Barrett                Bauer                  Baxley
Brown, G.              Byrd                   Canty
Cato                   Cave                   Cobb-Hunter
Cotty                  Davenport              Delleney
Easterday              Fleming                Gourdine
Govan                  Hamilton               Harrison
Haskins                Hawkins                Hines, J.
Hodges                 Inabinett              Kirsh
Klauber                Leach                  Lee
Limbaugh               Littlejohn             Lloyd
Loftis                 Maddox                 McCraw
McLeod                 McMaster               Meacham
Moody-Lawrence         Neal                   Parks
Phillips               Quinn                  Rice
Robinson               Sandifer               Scott
Seithel                Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Tripp                  Walker                 Wilkes

Total--54

So, the motion to divide the question was tabled.

Rep. HARRELL moved to table the amendment.

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

Yeas 66; Nays 48

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Battle                 Bauer
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Campsen
Carnell                Chellis                Clyburn
Dantzler               Edge                   Felder
Fleming                Gamble                 Harrell
Harrison               Harvin                 Hinson
Inabinett              Jordan                 Keegan
Kelley                 Kennedy                Kinon
Knotts                 Koon                   Lanford
Law                    Limehouse              Lloyd
Mack                   Mason                  McMaster
Miller                 Mullen                 Neilson
Parks                  Pinckney               Rhoad
Riser                  Rodgers                Sandifer
Sharpe                 Smith, R.              Spearman
Stille                 Stoddard               Stuart
Trotter                Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--66

Those who voted in the negative are:

Barrett                Baxley                 Byrd
Canty                  Cato                   Cave
Cobb-Hunter            Cotty                  Cromer
Davenport              Delleney               Easterday
Govan                  Hamilton               Haskins
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Kirsh
Klauber                Leach                  Lee
Littlejohn             Loftis                 Maddox
Martin                 McCraw                 McLeod
McMahand               Meacham                Moody-Lawrence
Neal                   Phillips               Quinn
Rice                   Robinson               Scott
Seithel                Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Tripp                  Walker                 Wilkes

Total--48

So, the amendment was tabled.

LEAVE OF ABSENCE

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

Rep. EASTERDAY proposed the following Amendment No. 43 (Doc Name P:\AMEND\BBM\9295CM.97), which was tabled.

Amend the bill, as and if amended, page 8, Section 11-42-70 as contained in SECTION 2, by deleting lines 5 through 7 and inserting:

/of Commerce, ex officio; one member from each congressional district elected by the legislative delegation that serves each congressional district. In/

Amend title to conform.

Rep. EASTERDAY explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 67; Nays 49

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Battle
Boan                   Breeland               Brown, H.
Brown, T.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cromer                 Dantzler
Edge                   Felder                 Fleming
Gamble                 Gourdine               Harrell
Harvin                 Haskins                Hines, J.
Hines, M.              Hinson                 Inabinett
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Klauber
Law                    Limbaugh               Limehouse
Mack                   Maddox                 Martin
McKay                  McMahand               Miller
Mullen                 Neilson                Parks
Pinckney               Rhoad                  Riser
Rodgers                Scott                  Sharpe
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Trotter                Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Barrett                Bauer                  Baxley
Beck                   Bowers                 Brown, G.
Byrd                   Canty                  Cave
Cobb-Hunter            Cotty                  Davenport
Delleney               Easterday              Govan
Hamilton               Harrison               Hawkins
Hodges                 Howard                 Kirsh
Knotts                 Koon                   Lanford
Leach                  Littlejohn             Lloyd
Loftis                 Mason                  McCraw
McLeod                 McMaster               Meacham
Moody-Lawrence         Neal                   Phillips
Quinn                  Rice                   Robinson
Sandifer               Seithel                Sheheen
Simrill                Smith, F.              Stoddard
Tripp                  Walker                 Wilder
Wilkes

Total--49

So, the amendment was tabled.

Rep. EASTERDAY proposed the following Amendment No. 44 (Doc Name P:\AMEND\BBM\9296CM.97), which was tabled.

Amend the bill, as and if amended, page 8, Section 11-42-70 as contained in SECTION 2, by deleting lines 6 and 7 and inserting:

/one member from each congressional district elected by the legislative delegation that serves each congressional district. In/

Amend title to conform.

