Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God and Father of us all, Whose ways are infallible, at this altar of prayer established by our forefathers, be bow to ask that Your strength may undergird us in our service to God and to our fellowmen. Help us to work worthily and willingly that the results of our efforts may be in the best interest of Your children. Teach us the lesson that the past is gone but may we learn from it; that the present is now and may we live and work in it to make this day and the days to come a vision of hope, a dream of happiness, and a fulfillment of peace and good will for our people and for all mankind.
In the Name of our Master we pray. 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.
The following was received.
Columbia, S.C., March 11, 1992
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 300, H. 4308 by a vote of 44 to 0.
(R300) H. 4308 -- Reps. L. Elliott and Harwell: AN ACT TO AMEND ACT 197 OF 1991, RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.
Very respectfully,
President
No. 093
Received as information.
Rep. CORBETT moved that when the House adjourns it adjourn in memory of Mr. Stokes Chestnut, which was agreed to.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 4548 -- Rep. Stoddard: A HOUSE RESOLUTION TO CONGRATULATE THE LAURENS DISTRICT 55 HIGH SCHOOL "RAIDERS" FOOTBALL TEAM FOR WINNING THE STATE AAAA DIVISION 2 FOOTBALL CHAMPIONSHIP AND ALLOW THE TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 18, 1992.
Whereas, the members of the General Assembly were delighted to learn that the Laurens District 55 High School "Raiders" football team won a dramatic State AAAA Division 2 Championship on December 7, 1991; and
Whereas, finished the regular season with ten wins and one loss and the final record was fourteen wins and one loss. Now, therefore,
Be it resolved by the House of Representatives:
That the Laurens District 55 High School "Raiders" Football Team and its coach are given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, March 18, 1992, for the purpose of being recognized for winning the State AAAA Division 2 Football Championship.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4549 -- Rep. Farr: A BILL TO AMEND SECTION 7-13-1371, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSTRUCTIONS FOR BALLOT CARDS WHICH ARE USED IN CONJUNCTION WITH OPTICAL SCANNING DEVICES, SO AS TO DELETE PROVISIONS WHICH REQUIRE A BALLOT CARD USED DURING A PRESIDENTIAL ELECTION OR PRIMARY TO BE DESIGNED SO THAT THE FRONT OF THE CARD CONTAINS ONLY THE INSTRUCTIONS FOR VOTING FOR PRESIDENT AND THE NAMES OF THE PRESIDENTIAL CANDIDATES.
Referred to Committee on Judiciary.
H. 4550 -- Reps. Corbett and Keegan: A BILL TO AMEND ACT 287 OF 1989 RELATING TO THE MEMBERSHIP OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO EXTEND THE TERM OF A BOARD MEMBER.
Referred to Horry Delegation.
H. 4551 -- Reps. Jennings, Hodges, Beasley, Tucker, J. Harris, Wright, Farr, Mattos, Baxley, Harrison and Quinn: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.
Referred to Committee on Judiciary.
S. 945 -- Senator Rose: A BILL TO AMEND SECTION 44-23-1150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR HAVING SEXUAL INTERCOURSE WITH A PATIENT IN A STATE MENTAL HEALTH FACILITY, SO AS TO HAVE THE PENALTY APPLY IF THE PATIENT IS IN A STATE MENTAL RETARDATION FACILITY AND TO INCLUDE THE PENALTY FOR COMMITTING SODOMY ON SUCH PATIENTS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Baker Barber Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McLeod McTeer Meacham Phillips Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stoddard Stone Taylor Townsend Tucker Vaughn Waites Waldrop Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 12.
John Snow Alfred McGinnis Carole Wells Edward Bennett Michael Baxley James Hodges Don Beatty Samuel Foster Maggie Glover C. Lenoir Sturkie Eugene Nettles Denny Neilson Woodrow McKay Alex Harvin Joseph McElveen Larry L. Koon J. Derham Cole
STATEMENT OF ATTENDANCE
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 11.
Announcement was made that Dr. Daniel Davis of Columbia is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., March 12, 1992
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part II.
PART II
SECTION 26--INTERRUPTED DEBATE
Amend the bill, as and if amended, in Part II, Permanent Provisions, beginning on page 800 by striking SECTION 26 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO SIX MILLS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED TO FUND MEDICAID HOSPITAL SERVICES AND OTHER MEDICAID PURPOSES; AND TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ASSESS A DAILY SEVENTY-FIVE CENTS A BED FEE ON ALL NURSING HOME BEDS EXCEPT BEDS OWNED OR OPERATED BY THE STATE AND INSTITUTIONAL NURSING HOME BEDS, TO REQUIRE THE FEES TO BE REMITTED BY NURSING HOMES FIFTEEN DAYS BEFORE THE END OF THE FISCAL QUARTER, TO PROVIDE A PENALTY OF ONE HUNDRED DOLLARS FOR EACH DAY A QUARTERLY ASSESSMENT IS IN ARREARS AND TO ALLOW DHEC TO WAIVE OR REDUCE THE PENALTY, AND TO PROVIDE THAT NURSING HOMES ASSESSED THE FIVE DOLLAR A PATIENT DAY ADMINISTRATIVE FEE SHALL CONTINUE TO PAY THAT ASSESSMENT THROUGH SEPTEMBER 30, 1992.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette."
B. The revenues derived from two and one-half mills of the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code must first be appropriated to provide annually recurring revenues for hospital services for the medicaid program. Any remaining revenues must be appropriated for the other components of the medicaid program.
C. Section 44-7-84(D) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:
"(D) (1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State.
(2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee.
(1) The department shall assess all nursing home beds, except beds owned or operated by the State or institutional nursing home beds, at the rate of seventy-five cents a bed a day. The funds generated from this fee must be credited to the general fund of the State.
(2) Nursing homes shall remit one-quarter of their total assessment to the department fifteen days before the end of each fiscal quarter.
(3) Nursing homes which fail to remit quarterly assessments within the time periods specified must pay a penalty of one hundred dollars for each day that the amount is in arrears. The department may waive or reduce the penalty."
D. Notwithstanding the provisions of Section 44-7-84(D) of the 1976 Code as amended by subsection A of this section, nursing homes assessed the five dollar a patient day administrative fee pursuant to the former provisions of Section 44-7-84(D) shall continue to pay that assessment through September 30, 1992, after which the assessment provided in Section 44-7-84(D) of the 1976 Code as amended by this section applies.
E. This section takes effect July 1, 1992./
Amend title and totals to conform.
Rep. CARNELL explained the amendment.
Rep. HARWELL raised the Point of Order that Amendment No. 214 was out of order as it was not germane.
Rep. CARNELL argued contra the Point in stating that it did tie back to another section and another line item and that it was germane last year.
The SPEAKER stated that it did not specifically refer to a line in the text of the Amendment. He further stated that it referred to the preference of appropriation and the procedural control. He further stated, citing Rule 5.3, that if the Amendment had appropriated the money in Part I of the Bill, then it would be germane and that under Rule 5.3, it would have to relate directly with an appropriation being made for the fiscal year provided in the Bill. He further stated that if the original amendment had passed, then there would not be a question at this point. He further stated that he had ruled a previous amendment by Rep. McAbee out of order as it did not relate to revenue on a line item in Part I and that he was almost required to do the same thing now.
Rep. McABEE argued that this was different because there was a specific line item in both the Health and Human Services Finance Commission and in the Department of Social Services that both directly relate to the expenditure of funds for these purposes.
The SPEAKER stated that the money that would be generated by this Amendment was not in those line items.
Rep. McABEE stated that it took the place of monies that were brought in by another source of revenue, the doctor fee increases and the nursing home beds.
The SPEAKER stated that the Amendment did not do that and that it did not repeal the other sections.
Rep. McABEE stated that he was under the impression that it was all drawn under one Amendment.
