TUESDAY, MARCH 4, 1997

Tuesday, March 4, 1997

(Statewide Session)

Indicates Matter Stricken

Indicates New Matter

The House assembled at 9:30 A.M.

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

Lord God, how inclined we are in focusing on things lacking in our lives. It is easy to complain about demands made upon us, to fret about our disappointments, and thus miss the blessing of living. Grant us Your help, then, to live this day and every day with thankful hearts, to take a grateful look at the good things in our lives and in the world around. Be merciful to our mistakes, forgive our wrongs, and help us celebrate our accomplishments.

Give us the determination to make our public worship shape our public lives. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Lt. Col. Dorcas J. Elledge (retired) of Ware Shoals, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3589 -- Reps. Bauer, F. Smith, J. Smith, Koon, Scott, Edge, Hawkins, Knotts, Quinn, Lloyd, Inabinett, Witherspoon, Gamble, Riser, Spearman, Byrd, Mack, Battle, McLeod, Bowers, Barfield and Limehouse: 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 53 SO AS TO PROVIDE THE ISSUANCE OF “LAKE MURRAY” LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF FEES COLLECTED.

Referred to Committee on Education and Public Works.

H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.

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

H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE “SOUTH CAROLINA PROPERTY RIGHTS ACT”.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3592 -- Rep. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE FLAT STANLEY FOR VISITING THE SOUTH CAROLINA GENERAL ASSEMBLY ON TUESDAY, FEBRUARY 25, 1997, AND FOR SPENDING THE ENTIRE DAY WITH REPRESENTATIVE GEORGE H. BAILEY AND OTHER MEMBERS OF THE GENERAL ASSEMBLY.

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 Baxley Boan

Bowers Breeland Brown, H.

Brown, J. Campsen Cato

Cave Chellis Cobb-Hunter

Cooper Cotty Cromer

Dantzler Edge Felder

Fleming Gamble Gourdine

Govan Hamilton Harrell

Harrison Harvin Haskins

Hawkins Hinson Hodges

Inabinett Jordan Keegan

Kelley Kinon Kirsh

Klauber Knotts Koon

Leach Lee Littlejohn

Lloyd Loftis Maddox

Martin Mason McCraw

McKay McLeod McMahand

McMaster Meacham Moody-Lawrence

Mullen Neilson Parks

Phillips Pinckney Rhoad

Rice Riser Rodgers

Sandifer Sharpe Sheheen

Smith, D. Smith, J. Smith, R.

Stille Stoddard Stuart

Townsend Trotter 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 Tuesday, March 4.

James N. Law Steve P. Lanford

Leon Howard Richard M. Quinn, Jr.

J. Gary Simrill William Clyburn

Kenneth Kennedy Alma W. Byrd

Mack T. Hines Jackson S. Whipper

L. Hunter Limbaugh George H. Bailey

Jesse E. Hines F.G. Delleney, Jr.

Douglas Jennings, Jr. Molly M. Spearman

H.B. Limehouse III Timothy C. Wilkes

Joseph H. Neal Marion P. Carnell

Daniel L. Tripp Ralph W. Canty

John L. Scott, Jr. G. Ralph Davenport, Jr.

Scott Beck Theodore A. Brown

Michael E. Easterday Lynn Seithel

Vida Osteen Miller Alfred B. Robinson, Jr.

David James Mack III Fletcher Nathaniel Smith, Jr.

Grady A. Brown

Total Present--123

LEAVES OF ABSENCE

The SPEAKER granted Rep. CARNELL a temporary leave of absence.

The SPEAKER granted Rep. BAILEY a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

H. 3400--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IA.

H. 3400 -- GENERAL APPROPRIATION BILL

PART IA

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Rep. J. SMITH proposed the following Amendment No. 2 (Doc Name P:\AMEND\008\FULLIMPKIND8), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 22, opposite /FULL DAY KINDERGARTEN/ by increasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ 13,767,686 13,767,686

() ()/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 23, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ 3,719,380 3,719,380

() ()/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 2, opposite /FULL DAY KINDERGARTEN TEACHER SALARY/ by increasing the amount(s) in Column 5 by:

Column 5 Column 6

/ 621,069/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 3, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 by:

Column 5 Column 6

/ 107,669/

Renumber sections and amend totals/title to conform.

Rep. J. SMITH explained the amendment.

Rep. HOWARD spoke in favor of the amendment.

Reps. LITTLEJOHN and D. SMITH spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison Altman Askins

Barfield Barrett Bauer

Beck Boan Brown, H.

Campsen Cato Chellis

Cooper Cotty Dantzler

Easterday Edge Felder

Fleming Gamble Hamilton

Harrell Harrison Haskins

Hawkins Hinson Jordan

Keegan Kelley Kinon

Klauber Knotts Koon

Lanford Law Leach

Limbaugh Limehouse Littlejohn

Loftis Martin Mason

McKay McMaster Meacham

Neilson Quinn Rhoad

Rice Riser Robinson

Rodgers Seithel Sharpe

Simrill Smith, D. Smith, R.

Stille Stuart Townsend

Tripp Trotter Vaughn

Walker Webb Whatley

Wilkins Witherspoon Woodrum

Young Young-Brickell

Total--71

Those who voted in the negative are:

Battle Baxley Bowers

Breeland Brown, G. Brown, J.

Cave Clyburn Cobb-Hunter

Cromer Gourdine Govan

Harvin Hines, J. Hines, M.

Hodges Howard Inabinett

Jennings Kennedy Kirsh

Lee Lloyd Mack

Maddox McCraw McLeod

McMahand Miller Moody-Lawrence

Mullen Neal Parks

Phillips Pinckney Scott

Sheheen Smith, F. Smith, J.