Rep. EASTERDAY explained the amendment.

Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 57; Nays 56

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Battle
Boan                   Breeland               Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cromer                 Dantzler               Edge
Gamble                 Gourdine               Harrell
Harvin                 Haskins                Hines, M.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kinon
Law                    Limbaugh               Limehouse
Mack                   Martin                 McKay
Miller                 Mullen                 Neilson
Pinckney               Rhoad                  Rodgers
Scott                  Sharpe                 Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Trotter
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Young-Brickell

Total--57

Those who voted in the negative are:

Barrett                Bauer                  Baxley
Beck                   Bowers                 Brown, G.
Brown, T.              Cave                   Cobb-Hunter
Cooper                 Cotty                  Davenport
Delleney               Easterday              Fleming
Govan                  Hamilton               Harrison
Hawkins                Hines, J.              Hodges
Howard                 Jordan                 Kirsh
Klauber                Knotts                 Koon
Lanford                Leach                  Littlejohn
Lloyd                  Loftis                 Mason
McCraw                 McLeod                 McMahand
McMaster               Meacham                Neal
Parks                  Phillips               Quinn
Rice                   Riser                  Robinson
Sandifer               Seithel                Sheheen
Simrill                Smith, F.              Stoddard
Vaughn                 Walker                 Wilder
Woodrum                Young

Total--56

So, the amendment was tabled.

Rep. TOWNSEND proposed the following Amendment No. 45 (Doc Name P:\AMEND\BBM\9297HTC.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately-numbered section to read:

/SECTION     _____.     Any statewide driver or vehicle-related fee increases imposed after June 30, 1997, must be dedicated to either the State Highway Fund or the state highway account of the South Carolina Infrastructure Bank./

Renumber sections to conform.

Amend title to conform.

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

Rep. TOWNSEND proposed the following Amendment No. 46 (Doc Name P:\AMEND\PT\1092HTC.97), which was tabled.

Amend the bill, as and if amended, page 8, by striking line 13 and inserting:

/officio; one member recommended by the motor carrier freight transportation industry appointed jointly by the respective Chairmen of the House Education and Public Works Committee and the Senate Transportation Committee, and one member appointed by the Governor on the/

Renumber sections to conform.

Amend title to conform.

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

Rep. FLEMING proposed the following Amendment No. 47 (Doc Name P:\AMEND\DKA\4252CM.97), which was tabled.

Amend the bill, as and if amended, Section 11-42-70, SECTION 2, page 8, by inserting after /House/ on line 6: / of which one must be a Representative from the upstate who represents a least developed area as defined by the Rural Development Act /

Amend further by inserting after /Senate/ on line 7: /of which one must be a Senator from the lowstate who represents a least developed area as defined by the Rural Development Act/.

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 79; Nays 30

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barfield               Barrett                Battle
Baxley                 Beck                   Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Carnell                Cato
Chellis                Clyburn                Cooper
Cotty                  Dantzler               Edge
Gamble                 Gourdine               Harrell
Harrison               Harvin                 Haskins
Hines, J.              Hines, M.              Hinson
Hodges                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kinon                  Knotts                 Koon
Law                    Limbaugh               Limehouse
Mack                   Maddox                 Martin
McKay                  McMahand               McMaster
Mullen                 Neilson                Parks
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Smith, J.              Smith, R.
Spearman               Townsend               Tripp
Trotter                Vaughn                 Webb
Whatley                Whipper                Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--79

Those who voted in the negative are:

Bauer                  Canty                  Cave
Davenport              Delleney               Fleming
Govan                  Hamilton               Hawkins
Howard                 Kirsh                  Leach
Littlejohn             Lloyd                  Loftis
McCraw                 McLeod                 Meacham
Moody-Lawrence         Neal                   Phillips
Pinckney               Simrill                Smith, F.
Stille                 Stoddard               Stuart
Walker                 Wilder                 Wilkes

Total--30

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. H. BROWN proposed the following Amendment No. 48 (Doc Name P:\AMEND\BBM\9301HTC.97), which was adopted.