The SPEAKER stated that if the Amendment had struck the other sections which generated those dollars, then it might be able to do that, but that it did not.
Rep. McABEE stated that that was the intent of the Amendment.
Rep. CARNELL stated, citing Section 128, the Business and License Tax where the tobacco tax would go, that he was amending Section 26 which dealt with the nursing home bed fee. He further stated that it was germane.
The SPEAKER stated that Section 26, as the Committee had reported the Bill out, had the money reflected in those line items.
Rep. CARNELL stated that his Amendment had the effect of reducing the $3.25 to .75.
The SPEAKER stated that the Amendment reduced the assessment per bed and replaced it with the tobacco tax. He then questioned if the line item amount changed.
Rep. CARNELL stated that it did not.
The SPEAKER stated that the Amendment was replacing one source of revenue with another source, but the line item was reflected in the front of the Bill and he overruled the Point of Order.
Reps. CARNELL, KLAPMAN and CORBETT spoke in favor of the amendment.
Rep. L. ELLIOTT spoke against the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. HARWELL moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Beasley Bennett Brown, G. Bruce Burch, K. Cato Clyborne Cooper Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Gonzales Hallman Harris, J. Harwell Hodges Jaskwhich Jennings Keegan Kempe Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sheheen Snow Townsend Waites Wells Williams, J. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, J. Barber Beatty Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Corbett Corning Council Fair Glover Harrelson Harris, P. Harrison Haskins Hendricks Holt Huff Klapman Koon Lanford Littlejohn Manly Marchbanks Mattos McAbee McCraw Phillips Rama Ross Rudnick Scott Sharpe Shirley Shissias Smith Stoddard Stone Sturkie Taylor Tucker Waldrop Whipper White Wilder Wilkes Williams, D.
So, the amendment was tabled.
Rep. HARWELL moved to reconsider the vote whereby Amendment No. 214 was tabled and the motion was noted.
Reps. CARNELL, McABEE, A. YOUNG, P. HARRIS, TUCKER, SHIRLEY and WHITE proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\N05\8197.HC).
Amend the bill, as and if amended, in Part II, Permanent Provisions, beginning on page 800, by striking Section 26 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO SIX MILLS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED TO FUND THE MEDICAID THIRD PRESCRIPTION AND OTHER MEDICAID PURPOSES; AND TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO ELIMINATE THE FIVE DOLLAR A DAY ADMINISTRATIVE FEE EFFECTIVE OCTOBER 1, 1992.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette."
B. The revenues derived from two and one-half mills of the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code must first be appropriated to provide annually recurring revenues for the third prescription for the medicaid program. Any remaining revenues must be appropriated for the other components of the medicaid program.
C. Section 44-7-84(D) of the 1976 Code, as last amended by Act 171 of 1991, PART II, Section 7, is further amended by deleting subsection (D) which reads:
"(D) (1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State. (2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."
D. Subsections A. and B. of this section take effect July 1, 1992. Subsection C. of this section takes effect October 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. HARWELL raised the Point of Order that Amendment No. 43 was out of order as it was not germane.
Rep. CARNELL argued contra the Point in stating that it tied back to medicaid items in the Budget and that it was different from Amendment No. 214 in where the money was spread. He further stated that he was amending Section 26 by taking the bed fee out and replacing it with the tobacco tax and that the line item would not change because it involved the same amount of money.
The SPEAKER stated that the money was in Part I and that it related back to a line item and that it was germane and he overruled the Point of Order.
Rep. CARNELL continued speaking.
Rep. HARWELL spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Reps. WALDROP, G. BROWN and KENNEDY spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. HARRELSON spoke against the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 43 to Section 26.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Act was duly ratified.
(R312) H. 4129 -- Rep. McElveen: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO AUTHORIZE MUNICIPALITIES TO TRANSFER AUTHORITY FOR CONDUCTING MUNICIPAL ELECTIONS TO THE COUNTY ELECTIONS COMMISSION AND AUTHORIZE COUNTY ELECTIONS COMMISSIONS TO CONDUCT MUNICIPAL ELECTIONS, AND AS A CONDITION OF THE TRANSFER OF THIS AUTHORITY THE GOVERNING BODIES OF THE MUNICIPALITY AND THE COUNTY MUST AGREE TO THE TERMS OF THE TRANSFER AND ENACT ORDINANCES EMBODYING THE TERMS OF THAT AGREEMENT; TO PROVIDE FOR 1992 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1992 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE TWENTY-FIFTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1992 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE FOURTH TUESDAY IN AUGUST; TO CHANGE FOR 1992 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1992 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON SEPTEMBER 8, 1992, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 18, 1992.
At 11:55 A.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 43 to Section 26, Part II.
SECTION 26--DEBATE ADJOURNED
Debate was resumed on Amendment No. 43, by Reps. CARNELL, McABEE, et al.
Rep. SNOW moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Bennett Brown, G. Bruce Burch, K. Cato Clyborne Cooper Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harwell Hodges Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sharpe Sheheen Snow Vaughn Waites Waldrop Williams, J. Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Beatty Brown, H. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Corbett Corning Council Fair Felder Foster Glover Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Kempe Klapman Lanford Littlejohn Manly Marchbanks Martin, D. McAbee McCraw McGinnis Phillips Rama Ross Rudnick Scott Shirley Shissias Smith Stoddard Stone Taylor Tucker Wells Whipper White Wilder Wilkes Williams, D.
So, the amendment was tabled.
The motion of Rep. HARWELL to reconsider the vote whereby Amendment No. 214 was tabled was taken up.
Rep. BAKER moved to table the motion to reconsider.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Beasley Brown, G. Bruce Burch, K. Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harwell Hodges Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McLeod Meacham Neilson Nettles Rhoad Riser Rogers Sheheen Snow Vaughn Waites Waldrop Williams, J. Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Bailey, J. Beatty Bennett Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corbett Corning Council Fair Felder Foster Glover Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Keegan Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. McAbee McCraw McGinnis Phillips Quinn Rama Ross Rudnick Scott Shirley Shissias Smith Stoddard Stone Sturkie Taylor Townsend Tucker Wells Whipper White Wilder Wilkes Williams, D. Young, A.
So, the House refused to table the motion to reconsider.
Rep. ROGERS asked to be recognized.
Rep. BAKER raised the Point of Order that Rep. ROGERS was out of order as he was not in compliance with Rule 3.6 in that he was not in his seat when he addressed the SPEAKER.
The SPEAKER sustained the Point of Order.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 214 was tabled.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, J. Beatty Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corbett Corning Council Fair Felder Foster Glover Harris, P. Harrison Haskins Hendricks Holt Huff Inabinett Jaskwhich Kempe Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. McAbee McCraw McGinnis Phillips Rama Ross Rudnick Scott Shirley Shissias Smith Stoddard Stone Sturkie Taylor Townsend Tucker Wells Whipper White Wilder Wilkes Williams, D. Young, A.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Beasley Bennett Brown, G. Bruce Burch, K. Clyborne Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harwell Hodges Jennings Keegan Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sharpe Sheheen Snow Vaughn Waites Waldrop Wilkins Williams, J. Wofford Wright Young, R.
So, the motion to reconsider was agreed to.
Reps. CROMER and SNOW spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. ROGERS spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Anderson Bailey, J. Beatty Brown, H. Brown, J. Byrd Carnell Chamblee Corbett Corning Council Fair Felder Glover Gonzales Harris, P. Harrison Haskins Hendricks Holt Houck Huff Inabinett Kempe Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Mattos McAbee McCraw McGinnis Phillips Rama Ross Rudnick Scott Shirley Shissias Smith Stoddard Stone Sturkie Taylor Tucker Wells Whipper White Wilder Williams, D.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Barber Baxley Beasley Bennett Brown, G. Bruce Burch, K. Cato Clyborne Cobb-Hunter Cooper Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Hallman Harrelson Harris, J. Harwell Hodges Jaskwhich Jennings Keegan Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sharpe Sheheen Snow Vaughn Waites Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the amendment was rejected.