Stoddard Wilder

Total--41

So, the amendment was tabled.

Reps. BAXLEY, NEILSON and J. HINES proposed the following Amendment No. 90 (Doc Name P:\AMEND\008\GOVMS.008), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 14, line 37, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $300,000 $300,000/

Renumber sections and amend totals/title to conform.

Rep. BAXLEY explained the amendment.

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

Yeas 74; Nays 32

Those who voted in the affirmative are:

Allison Altman Askins

Barfield Barrett Battle

Bauer Beck Boan

Brown, H. Campsen Cato

Chellis Cooper Cotty

Cromer Dantzler Easterday

Edge Felder Fleming

Gamble Hamilton Harrell

Harrison Hawkins Hinson

Jordan Keegan Kelley

Kennedy Kirsh Klauber

Knotts Koon Lanford

Law Leach Limbaugh

Limehouse Littlejohn Loftis

Martin Mason McKay

McMaster Meacham Miller

Mullen Quinn Rhoad

Rice Riser Rodgers

Seithel Sharpe Sheheen

Simrill Smith, D. Smith, R.

Stille Stuart Townsend

Trotter Vaughn Walker

Webb Whatley Wilder

Wilkins Witherspoon Woodrum

Young Young-Brickell

Total--74

Those who voted in the negative are:

Baxley Breeland Brown, G.

Brown, J. Byrd Cave

Clyburn Cobb-Hunter Gourdine

Govan Harvin Haskins

Hines, J. Hines, M. Hodges

Inabinett Jennings Kinon

Lee Lloyd Maddox

McLeod McMahand Moody-Lawrence

Neal Neilson Parks

Phillips Pinckney Scott

Stoddard Wilkes

Total--32

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 103 (Doc Name P:\AMEND\008\DARSEG.008), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 16, line 36, opposite /DARLINGTON DESEGREGATION/ by decreasing the amount(s) in Column 5 and 6 by:

Column 1 Column 2

/ $500,000 $500,000/

Amend the bill further, as and if amended, Part IA, Section 19, Dept. Of Education, page 2, line 1, opposite /INSTRUCTIONAL MATERIAL/ by increasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $500,000 $500,000/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. HARRELL spoke in favor of the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 18C--ADOPTED

Rep. STILLE proposed the following Amendment No. 120 (Doc Name P:\AMEND\007\18C$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18C, The Citadel, page 33, lines 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $942,634 $942,634

(14.00) (14.00)/

Amend the bill further, as and if amended, Part IA, Section 18C, The Citadel, page 40, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $329,910 $329,910/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

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

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

Yeas 93; Nays 15

Those who voted in the affirmative are:

Allison Altman Askins

Bailey Barfield Barrett

Battle Bauer Baxley

Boan Bowers Breeland

Brown, G. Brown, H. Brown, J.

Byrd Campsen Cato

Cave Chellis Clyburn

Cobb-Hunter Cotty Cromer

Delleney Edge Felder

Fleming Gamble Gourdine

Hamilton Harrell Harrison

Harvin Haskins Hawkins

Hines, J. Hines, M. Hinson

Hodges Inabinett Jennings

Jordan Keegan Kelley

Kennedy Kinon Knotts

Koon Law Leach

Lee Limbaugh Limehouse

Lloyd Mack Mason

McCraw McKay McLeod

McMaster Miller Moody-Lawrence

Mullen Neal Neilson

Parks Phillips Pinckney

Quinn Rhoad Riser

Robinson Rodgers Sandifer

Scott Seithel Sharpe

Sheheen Smith, D. Smith, J.

Smith, R. Spearman Stuart

Webb Whatley Whipper

Wilder Wilkes Wilkins

Woodrum Young Young-Brickell

Total--93

Those who voted in the negative are:

Dantzler Kirsh Klauber

Littlejohn Loftis Maddox

Meacham Rice Simrill

Smith, F. Stoddard Townsend

Trotter Vaughn Walker

Total--15

So, the amendment was tabled.

Section 18C was adopted.

SECTION 18D--ADOPTED

Rep. STILLE proposed the following Amendment No. 150 (Doc Name P:\AMEND\007\18D$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18D, Clemson University, page 42, line 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ 9,288,895 9,288,895

(115.00) (115.00)/

Amend the bill further, as and if amended, Part IA, Section 18D, Clemson University, page 47, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $3,220,000 $3,220,000/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. STILLE continued speaking.

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

Section 18D was adopted.

SPEAKER IN CHAIR

SECTION 18E--ADOPTED

Section 18E was adopted.

SECTION 18F

Section 18F was adopted.

SECTION 18G

Section 18G was adopted.

SECTION 18H

Section 18H was adopted.

SECTION 18J

Section 18J was adopted.

SECTION 18KA--ADOPTED

Rep. STILLE proposed the following Amendment No. 126 (Doc Name P:\AMEND\007\18KA$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18KA, University of South Carolina, page 68, line 8-9, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $17,028,480 $17,028,480

(245.00) (245.00)/

Amend the bill further, as and if amended, Part IA, Section 18KA, University of South Carolina, page 70, line 12, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5 Column 6

/ $5,959,870 $5,959,870/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. CROMER spoke against the amendment.

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

Section 18KA was adopted.

SECTION 18KB

Section 18KB was adopted.

SECTION 18KC

Section 18KC was adopted.

SECTION 18KD

Section 18KD was adopted.

SECTION 18KE

Section 18KE was adopted.

SECTION 18KF

Section 18KF was adopted.

SECTION 18KG

Section 18KG was adopted.

SECTION 18KH

Section 18KH was adopted.

SECTION 18L

Section 18L was adopted.

SECTION 18N

Rep. STILLE explained the section.