Amend the bill, as and if amended, page 8, line 7, by striking /In/ and inserting / No members of the General Assembly may be appointed to the state council. In/

Amend title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. RHOAD proposed the following Amendment No. 49 (Doc Name P:\AMEND\BBM\9303HTC.97), which was tabled.

Amend the bill, as and if amended, by adding an appropriately-numbered SECTION to read:

/SECTION     _____.     The four-laning of Highway 78 from Bamberg to Denmark is deemed an eligible project for purposes of the South Carolina Infrastructure Bank./

Renumber sections to conform.

Amend title to conform.

Rep. RHOAD explained the amendment.

Rep. KELLEY moved to table the amendment.

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

The amendment was then tabled by a division vote of 56 to 20.

Rep. FLEMING proposed the following Amendment No. 50 (Doc Name P:\AMEND\DKA\4253CM.97), which was tabled.

Amend the bill, as and if amended, by deleting Section 11-42-150(B), SECTION 2, page 14, beginning on line 17, and inserting:

/(B)     The board shall determine which projects are eligible projects and then select from among the projects, the projects qualified to receive a loan or other financial assistance from the bank. In determining qualified projects, the board shall establish review criteria which include, but are not limited to:

(1)     location of the project. The board shall give top priority to those projects proposed to be constructed in least developed areas as defined by the Rural Development Act;

(2)     maximum economic benefit, enhancement of mobility, enhancement of public safety, acceleration of project completion, and enhancement of water and sewer services, communication and transportation services;

(3)     the local community support of the project, matching support by the community or local government, as determined by the board;

(4)     the ability of the applicant to repay a loan according to the terms and conditions established pursuant to this chapter, consideration of which may include, at the option of the bank board, the existence of current investment grade rating on existing debt of the applicant secured by the same revenues to be pledged to secure repayment under the loan repayment agreement; and

(5)     the financial or in-kind contributions to the project.

The determination of eligible projects is subject to the review and approval of the Joint Bond Review Committee.

(6)     The Division of Regional Development and the Advisory Council may give greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment.

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. HARRELL moved to table the amendment.

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

The amendment was then tabled by a division vote of 57 to 23.

Rep. FLEMING proposed the following Amendment No. 51 (Doc Name P:\AMEND\DKA\4255CM.97), which was tabled.

Amend the bill, as and if amended, Section 11-42-30(10), SECTION 2, page 4, by inserting after the /,/ on line 7:

/development to least developed areas as defined by the Rural Development Act,/

Amend title to conform.

Rep. FLEMING explained the amendment.

Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 53 to 23.

Rep. FLEMING proposed the following Amendment No. 52 (Doc Name P:\AMEND\DKA\4254CM.97), which was tabled.

Amend the bill, as and if amended, by deleting Section 11-42-150(B)(5), page 14, beginning on line 38, and inserting:

/(5)     The Division of Regional Development and the Advisory Council may give greater weighting in recommending priorities for eligible projects to areas of the State experiencing high unemployment and eligible projects in least development areas as defined by the Rural Development Act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. FLEMING explained the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BYRD a leave of absence for the remainder of the day.

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

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

The amendment was then tabled by a division vote of 60 to 22.

Rep. CAVE proposed the following Amendment No. 53 (Doc Name P:\AMEND\JIC\5989HTC.97), which was tabled.

Amend the bill, as and if amended, page 8, line 17, by striking the period and inserting:

/.     At least one of the members appointed by the Speaker and the President Pro Tempore must represent a county with a population of thirty thousand or less as of the most recent United States Census./

Renumber sections to conform.

Amend title to conform.

Rep. CAVE explained the amendment.

Rep. HARRELL moved to tabled the amendment.

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

Yeas 71; Nays 40

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Beck
Boan                   Brown, H.              Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Edge                   Felder                 Gamble
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Leach                  Limbaugh
Limehouse              Loftis                 Mack
Maddox                 Martin                 Mason
McKay                  McMaster               Meacham
Miller                 Mullen                 Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, R.
Spearman               Stille                 Stuart
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

Those who voted in the negative are:

Askins                 Bailey                 Bauer
Baxley                 Bowers                 Brown, G.
Brown, J.              Brown, T.              Canty
Cave                   Clyburn                Cobb-Hunter
Fleming                Gourdine               Govan
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kinon                  Littlejohn             Lloyd
McCraw                 McLeod                 McMahand
Moody-Lawrence         Parks                  Phillips
Pinckney               Rhoad                  Scott
Sheheen                Smith, F.              Smith, J.
Stoddard               Walker                 Whipper
Wilkes

Total--40

So, the amendment was tabled.