I was temporarily out of the Chamber when the vote on the adoption of Amendment No. 214 was taken. Had I been present, I would have voted no.
Rep. WALDROP
Rep. BAKER moved that the House recede until 2:00 P.M.
Rep. HYATT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Glover Riser Taylor Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Bennett Boan Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Hyatt Jaskwhich Keegan Kempe Kennedy Kinon Kirsh Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McCraw McElveen McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Rudnick Sharpe Sheheen Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Waites Wells Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
So, the House refused to recede.
Rep. RUDNICK proposed the following Amendment No. 177 (Doc Name L:\council\legis\amend\JIC\6298.HC), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, beginning on page 800, by striking SECTION 26 and inserting:
TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO ELIMINATE THE FIVE DOLLAR A DAY ADMINISTRATIVE FEE EFFECTIVE OCTOBER 1, 1992.
A. Section 44-7-84(D) of the 1976 Code, as last amended by Act 171 of 1991, PART II, Section 7, is further amended by deleting subsection (D) which reads:
"(D) (1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State. (2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."
B. This section takes effect October 1, 1992./
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. D. ELLIOTT spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 66 to 10.
Rep. CROMER moved to adjourn debate upon the section, which was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 26, Part II. Subject Matter: Tobacco Tax.
Amendment #: 43 Subject Matter: Pharmaceutical Services.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARVIN A. HYATT, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 26, Part II. Subject Matter: Tobacco Tax.
Amendment #: 214
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARVIN A. HYATT, JR.
Rep. RUDNICK proposed the following Amendment No. 179 (Doc Name L:\h-wm\legis\amend\VRC.527), which was tabled.
Amend the bill, as and if amended, Part II, Section 27, Page 801, by deleted the section in its entirety.
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 38 to 37.
The SPEAKER granted Rep. KEEGAN a leave of absence.
Rep. L. MARTIN raised the Point of Order that Section 27 was out of order as it was not in compliance with Rule 5.3 in that it did not directly relate to revenue provided in Part I of the Bill.
Rep. BOAN stated, citing Section 128, page 737, line 20, that the increase was reflected in departmental revenue.
The SPEAKER overruled the Point of Order.
Rep. L. MARTIN further raised the Point of Order that it was out of order as it was not in compliance with Rule 5.9 which states that every committee report which amends the provisions of legislation referred to such Committee shall give the full text of the Section or clearly identifiable subdivisions. He further stated that Section 27 was not in compliance with the Rule.
The SPEAKER stated it dealt with Subsection D of 40-43-230 and was clearly identified.
Rep. L. MARTIN stated that it did not say what it was now.
The SPEAKER stated that it did not have to say what is was now.
Rep. L. MARTIN then argued that under the printing rule, it would have to cross out existing language.
The SPEAKER stated that was not a part of Rule 5.9.
Rep. L. MARTIN stated, citing Rule 5.9, that it was a part of Rule 5.9 and that he thought you had to have the existing law printed, too.
The SPEAKER stated that when the House printed the Bills it was a matter of practice to use the strike throughs, but that it was not in the Rules and he overruled the Point of Order.
Rep. STURKIE moved to reconsider the vote whereby Amendment No. 179 was tabled.
Rep. FELDER moved to table the motion to reconsider.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Barber Beasley Beatty Bennett Boan Brown, J. Burch, K. Byrd Cork Delleney Elliott, D. Elliott, L. Farr Felder Foster Gonzales Harrelson Harris, J. Harwell Hodges Holt Houck Jennings Kempe Kennedy Kinon Kirsh Martin, D. Martin, L. Martin, M. Mattos McCraw McElveen McKay McTeer Nettles Rhoad Scott Sheheen Snow Taylor Waites Whipper Williams, J.
Those who voted in the negative are:
Altman Bailey, G. Baker Baxley Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Fair Fulmer Hallman Harris, P. Harrison Harvin Haskins Huff Jaskwhich Keyserling Klapman Koon Lanford Littlejohn McAbee McLeod Meacham Neilson Quinn Rama Riser Rogers Rudnick Shirley Shissias Smith Stone Sturkie Townsend Tucker Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby Amendment No. 179 was tabled.
Rep. STURKIE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Brown, G. Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Council Cromer Elliott, D. Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Hendricks Huff Jaskwhich Kinon Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McElveen Meacham Neilson Rama Rhoad Riser Ross Rudnick Scott Sheheen Shirley Shissias Smith Stone Sturkie Taylor Townsend Tucker Vaughn Wells Wilder Wilkes Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Barber Beatty Bennett Burch, K. Cork Delleney Elliott, L. Farr Foster Harrelson Harris, J. Harwell Holt Houck Inabinett Kempe Kennedy Keyserling Kirsh Martin, D. Martin, M. Mattos McCraw McKay Nettles Phillips Rogers Waites Whipper
So, the motion to reconsider was agreed to.
The amendment was then adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 27, Part II.
Amendment #: 179 Subject Matter: Pharmacist Fee
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARVIN A. HYATT, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 27, Part II. Subject Matter: Annual License Fee For Pharmacists.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARVIN A. HYATT, JR.
Rep. L. MARTIN moved to table the section.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Baxley Brown, G. Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Corning Council Cromer Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gonzales Hallman Harrelson Harris, P. Harrison Haskins Hendricks Houck Huff Hyatt Jaskwhich Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McTeer Meacham Neilson Rama Rhoad Riser Ross Rudnick Sharpe Shissias Smith Stone Sturkie Tucker Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Anderson Barber Beatty Bennett Boan Burch, K. Byrd Cork Delleney Foster Harris, J. Harwell Hodges Holt Inabinett Kempe Kennedy Keyserling Kinon Martin, D. Mattos McCraw McElveen McGinnis McKay McLeod Phillips Quinn Rogers Scott Sheheen Shirley Snow Taylor Waites Whipper White Williams, D. Williams, J.
So, the section was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 28, Part II. Subject Matter: Medical License Fees.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. WILLIAMS S. HOUCK, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93
Section #: 28, Part II. Subject Matter: Medical License Fees.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. SARAH G. MANLY
Section 29 was adopted.
Section 30 was adopted.
Section 31 was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 31, Part II. Subject Matter: Public Railways Commission.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JOHN C. RAMA
Section 32 was adopted.
Section 33 was adopted.
Rep. HASKINS raised the Point of Order that Section 34 was out of order as it was not in compliance with Rule 5.3 in that it did not relate to revenue in the fiscal year referred to in the Bill. He further stated that the purpose of the Amendment was to instruct the Comptroller to use a particular accounting method with regard to revenue that actually would come in the following fiscal year.
The SPEAKER stated that it said after June 30, 1992 and that would be the fiscal year dealt with in this Bill.
Rep. HASKINS stated that it dealt with revenue that would come in during July of 1992 and the revenue of 1993.
The SPEAKER stated that the fiscal year was July 1, 1992 to June 30, 1993 and that the proviso would not apply until starting after June 30.
Rep. HASKINS stated that under the accrual method, it would apply to the 1991-92 fiscal year, the current fiscal year.
The SPEAKER stated that it dealt with revenue for the fiscal year the House was debating.
Rep. HASKINS stated that the substantial effect would alter revenue for this fiscal year and not the one in the Bill.
The SPEAKER stated that it said all tax revenues after June 30, 1992.
Rep. BOAN stated that it did not begin until July 1, 1992.
The SPEAKER stated that this could not be done in last year's Bill because the money would not be collected until after July 1.