Rep. CAVE proposed the following Amendment No. 54 (Doc Name P:\AMEND\JIC\5990HTC.97), which was tabled.

Amend the bill, as and if amended, page 8, line 17, by striking the period and inserting:

/.     At least one of the members appointed by the Speaker and the President Pro Tempore must represent a county with a population of fifty thousand or less as of the most recent United States Census./

Renumber sections to conform.

Amend title to conform.

Rep. CAVE explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 58; Nays 54

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Boan
Brown, H.              Campsen                Carnell
Cato                   Chellis                Cotty
Cromer                 Dantzler               Davenport
Edge                   Felder                 Gamble
Hamilton               Harrell                Harrison
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Law
Leach                  Limbaugh               Limehouse
Loftis                 Martin                 Mason
McKay                  McMaster               Meacham
Mullen                 Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, R.
Spearman               Stuart                 Townsend
Vaughn                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Askins                 Bailey                 Battle
Bauer                  Baxley                 Bowers
Brown, G.              Brown, J.              Brown, T.
Canty                  Cave                   Clyburn
Cobb-Hunter            Delleney               Easterday
Fleming                Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hodges                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Lanford                Littlejohn             Lloyd
Maddox                 McCraw                 McLeod
McMahand               Miller                 Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Scott                  Seithel                Sheheen
Smith, F.              Smith, J.              Stille
Tripp                  Walker                 Whipper
Wilder                 Wilkes                 Young

Total--54

So, the amendment was tabled.

Rep. CAVE proposed the following Amendment No. 55 (Doc Name P:\AMEND\JIC\5991HTC.97), which was adopted.

Amend the bill, as and if amended, page 8, line 19, by striking the period and inserting: /. No person may be appointed to more than two consecutive terms on the state council./

Amend title to conform.

Rep. CAVE explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15028HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150(B)(5), as contained in SECTION 2, page 14, line 39, by striking /may/ and inserting /shall/.

Renumber sections to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 6 (Doc Name P:\AMEND\JIC\5949HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than six and three-quarters percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 7 (Doc Name P:\AMEND\JIC\5950HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than six and one-half percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

SPEAKER IN CHAIR

Rep. LANFORD proposed the following Amendment No. 8 (Doc Name P:\AMEND\JIC\5951HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than six and one-quarter percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 9 (Doc Name P:\AMEND\JIC\5952HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than six percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 11 (Doc Name P:\AMEND\JIC\5940HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than four and three-quarters percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 12 (Doc Name P:\AMEND\JIC\5941HTC.97), which was tabled.

Amend the bill, as and if amended,in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than four and one-half percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. LANFORD proposed the following Amendment No. 13 (Doc Name P:\AMEND\JIC\5942HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than four and one-quarter percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. LANFORD proposed the following Amendment No. 14 (Doc Name P:\AMEND\JIC\5943HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than four percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. LANFORD proposed the following Amendment No. 15 (Doc Name P:\AMEND\JIC\5944HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than three and three-quarters percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 16 (Doc Name P:\AMEND\JIC\5945HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than three and one-half percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

Rep. LANFORD explained the amendment.

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

Rep. LANFORD proposed the following Amendment No. 17 (Doc Name P:\AMEND\JIC\5946HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than three and one-quarter percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fifteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 18 (Doc Name P:\AMEND\JIC\5956HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of fourteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 19 (Doc Name P:\AMEND\JIC\5957HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of thirteen thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 20 (Doc Name P:\AMEND\JIC\5959HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of twelve thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 21 (Doc Name P:\AMEND\JIC\5960HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of eleven thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 22 (Doc Name P:\AMEND\JIC\5962HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of ten thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 23 (Doc Name P:\AMEND\JIC\5963HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of nine thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 24 (Doc Name P:\AMEND\JIC\5964HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/(6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of eight thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 25 (Doc Name P:\AMEND\JIC\5965HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/ (6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of seven thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 26 (Doc Name P:\AMEND\JIC\5966HTC.97), which was tabled.