Rep. McABEE stated that the funds were already line items in the revenue section of the Bill based on the estimates. He further stated that they were actually collected within the fiscal year but were not remitted to the general fund due to some cut off date in the subsequent fiscal year.
The SPEAKER stated that the only time this could be affected would be in this year's budget.
Rep. HASKINS stated that this would affect revenue that would come in the 1993-94 fiscal year.
Rep. BOAN stated, citing Section 128, page 738, line 3, that it did relate to revenue in Part I.
The SPEAKER stated that it passed the test of relating to revenue in Part I and he overruled the Point of Order.
Reps. BOAN and CARNELL proposed the following Amendment No. 64 (Doc Name L:\council\legis\amend\JIC\6250.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, beginning on page 802, by striking SECTION 34 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-85 SO AS TO DIRECT THE COMPTROLLER GENERAL TO ACCRUE VARIOUS TAX AND FEE REVENUES FOR ACCOUNTING PURPOSES AND TO AMEND SECTIONS 12-21-1050 AND 12-33-450, RELATING TO THE PAYMENT OF BEER AND WINE AND ALCOHOLIC LIQUORS TAXES, SO AS TO DELETE THE REQUIREMENT FOR PAYING ESTIMATED TAXES FOR EACH JUNE.
A. Article 1, Chapter 9, Title 11 of the 1976 Code is amended by adding:
"Section 11-9-85. For accounting purposes, the Comptroller General shall calculate revenues of the following taxes and fees on an accrual basis:
(1) stamp and business license;
(2) alcoholic liquor;
(3) beer and wine;
(4) soft drink;
(5) electric power;
(6) low-level radioactive waste disposal;
(7) gasoline and motor fuel;
(8) admissions, including bingo admissions; and
(9) sales, use, and casual excise."
B. Section 12-21-1050 of the 1976 Code is amended to read:
"Section 12-21-1050. The tax prescribed in this article must be paid by requiring each wholesaler to make a report to the tax commission, in the form as the commission may prescribe prescribes, of all beer and wine sold or disposed of within this State by such the wholesaler and to pay the tax due thereon not later than the twentieth of the month following the sale of beer or wine. In addition, each wholesaler required to collect tax under this chapter shall for the month of June, 1983, and each June thereafter remit based on the estimated tax liability for the same month of the preceding year and shall remit one hundred percent of the estimated tax to the Tax Commission by the twenty-fifth of June. Any wholesaler who fails to file the report or to pay the tax as prescribed herein in this section must pay a penalty of one quarter of one percent of the amount of the tax due and unpaid or unreported for each day the tax remains unpaid or unreported. The penalty shall must be assessed and collected by the tax commission in the manner as other taxes are assessed and collected. The tax commission may grant any wholesaler extensions of time for filing the reports and paying the taxes prescribed herein in this article and no penalties shall may be assessed or collected to the extent that such the extensions of time are granted."
C. Section 12-33-450 of the 1976 Code is amended to read:
"Section 12-33-450. Every wholesaler of alcoholic liquors must shall file with the commission on or before the twentieth day of each calendar month a report covering all sales of alcoholic liquors during the preceding month. In addition, each wholesaler required to collect tax under this chapter shall for the month of June, 1983, and each June thereafter remit based on the estimated tax liability for the same month of the preceding year and shall remit one hundred percent of the estimated tax to the Tax Commission by the twenty-fifth of June."
D. Subsection A of this section applies with respect to tax and fee revenues received after June 30, 1992, except for item (9) of Section 11-9-85 of the 1976 Code, which applies for sales, use, and casual excise tax revenues received after June 30, 1991. Subsections B and C take effect July 1, 1992./
Amend title and totals to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted by a division vote of 54 to 26.
Rep. HASKINS spoke against the section.
Rep. WILKES spoke against the section.
Rep. BOAN spoke in favor of the section.
Rep. BOAN continued speaking.
Rep. WILKES spoke against the section and moved to adjourn debate upon the Section, which was adopted.
Rep. ROGERS explained the section.
Rep. KIRSH raised the Point of Order that Section 35 was out of order in that it would use the 1991-92 figure and anything above that would be collected in the next fiscal year and would go to the Higher Education Fund. He further stated that the tax would not come in until June 30 of the following year.
The SPEAKER stated that it would come in every month.
Rep. KIRSH stated that you would have to wait until you reached the cap.
The SPEAKER stated that the Section did not take effect until July 1, 1992 and that was the fiscal year up for debate and he overruled the Point of Order.
Rep. HASKINS raised the Point of Order that Section 35 was out of order as it was not germane in that it did not relate back to Part I.
Rep. ROGERS argued contra the Point in stating that it did relate to revenues that are currently generated and appropriated in Part I throughout the Higher Education section. He further stated that the dollars that were being described would be distributed on the line items in Part I.
The SPEAKER questioned whether any of that revenue was reflected in the line items in Part I.
Rep. ROGERS stated that there would be revenue coming in but that there could not be an estimate on it now.
Rep. McABEE stated that it was not in there because it was based on the United States Supreme Court decision that has not been rendered yet and therefore, it could not be a part of Part I revenues or expenditures.
Rep. ROGERS stated that not withstanding the Supreme Court decision, the law was on the books that revenue did flow into the treasury as a result of that law. He further stated that the revenue was throughout the Higher Education section and was a part of the sales tax revenue. He further stated that it was reflected on page 737, Section 128-001 under regular sources retail sales tax.
The SPEAKER stated that it would have to be broken down.
Rep. ROGERS stated that the Tax Commission indicated that the amount comes in that denomination from those sources.
The SPEAKER then questioned how the fund was used now.
Rep. ROGERS stated that the dollars came in now and they were distributed throughout the General Fund.
Rep. McABEE stated that it was new monies.
The SPEAKER stated that you had to determine the old money from 1991-92 first.
Rep. McABEE stated that you could not determine what is was.
The SPEAKER stated that if you could not determine what it was, then how was it related to a line item in Part I.
Rep. HASKINS stated that revenue was being placed in a new fund which was not shown in Part I.
The SPEAKER stated that all the monies in the sales tax item in 128 this year was going to stay there, but anything generated by this was not in that figure and never was going to be because it was going somewhere else, and if that was the case, then it is not in Part I and was never going to be.
Rep. ROGERS stated that there was no way to get an estimate on the amount of revenue that was going to be derived from that.
The SPEAKER stated that you could not do this in Part II of the Bill.
Rep. ROGERS stated that the dollars that come in above the collection level in 1991-92 would be appropriated throughout the Higher Education section.
The SPEAKER stated that none of those dollars had been put in Part I of the Bill above 1991-92 and he sustained the Point of Order and ordered the Section stricken from the Bill.
Reps. CROMER and MANLY proposed the following Amendment No. 155 (Doc Name L:\council\legis\amend\JIC\6290.HC), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 803, SECTION 36, by striking SECTION 36 and inserting:
TO REPEAL SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR THE TIMELY PAYMENT OF SALES AND USE TAX.
A. Section 12-36-2610 of the 1976 Code is repealed.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. WILKES spoke against the amendment and moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 75 to 1.
Rep. BOAN explained the section.
Rep. WILKES moved to table the section.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Baxley Brown, H. Bruce Chamblee Clyborne Cooper Corbett Corning Council Fair Farr Felder Fulmer Hallman Harrison Harwell Haskins Huff Hyatt Jaskwhich Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McGinnis Meacham Phillips Quinn Rama Riser Sharpe Shirley Shissias Smith Stone Sturkie Tucker Vaughn Wells Wilkes Wilkins Wofford Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Barber Beasley Bennett Boan Brown, G. Brown, J. Burch, K. Byrd Cobb-Hunter Cork Cromer Delleney Elliott, L. Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Holt Houck Inabinett Jennings Kempe Keyserling Kinon Kirsh Klapman Manly Martin, D. Mattos McAbee McCraw McElveen McKay McTeer Nettles Rhoad Rogers Ross Rudnick Scott Sheheen Snow Taylor Waites Whipper White Wilder Williams, D. Williams, J.