Amend the bill, as and if amended, in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/ (6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of six thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

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

Rep. LANFORD proposed the following Amendment No. 27 (Doc Name P:\AMEND\JIC\5967HTC.97), which was tabled.

Amend the bill in Section 11-42-150, as contained in SECTION 2, page 14, by inserting immediately after line 41:

/ (6)     Not less than five percent of all forms of bank assistance must directly benefit municipalities or communities with a population of five thousand or less as of the most recent United States Census and in which one or more major employers has ceased operations in the area in the preceding two years./

Renumber to conform.

Amend title to conform.

s and if amended,

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

Rep. LANFORD proposed the following Amendment No. 28 (Doc Name P:\AMEND\PT\1069HTC.97), which was tabled.

Amend the bill, as and if amended,page 6, line 7, by striking /bank/ and inserting /council/.

Amend further, page 14, by striking lines 17 through 21 and inserting:

/ (B)     The State Council for Regional Development shall determine which projects are eligible projects and then select from among the projects those qualified to receive a loan or other financial assistance from the bank. The council shall establish review criteria which includes, but are not limited to: /

Renumber sections to conform.

Amend title to conform.

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

Reps. SEITHEL, QUINN, CATO, KLAUBER, ROBINSON, LITTLEJOHN, ALLISON, SHEHEEN, COBB-HUNTER, VAUGHN, TROTTER, HARVIN, TRIPP and R. SMITH proposed the following Amendment No. 30 (Doc Name P:\AMEND\KGH\15034HTC.97), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION     1.     Chapter 1, Title 11 of the 1976 Code is amended by adding:

"Section 11-1-120.     (A)     There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled the Capital Improvement and Infrastructure Trust Fund to which must be credited recurring and other revenues as provided by law to establish a cash fund to provide for state government capital needs, including highway infrastructure needs. No more than ninety percent of fund proceeds may be expended in any one fiscal year for highway and bridge projects. Expenditures for other than highway and bridge projects may not exceed fifteen percent of fund proceeds in any one fiscal year. Projects paid for from fund proceeds must first be authorized by resolution of the Commission of the Department of Transportation and then ratified by the General Assembly by joint resolution. The State Budget and Control Board and the Joint Bond Review Committee shall determine project priorities and authorize the scheduling of draws on the fund in the same manner that these entities conduct that process for projects funded by state capital improvement bonds. The State Budget and Control Board shall provide the necessary technical assistance to the Joint Bond Review Committee in implementing this section. Earnings on fund revenues must be retained in the fund.

(B)(1)     Any general fund surplus revenues in a fiscal year not officially recognized as such by the Board of Economic Advisors is transferred to the Capital Improvement and Infrastructure Trust Fund. In addition, the revenues of one cent a gallon of gasoline taxes, as provided in Section 12-28-2720 and the phased-in revenues of motor vehicle licensing and registration as provided in Section 56-3-910 also must be transferred to the Capital Improvement and Infrastructure Trust Fund.

(2)     There also may be credited to this fund:

(a)     revenues contributed by political subdivisions which must be expended only on projects proposed by the contributing political subdivision;

(b)     federal highway funds designated for a specific project;

(c)     all savings attributable to the State Performance Audit; and

(d)     a transfer from the general fund of the State equal to amounts appropriated for a fiscal year for debt service on state capital improvement bonds less than the amounts so appropriated for fiscal year 1997-98.

(C)     The sources of revenue dedicated to the Capital Improvement and Infrastructure Trust Fund as provided in subsection (B)(1) may not be reduced except by separate legislation enacted solely for that purpose, passed by a vote of at least two-thirds of the entire membership of the House of Representatives and the Senate."

SECTION     2.     Section 2-7-105 of the 1976 Code, as last amended by Act 33 of 1995, is further amended to read:

"Section 2-7-105.     State capital improvement bonds may not be authorized by the General Assembly in odd-numbered years after June 30, 1997. Capital improvements instead may be authorized and funded pursuant to Section 11-1-120."

SECTION     3.     Section 12-28-2720 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

"Section 12-28-2720.     The proceeds from ten and thirty-four hundredths cents a gallon of the tax on gasoline only as levied and provided for in this chapter must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Transportation for the purpose of that department and one cent a gallon must be deposited to the credit of the Capital Improvement and Infrastructure Trust Fund."

SECTION     4.     Section 56-3-910 of the 1976 Code, as amended by Section 1366, Act 181 of 1993, is further amended to read:

"Section 56-3-910.     All fees and penalties collected by the department under the provisions of this chapter shall must be placed in the state general fund distributed as follows:

(1)     fiscal year 1997-98, fifty percent to the general fund of the State and fifty percent to the Capital Improvement and Infrastructure Trust Fund,

(2)     fiscal year 1998-99, twenty-five percent to the general fund of the State and seventy-five percent to the Capital Improvement and Infrastructure Trust Fund,

(3)     fiscal years after 1998-99, one hundred percent to the Capital Improvement and Infrastructure Trust Fund."

SECTION     5.     This act takes effect July 1, 1997. /

Renumber sections to conform.

Amend title to conform.

Rep. SEITHEL explained the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. SEITHEL spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 66; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Battle
Beck                   Boan                   Breeland
Brown, H.              Brown, J.              Campsen
Carnell                Chellis                Cooper
Dantzler               Edge                   Felder
Gamble                 Gourdine               Harrell
Harrison               Harvin                 Hinson
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Koon
Law                    Leach                  Limbaugh
Limehouse              Lloyd                  Mack
Martin                 Mason                  McKay
McMahand               McMaster               Mullen
Neilson                Parks                  Rhoad
Riser                  Rodgers                Scott
Sharpe                 Smith, R.              Spearman
Stille                 Townsend               Trotter
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--66

Those who voted in the negative are:

Barrett                Bauer                  Baxley
Bowers                 Brown, G.              Brown, T.
Cato                   Cave                   Cotty
Cromer                 Davenport              Delleney
Easterday              Fleming                Hamilton
Haskins                Hawkins                Hines, J.
Hines, M.              Hodges                 Kirsh
Klauber                Knotts                 Littlejohn
Loftis                 Maddox                 McCraw
McLeod                 Meacham                Moody-Lawrence
Phillips               Pinckney               Quinn
Rice                   Robinson               Sandifer
Seithel                Sheheen                Simrill
Smith, D.              Smith, F.              Stuart
Tripp                  Walker                 Wilkes

Total--45

So, the amendment was tabled.

AMENDMENT NO. 34--TABLED

Debate was resumed on Amendment No. 34, which was proposed on Tuesday, March 25, by Rep. FLEMING.

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

Reps. FLEMING and McLEOD spoke against the Bill.

AMENDMENT NO. 40, QUESTION 1--MOTION TO
RECONSIDER TABLED

Rep. HODGES moved to reconsider the vote whereby Amendment No. 40, Question 1 was adopted.

Rep. VAUGHN moved to table the motion to reconsider.

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

Yeas 60; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Breeland
Brown, H.              Campsen                Cato
Chellis                Cromer                 Dantzler
Easterday              Edge                   Hamilton
Harrell                Haskins                Hawkins
Hinson                 Inabinett              Jordan
Keegan                 Kelley                 Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Martin
Mason                  McCraw                 McKay
McMahand               McMaster               Mullen
Phillips               Pinckney               Rhoad
Rice                   Robinson               Rodgers
Sandifer               Sheheen                Smith, D.
Smith, F.              Smith, R.              Spearman
Townsend               Vaughn                 Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum

Total--60

Those who voted in the negative are:

Askins                 Bailey                 Battle
Bauer                  Baxley                 Boan
Brown, G.              Brown, J.              Brown, T.
Canty                  Carnell                Cave
Clyburn                Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Fleming                Gamble                 Govan
Harrison               Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Jennings               Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Maddox                 McLeod
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Parks
Quinn                  Riser                  Scott
Seithel                Sharpe                 Simrill
Smith, J.              Stille                 Stuart
Tripp                  Trotter                Wilder
Wilkes                 Young                  Young-Brickell

Total--57

So, the motion to reconsider was tabled.