So, the House refused to table the section.
The question then recurred to the adoption of the section, which was agreed to.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JARVIS R. KLAPMAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Exemption.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID WRIGHT
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Vendor Discount Sales and Use Tax.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARION P. CARNELL
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. STEVE P. LANFORD
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section # 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. LANNY F. LITTLEJOHN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Discount on Sales Tax.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section # 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GRADY A. BROWN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. CHARLES R. SHARPE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. KENNETH KENNEDY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. RONALD CALHOUN FULMER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section # 36, Part II
Amendment #: 155. Subject Matter: Sales Tax Vender Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. HERBERT KIRSH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. GEORGE H. BAILEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II
Amendment #: 155. Subject Matter: Repeal of Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARVIN ALTON HYATT, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II
Amendment #: 155. Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section # 36, Part II
Amendment #: 155. Subject Matter: Retail Sales Tax.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. R. LINWOOD ALTMAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155 Subject Matter: Sales Tax Discount.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. THOMAS C. ALEXANDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II.
Amendment #: 155 Subject Matter: Vendor Discount on Sales and Use Tax
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARION P. CARNELL
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II. Subject Matter: Sales Tax.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. JOHN C. RAMA
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 36, Part II. Subject Matter: Sales Tax Discount.
Amendment #: 155.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DICK ELLIOTT
The Ways and Means Committee proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\BR1\2272.AC), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 37, by adding before subsection A:
/The following are declared to be the findings of the General Assembly:
Whereas, the General Assembly recognizes that Savannah Valley Authority has successfully provided economic development services for the Savannah River Basin; and
Whereas, the General Assembly finds that improvement to local environmental, transportation, recreational, and communications infrastructure results in improved local economy; and
Whereas, it is the further intent of the General Assembly that a project of the Authority benefit the economy of the political subdivision and region within which the project is located; and
Whereas, it is the intent of the General Assembly that unallocated project proceeds may be invested in local infrastructure when local legislative representation and the Authority agree it is appropriate to do so; and
Whereas, in recognition of the Authority's contributions to the overall economy of the Basin and the fact that activities of the Authority could also serve as a benefit to the entire citizenry of the Basin; and
Whereas, the General Assembly finds that in order for the Authority to offer competitive services to the business community that the Authority be empowered to exercise such responsibilities independent of certain procedural requirements of other agencies of state government; and
Whereas, it is the further intent of the General Assembly that the Authority be authorized to receive and accept surplus property of the State wherever such surplus property may be located; and
Whereas, it is the intent of the General Assembly that the Authority be empowered to exercise its responsibilities on a Basin-wide basis and that the name of the Authority be so amended to reflect same. Now, therefore,/.
Amend further, Part II, Section 37, subsection D, by inserting before /acquire/ on page 805, line 14, in the right column /notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procedures and regulations,/ and by inserting after /authority/ on page 805, line 17, in the right column /including/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Reps. KIRSH and McABEE proposed the following Amendment No. 106 (Doc Name L:\council\legis\amend\BR1\2311.AC), which was adopted.
Amend the bill, as and if amended, Part II, Section 37, subsection A, by deleting Section 13-9-200 in its entirety.
Amend further, Part II, Section 37, subsection D, by deleting Section 13-9-30(e) and inserting:
/(e) notwithstanding any provision of law or regulation to the contrary, and in accordance with its own procurement procedures or regulations as approved by the Budget and Control Board, acquire, purchase, hold, use, improve, manage, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority, including as security for notes, bonds, evidences of indebtedness, or other obligations of the authority. In exercising the powers authorized in this chapter the authority is exempt from Title 11, Chapter 35. The authority has no power to pledge the credit and the taxing power of the State or any of its political subdivisions;/.
Amend further, Part II, Section 37, subsection E, by deleting Section 13-9-30(p) and inserting:
/(p) employ and dismiss, at the will and pleasure of the authority, those employees, consultants, and other providers of services as the authority considers necessary and to fix and to pay their employees' compensation pursuant to Section 8-11-260, and the authority is not subject to Sections 8-11-10, 8-11-20, 8-11-40, 8-11-41, 8-11-110, 8-11-145, 8-11-155, 8-11-160, and 8-11-165, Articles 9 and 11, Chapter 11 of Title 8, Article 5, Chapter 17 of Title 8, and Chapter 35 of Title 11, but consultants and other providers of services are subject to the authority's procurement procedures or regulations as approved by the Budget and Control Board./
Amend further, Part II, Section 37, subsection H, Section 13-9-140, by deleting the first sentence, page 807, lines 16-19, left column and inserting: /All funds of the authority must be invested by the State Treasurer and, upon approval and designation by the State Treasurer of a financial institution or institutions, all funds must be deposited in the institutions by the board in accordance with policies and guidelines formulated by the board./
Renumber sections to conform.
Amend totals and title to conform.
Section 37 as amended was adopted.
Rep. BAKER raised the Point of Order that Part A, Section 38, Lines 18-26 was out of order as it was not germane under Rule 5.3 in that it dealt with the 1993-94 school year.
The SPEAKER stated that he could not separate it.
Rep. BAKER stated, citing a precedent from March 16, 1987, that Rep. Gentry had inquired on whether the Speaker could rule a portion of a section of the Appropriation Bill non germane and the Speaker replied in the affirmative.
The SPEAKER stated that in the precedent he could not do the line, but he could do the subsection. He further stated that it was a section, but it was a proviso in Section 8 which was separately numbered and he struck the entire proviso. He further stated that Rep. Toal attempted to strike certain lines out of Section 8.8 and he said she could not do that and Rep. Gentry's question was whether he could strike a subsection. He further stated that this did not fit the same factual category and that you could not subdivide a paragraph, but you could subdivide a paragraph out of the section. He further stated that this was one entire provision which was not divided like that and he overruled the Point of Order.
Rep. BAKER moved to adjourn debate upon the section.
Rep. BOAN moved to table the motion, which was agreed to by a division vote of 58 to 40.
Rep. BAKER raised the Point of Order that Part A, Section 38, Lines 18-26, was out of order as it was not germane. He further stated, citing a precedent from March 19, 1980, that Section 130, Subsection 3 was not germane in an Appropriation Bill.
The SPEAKER stated that he had raised that Point of Order because he thought the subsection was not germane and that this was different and he overruled the Point of Order.
Reps. CLYBORNE, KEEGAN, VAUGHN, JASKWHICH, WILKINS, FAIR, M.O. ALEXANDER, CATO, HASKINS, MANLY, BARBER, BAKER, MATTOS and ANDERSON proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\BBM\9785.HC), which was rejected.
Amend the bill, as and if amended, in PART II, Permanent Provisions, page 807, by striking Section 38 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CLYBORNE explained the amendment.
Rep. KLAPMAN moved to reconsider the vote whereby Section 36 was adopted and the motion was noted.
Rep. HASKINS spoke in favor of the amendment.
Rep. McTEER spoke against the amendment.
Rep. BAKER spoke in favor of the amendment.
Rep. LITTLEJOHN spoke against the amendment.
Rep. FARR moved immediate cloture on the section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baxley Bennett Boan Brown, G. Burch, K. Delleney Elliott, D. Elliott, L. Farr Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Jennings Kennedy Marchbanks Martin, L. McCraw McElveen McLeod McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Sharpe Sheheen Smith Stoddard Tucker White Wilder Williams, J.