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

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

Yeas 83; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cromer
Dantzler               Edge                   Felder
Gamble                 Gourdine               Govan
Harrell                Harrison               Harvin
Haskins                Hines, M.              Hinson
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Knotts
Koon                   Lanford                Law
Leach                  Limbaugh               Limehouse
Lloyd                  Loftis                 Mack
Martin                 Mason                  McCraw
McKay                  McMahand               McMaster
Miller                 Mullen                 Neilson
Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Smith, D.              Smith, R.
Spearman               Townsend               Trotter
Vaughn                 Webb                   Whatley
Whipper                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--83

Those who voted in the negative are:

Baxley                 Brown, G.              Canty
Cave                   Cobb-Hunter            Cooper
Cotty                  Davenport              Delleney
Easterday              Fleming                Hamilton
Hawkins                Hines, J.              Hodges
Kirsh                  Klauber                Littlejohn
Maddox                 McLeod                 Meacham
Moody-Lawrence         Neal                   Parks
Quinn                  Seithel                Sheheen
Simrill                Smith, F.              Smith, J.
Stille                 Stuart                 Tripp
Walker                 Wilder                 Wilkes
Young

Total--37

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

RECORD FOR VOTING

I voted for H. 3665 because I believe this Bill represents an important first step toward addressing the infrastructure needs across our State. It is my hope that the mechanisms which H. 3665 establishes objectively will evaluate all needs and will fund first the greatest needs which provide for the greatest good and economic development to benefit the general welfare of our State.

I further hope that H. 3665 will address continuing needs and not just the first few projects funded.

I do have a concern over the bonding authority which H. 3665 bestows. I believe we can fund these needs on a cash basis. Also, I am worried about the impact of this Bill on our state's credit rating.

Rep. ALFRED B. ROBINSON, JR.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3701 -- Reps. H. Brown, Inabinett, Jordan, Simrill, Young-Brickell, Chellis, McKay, Bailey, Lloyd, Parks, Martin, Sharpe, J. Smith, Trotter, Stuart, Harrison, Kennedy, Maddox, Riser, Rodgers, Hinson, Barrett, Sandifer, Webb, Easterday, Koon, Dantzler, Byrd, Felder, Leach, Fleming, J. Brown, Harvin, Kirsh, Bowers, Meacham, Harrell, Woodrum and Loftis: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. BARBARA LANGER PEARLSTINE OF CHARLESTON UPON HER DEATH.

H. 3703 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF THE HONORABLE LUTHER LANGFORD TAYLOR, JR., OF RICHLAND COUNTY, DISTINGUISHED MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3712 -- Reps. Moody-Lawrence and Delleney: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND SAMUEL MITCHELL MOORE, JR., OF CHESTER AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3720 -- Reps. Spearman, Allison, Byrd, Cobb-Hunter, Gamble, Hinson, Lee, Martin, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Parks, Rodgers, Seithel, Stuart and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE PALMIRA SILVA SNAPE, M. D., OF GREENVILLE COUNTY, AS THE GUEST SPEAKER FOR THE FIRST ANNUAL JEAN LANEY HARRIS MEMORIAL LUNCHEON AT THE SOUTH CAROLINA WOMEN IN GOVERNMENT DAY ON MARCH 26, 1997.

H. 3721 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING CAROLINE MACK, A NATIVE OF LEE COUNTY, ON WINNING THE CROWN AND TITLE OF MISS BLACK USA 1997.

H. 3722 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION CONGRATULATING DEPUTY CHIEF FRANCES RICHBOURG OF CLARENDON COUNTY ON BECOMING THE FIRST FEMALE PRESIDENT OF THE SOUTH CAROLINA STATE FIREMEN'S ASSOCIATION.

H. 3723 -- Reps. McLeod and J. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF DR. JULIAN E. GRANT OF NEWBERRY COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3736 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIE SANDERS OF SUMTER COUNTY FOR BEING SELECTED AS THE EMPLOYEE OF THE YEAR FOR SUMTER COUNTY DEPARTMENT OF SOCIAL SERVICES.

ADJOURNMENT

At 12:20 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Mrs. Beth Miller of Fort Mill, to meet in Local Session tomorrow at 10:00 A.M. and in Statewide Session on Tuesday, April 1, at 12:00 Noon.

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