Those who voted in the negative are:
Altman Anderson Bailey, G. Bailey, J. Baker Barber Beasley Beatty Brown, H. Brown, J. Bruce Byrd Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Council Cromer Fair Felder Foster Fulmer Gonzales Hallman Harris, P. Harrison Haskins Holt Huff Hyatt Inabinett Jaskwhich Kempe Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McGinnis Meacham Quinn Rama Riser Scott Shirley Shissias Snow Stone Sturkie Taylor Townsend Vaughn Waites Wells Whipper Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, immediate cloture was rejected.
Rep. McTEER spoke against the amendment.
The SPEAKER granted Rep. HUFF a leave of absence.
Rep. McTEER continued speaking.
Reps. CORBETT and M. MARTIN spoke in favor of the amendment.
Rep. FARR moved immediate cloture on the entire matter.
Rep. WILKINS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Reps. WHIPPER, WILKINS and SCOTT spoke in favor of the amendment.
Rep. HARRELSON spoke against the amendment.
Rep. L. MARTIN moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baxley Beatty Burch, K. Delleney Elliott, L. Gentry Glover Harris, J. Harwell Hodges Houck Kennedy Keyserling Kinon Koon Marchbanks Martin, L. McCraw McLeod Phillips Rogers Rudnick Sheheen Sturkie
Those who voted in the negative are:
Altman Anderson Bailey, G. Bailey, J. Baker Barber Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Elliott, D. Farr Felder Foster Fulmer Hallman Harris, P. Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kirsh Klapman Lanford Littlejohn Martin, D. Martin, M. Mattos McGinnis McKay McTeer Meacham Nettles Quinn Rama Rhoad Riser Scott Shirley Smith Stoddard Taylor Townsend Tucker Vaughn Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
So, immediate cloture was rejected.
Rep. HARRELSON continued speaking.
Rep. J. BAILEY spoke in favor of the amendment.
Rep. McLEOD moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Carnell Chamblee Cobb-Hunter Council Delleney Elliott, L. Farr Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Jennings Kennedy Kinon Koon Lanford Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Riser Rogers Rudnick Shirley Smith Stoddard Stone Sturkie Townsend Tucker Waldrop White Wilder Williams, D. Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Beatty Brown, J. Byrd Cato Clyborne Cooper Corbett Cork Corning Elliott, D. Fair Felder Foster Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Kirsh Klapman Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Rhoad Ross Scott Sharpe Sheheen Shissias Taylor Vaughn Waites Wells Whipper Wilkes Wilkins Wright Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Beatty Brown, J. Byrd Cato Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Fair Felder Foster Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Kirsh Klapman Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Ross Scott Shissias Taylor Vaughn Waites Wells Whipper Wilkes Wilkins Wright Young, R.
Those who voted in the negative are:
Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Carnell Chamblee Cobb-Hunter Council Delleney Elliott, L. Farr Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Jennings Kennedy Kinon Koon Lanford Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Rogers Rudnick Sheheen Shirley Smith Stoddard Stone Sturkie Townsend Tucker Waldrop White Wilder Williams, D. Williams, J. Wofford Young, A.
So, the amendment was rejected.
Rep. HASKINS moved to table the section.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Beatty Brown, J. Bruce Cato Clyborne Cooper Corbett Cork Cromer Elliott, D. Fair Felder Foster Fulmer Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Kirsh Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Ross Scott Shissias Taylor Vaughn Waites Wells Whipper Wilkes Wilkins Wright Young, R.
Those who voted in the negative are:
Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Council Delleney Elliott, L. Farr Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Jennings Kennedy Kinon Klapman Koon Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Riser Rogers Rudnick Sheheen Shirley Smith Snow Stoddard Stone Sturkie Townsend Tucker Waldrop White Wilder Williams, D. Williams, J. Wofford Young, A.
So, the House refused to table the section.
Rep. BAKER spoke against the section.
Rep. QUINN moved that when the House adjourns it adjourn to meet at 11:00 A.M., Tuesday, March 17, which was agreed to.
Rep. BAXLEY moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Bailey, J. Baker Baxley Beasley Beatty Brown, G. Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Cork Corning Council Elliott, D. Fair Felder Hallman Haskins Inabinett Jaskwhich Jennings Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McGinnis Rama Rhoad Riser Ross Scott Sharpe Sturkie Taylor Townsend Tucker Vaughn Waldrop Wells Wilkes Williams, D. Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Barber Bennett Boan Burch, K. Carnell Cobb-Hunter Cromer Delleney Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Hyatt Kempe Kennedy Keyserling Kinon Kirsh Klapman Martin, D. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Nettles Phillips Quinn Rogers Rudnick Sheheen Shirley Shissias Smith Snow Stoddard Stone Waites Whipper White Wilder Wilkins Young, A.
So, the House refused to adjourn.
Rep. BAKER continued speaking.
Rep. HOLT moved that the House recede for 10 minutes, which was rejected by a division vote of 15 to 73.
Rep. BAKER continued speaking.
Rep. P. HARRIS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow in Statewide Session.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson Bailey, G. Bailey, J. Barber Bennett Boan Brown, H. Brown, J. Burch, K. Carnell Cobb-Hunter Cork Council Cromer Elliott, D. Farr Felder Gentry Glover Harris, J. Harris, P. Harwell Haskins Hodges Hyatt Inabinett Kempe Kennedy Keyserling Kinon Klapman Koon Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Nettles Phillips Rhoad Riser Rogers Scott Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Waites Waldrop Whipper White Wilder Wilkins Williams, D. Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Beasley Beatty Brown, G. Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Corning Delleney Elliott, L. Fair Foster Fulmer Hallman Harrelson Harrison Holt Houck Jaskwhich Jennings Kirsh Lanford Littlejohn Manly Marchbanks Martin, L. McGinnis Quinn Rama Ross Rudnick Sharpe Tucker Vaughn Wells Wilkes Williams, J. Wofford Young, R.
So, the motion was agreed to.
Rep. LANFORD moved that the House do now adjourn.
Rep. QUINN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baker Brown, G. Brown, H. Brown, J. Bruce Cato Chamblee Cooper Corning Council Holt Inabinett Klapman Koon Lanford Littlejohn Marchbanks McGinnis McKay Nettles Rama Rhoad Riser Tucker Vaughn Waldrop Williams, D. Williams, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Bennett Boan Burch, K. Byrd Carnell Cobb-Hunter Corbett Cork Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Houck Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McLeod McTeer Meacham Phillips Quinn Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Waites Wells Whipper White Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. BAXLEY moved that when the House adjourns it adjourn to meet at 12:00 Noon, on Monday, March 16.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Beasley Beatty Brown, G. Bruce Byrd Cato Chamblee Cooper Corning Fair Harrison Inabinett Jennings Lanford Littlejohn Manly Marchbanks Martin, L. McGinnis Quinn Riser Sharpe Stone Tucker Vaughn Wells Wilder Wilkes Williams, D. Williams, J. Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, G. Bailey, J. Barber Bennett Boan Brown, H. Brown, J. Burch, K. Carnell Cobb-Hunter Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Haskins Hodges Holt Houck Hyatt Jaskwhich Kempe Kennedy Keyserling Kinon Kirsh Klapman Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Nettles Phillips Rama Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Shissias Smith Snow Stoddard Taylor Townsend Waites Waldrop Whipper White Wilkins Wofford Young, A.
So, the motion was rejected.
Rep. BAKER continued speaking.
Rep. WILKINS moved that the House recede for 10 minutes, which was adopted.
At 6:05 P.M. the House resumed, the SPEAKER in the Chair.
Rep. FELDER was recognized and then relinquished the floor.
Rep. HASKINS moved to table the section.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Anderson Bailey, J. Baker Barber Beatty Bruce Cato Clyborne Cooper Corbett Cork Cromer Elliott, D. Fair Felder Foster Fulmer Glover Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Kirsh Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Ross Scott Sharpe Taylor Vaughn Wells Whipper Wilkins Wright Young, R.
Those who voted in the negative are:
Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Carnell Chamblee Cobb-Hunter Corning Council Delleney Elliott, L. Farr Gentry Harrelson Harris, J. Harris, P. Harwell Hodges Houck Jennings Kennedy Kinon Klapman Koon Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Riser Rogers Rudnick Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Tucker Waites White Wilder Williams, J. Wofford Young, A.
So, the House refused to table the section.
Rep. BAXLEY moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Bruce Cooper Corning Elliott, L. Koon Lanford Littlejohn Manly Marchbanks Martin, L. McGinnis Rhoad Wells
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cork Council Cromer Delleney Elliott, D. Fair Farr Felder Foster Fulmer Gentry Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Houck Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Nettles Phillips Quinn Rama Riser Rogers Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Vaughn Waites White Wilder Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Rep KOON moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
The SPEAKER granted Rep. HENDRICKS a leave of absence.
Rep. HOLT spoke against the section.
Rep. McTEER moved to table the section, which was agreed to.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 38, Part 2. Subject Matter: Fringe Benefits to School Districts through Budget.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DENNY W. NEILSON
Rep. SMITH raised the Point of Order that Section 39 was out of order as it was not germane.
Rep. McABEE stated that there were two sections in Aid to Subdivisions and that one deals with the salary supplements to the Sheriff's office and the other in the Aid to Subdivisions is the reimbursements that go to counties, part of which is used for that duplication. He further stated that this was put back in as a result of an omission under the Special Purpose District Act where they struck this section by error. He further stated that these two sections would make it germane because they provide for the expenditure of funds for the Sheriff's departments and their operations.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Reps. TOWNSEND, KEEGAN, FULMER, R. YOUNG, D. WILLIAMS, FARR, HALLMAN and SHIRLEY proposed the following Amendment No. 159 (Doc Name L:\council\legis\amend\JIC\6315.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 808, by striking SECTION 40 and inserting:
TO AMEND SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, AND 12-27-1290 OF THE 1976 CODE, RELATING TO THE THREE CENTS GASOLINE AND OTHER MOTOR FUELS TAX TO FUND THE STRATEGIC HIGHWAY PLAN, SO AS TO PROVIDE THAT THE SPECIAL GAS TAX MUST BE DEPOSITED IN THE STATE HIGHWAYS AND PUBLIC TRANSPORTATION FUND AND TO REPEAL SECTIONS 12-27-1260, 12-27-1280, AND 12-27-1300, RELATING TO THE CREATION OF THE SHIMS FUND, THE CRITERIA FOR ESTABLISHING SHIMS PROJECT PRIORITIES, AND THE SELECT OVERSITE COMMITTEE.
A. Section 12-27-1210 of the 1976 Code is amended to read:
"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240, every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two three cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation deposited into the State Highways and Public Transportation Fund. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
B. Section 12-27-1220 of the 1976 Code is amended to read:
"Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county, shall pay an additional tax of two three cents a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the strategic highway plan for improving mobility and safety deposited into the State Highways and Public Transportation Fund. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
C. Section 12-27-1230 of the 1976 Code is amended to read:
"Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of two three cents a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this Title. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the State Highways and Public Transportation fund. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section."
D. Section 12-27-1240 of the 1976 Code is amended to read:
"Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to two three cents a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department deposited into the State Highways and Public Transportation fund. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section."
E. Section 12-27-1290 of the 1976 Code is amended to read:
"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund State Highways and Public Transportation Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease."
F. Upon the effective date of this section, the commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the commission shall prepare a written report that details all such projects, including the approximate location of the project and the estimated cost of completing such projects. The commission shall continue all such projects which have been previously approved pursuant to the Strategic Highway Plan for Improving Safety and Mobility.
G. Sections 12-27-1260, 12-27-1280, and 12-27-1300 of the 1976 Code are repealed.
H. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 159 was out of order as it imposed a new general tax and under 11-11-440, this would have to be in separate legislation.
Rep. TOWNSEND argued contra the Point in stating that it was the same wording as the law was right now and it was striking it from the SHIMS account to go to the general highway fund.
Rep. McTEER stated the amendment may mean to do that, but the effect of it was to repeal the SHIMS Act and impose a new separate 3 cents tax on gasoline and that new tax is not allowed under the Code Section.
The SPEAKER stated that the net effect of the Amendment was not to increase the tax, but to change which fund the existing tax was paid into.
Rep. McTEER stated that it abolished one tax and created another.
The SPEAKER stated that the Amendment struck the SHIMS tax and increased another section which was a general tax and would not be in compliance with 11-11-440, which states that you cannot have a general tax increase or a new general tax in the Appropriation Bill which affects more than 50 percent of the population and he sustained the Point of Order and ruled the Amendment out of order.
Section 40 was adopted.
Rep. TOWNSEND proposed the following Amendment No. 194 (Doc Name L:\council\legis\amend\DKA\4500.AL), which was tabled.
Amend the bill, as and if amended, PART II, page 808, by striking SECTION 41 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND raised the Point of Order that Section 41 was out of order as it was not germane in that it did not relate to money in Part I of the Bill.
The SPEAKER stated that it did relate to revenue in the Bill and he overruled the Point of Order.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 62 to 13.
Rep. CLYBORNE proposed the following Amendment No. 231 (Doc Name L:\council\legis\amend\JIC\6317.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 41, page 808, right column, by striking subsection B on line 42 and inserting:
/B. The funds withdrawn from the SHIMS fund referenced in Sections 9.5, 119, and 128 of Part I of this act are considered a loan from the SHIMS fund to the general fund of the State and it is the intent of the General Assembly to provide for the repayment of the amount of the loan.
C. This section takes effect July 1, 1992./
Amend further, page 808 SECTION 41, right column, by inserting before the period on line 26 /AND TO PROVIDE THAT FUNDS TRANSFERRED FROM THE SHIMS FUND TO THE GENERAL FUND OF THE STATE ARE CONSIDERED A LOAN TO THE GENERAL FUND WHICH THE GENERAL ASSEMBLY INTENDS TO REPAY./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CLYBORNE explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 231 was out of order as it was not germane as there were no funds in Part I that could be utilized to repay the loan and therefore, you would be dealing with something that the next General Assembly would have to deal with.
The SPEAKER stated that it did affect future Appropriation Bills, but not this one.
Rep. BEASLEY stated that the Amendment interpreted how that money shall be expended, not only during appropriations but on a lended basis.
Rep. CLYBORNE argued contra the Point.
Rep. HASKINS stated, citing Rule 5.3, that an Amendment must affect revenue, rules, regulations, directives and procedures relative thereto and that the Amendment was a directive and a procedure relative to funds that are being taken from the SHIMS account and put into this year's budget.
The SPEAKER stated that the part of Rule 5.3 that he cited was the provisos in Part I and further in the Rule it applied to Part II.
Rep. HASKINS stated that it related directly to an appropriation being made this year and revenue provided this year in Part I.
The SPEAKER stated that it was trying to direct what to do in future Appropriation Bills and you cannot do that and he sustained the Point of Order and ruled the Amendment out of order.
Section 41 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 44 was adopted.
The SPEAKER granted Rep. J. BROWN a leave of absence.
Rep. BOAN proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\436\12224.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 8-11-135 OF THE 1976 CODE, RELATING TO AUTHORITY OF A STATE AGENCY TO PAY CERTAIN EMPLOYEE MOVING EXPENSES, SO AS TO DELETE THE REQUIREMENT THAT THE PAYMENT AMOUNT MUST BE APPROVED BY THE STATE BUDGET AND CONTROL BOARD AND TO REQUIRE THE STATE AUDITOR IN THE REGULAR AGENCY AUDIT TO DETERMINE COMPLIANCE WITH THE APPLICABLE REQUIREMENTS FOR SUCH PAYMENTS.
A. Section 8-11-135 of the 1976 Code is amended by deleting item (e) which reads:
"(e) The amount certified by the agency is approved by the Budget and Control Board."
B. Section 8-11-135 of the 1976 Code is amended by adding at the end:
"The State Auditor, in the regular agency audit, shall determine the agency's compliance with the requirements of this section for payments for moving expenses."
C. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Reps. G. BROWN and BAXLEY proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\JIC\6258.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-96-85 SO AS TO IMPOSE AN ADDITIONAL TIPPING FEE OF FIVE DOLLARS A TON ON SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN THIS STATE AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE OF THIS ADDITIONAL FEE.
A. Article 1, Chapter 96, Title 44 of the 1976 Code is amended by adding:
"Section 44-96-85. In addition to all other fees provided in this chapter, including the fees imposed pursuant to Section 44-96-80(L), there is imposed a fee of five dollars a ton on all solid waste generated out of state and disposed of in this State. Of each six dollar fee collected, one dollar must be deposited to the credit of the Solid Waste Management Trust Fund and four dollars must be remitted to the host county."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BROWN explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\BBM\9788.AC), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered Section to read:
TO PROVIDE THAT THE UNIVERSITY OF SOUTH CAROLINA MAY NOT EXPEND ANY TUITION FUNDS TO PURCHASE, CONSTRUCT, OR RENOVATE ADMINISTRATIVE BUILDINGS OR OFFICES.
A. Notwithstanding any other provision of law, no student tuition funds may be expended by the University of South Carolina for the purchase, construction, or renovation of administrative buildings or offices.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 47 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. KOON continued speaking.
Rep. PHILLIPS moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 26.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriatoon Bill, 1992-93.
Section #: Part II. Subject Matter:
Amendment #: 47 (adding sec). Subject Matter: USC.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
Rep. KOON proposed the following Amendment No. 53 (Doc Name L:\council\legis\amend\BBM\9789.AC), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT NO STATE AGENCY MAY SPEND OVER ONE MILLION DOLLARS AND NO SCHOOL DISTRICT MAY SPEND MORE THAN TEN MILLION DOLLARS IN ONE YEAR TO PURCHASE, CONSTRUCT, OR RENOVATE A BUILDING.
A. Notwithstanding any other provision of law, no state agency may expend more than one million dollars to purchase, construct, or renovate a building without obtaining approval from the Joint Bond Review Committee; and no school district may expend more than ten million dollars in one year to purchase, construct, or renovate buildings without obtaining approval of the Joint Bond Review Committee.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. L. MARTIN raised the Point of Order that Amendment No. 53 was out of order as it was directed more at bond authority as it relates to the Joint Bond Review Committee and it affected the local jurisdiction school district in a way that the Appropriation Bill should not.
Rep. KOON argued contra the Point.
The SPEAKER stated that it did not relate to revenue in Part I of the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. HALLMAN moved that the House do now adjourn.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Corning Elliott, L. Hallman Jennings Lanford Marchbanks Martin, L. Rhoad Taylor Vaughn Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Cato Chamblee Clyborne Cobb-Hunter Cooper Corbett Cork Council Cromer Delleney Fair Farr Felder Foster Fulmer Gentry Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Kempe Kennedy Keyserling Kinon Kirsh Klapman Littlejohn Manly Martin, M. Mattos McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Tucker Waites Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Rep. LANFORD moved that when the House adjourns it adjourn to meet at 2:00 P.M. on Monday, March 16.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Baxley Beasley Brown, G. Bruce Chamblee Cooper Corbett Corning Fair Fulmer Hallman Harrison Jennings Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McGinnis Quinn Rama Taylor Tucker Vaughn Wells Wilkes Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bennett Boan Brown, H. Burch, K. Carnell Cato Clyborne Cobb-Hunter Cork Council Cromer Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Holt Houck Hyatt Jaskwhich Kempe Kennedy Keyserling Kinon Kirsh Klapman Martin, D. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Nettles Phillips Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Townsend Waites Whipper White Wilder Wilkins Williams, J. Wofford Wright Young, A.
So, the motion was rejected.
The SPEAKER granted Rep. ANDERSON a leave of absence.
Rep. TOWNSEND proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\JIC\6262.HC), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-1035 SO AS TO IMPOSE AN ADDITIONAL TAX OF ONE-THIRD OF ONE CENT AN OUNCE ON BEER.
A. Article 7, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-1035. In addition to the license taxes imposed on beer pursuant to Sections 12-21-1020 and 12-21-1030, there is imposed an additional license tax on beer equal to one-third of a cent an ounce or fraction of an ounce. This additional license tax must be paid and collected in the same manner as the taxes imposed pursuant to Sections 12-21-1020 and 12-21-1030 are paid and collected."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 60 was out of order as it was not germane.
Rep. TOWNSEND argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. CLYBORNE, J. BAILEY, WRIGHT and HOLT proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\JIC\6224.HC), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTY-WIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT A MAJORITY OF THE REPRESENTATIVES AND SENATORS REPRESENTING THE COUNTY MUST APPROVE ALL EXPENDITURES, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR TEMPORARY REALLOCATIONS TO COUNTIES RECEIVING LESS THAN SEVENTY-FIVE PERCENT OF THEIR "C" FUNDS ALLOCATIONS UNDER THE FORMER ALLOCATION FORMULA.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(A) Revenues collected by the commission pursuant to Section 12-27-240 must be deposited with the State Treasurer and allocated to counties in a manner that returns to each county the revenues from the tax collected in the county. The commission shall require the reporting of gasoline taxes in a manner allowing it to make an accurate allocation and it shall report quarterly to each county treasurer on the amounts collected in and available to the county.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects, in furtherance of a county-wide transportation plan adopted by the governing body of the county and by the governing body of all municipalities within a county that maintains streets and roads. Counties may join in approving a regional transportation plan, and the funds allocated to counties included in the regional plan must be expended in furtherance of the regional plan.
(C) A majority of the legislative delegation members, including a majority of the senators and a majority of members of the House of Representatives representing the county in which the expenditures are to be made must approve the expenditures.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) The county-wide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation."
B. Notwithstanding the "C" funds allocation formula provided in Section 12-27-400 of the 1976 Code, as amended in subsection A of this section, all "C" funds allocated for projects not yet contracted for on the effective date of this section must be reallocated to counties whose "C" fund allocations for fiscal year 1992-93 are less than seventy-five percent of their allocations under the distribution formula effective in fiscal year 1991-92. This reallocation must be made so as to increase the fiscal year 1992-93 allocations to these counties to at least eighty percent of their fiscal year 1991-92 allocation. Any excess must be carried forward to succeeding fiscal years and reallocated to these counties in a similar manner until all "C" funds reallocated pursuant to this subsection are exhausted. Thereafter, allocations must be made as provided pursuant to Section 12-27-400 of the 1976 Code.
C. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Rep. CLYBORNE explained the amendment.
Rep. HASKINS was recognized.
Rep. HODGES raised the Point of Order that Amendment No. 66 was out of order as it was not germane.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. HASKINS spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Carnell Chamblee Cobb-Hunter Council Delleney Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Houck Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sheheen Shirley Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Beatty Bruce Byrd Cato Clyborne Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Fulmer Hallman Harrison Harwell Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Rogers Scott Sharpe Shissias Smith Taylor Vaughn Wells Whipper Wilkins Wright Young, R.
So, the amendment was tabled.
Rep. KENNEDY proposed the following Amendment No. 95 (Doc Name L:\council\legis\amend\JIC\6294.HC), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 57-5-1140 SO AS TO PROVIDE FOR INSTALLATION OF RESIDENTIAL RIGHTS-OF-WAY ENTRANCES AND APRONS TO STATE HIGHWAYS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
A. The 1976 Code is amended by adding:
"Section 57-5-1140. The department shall construct at its expense with its maintenance forces the portion within the right-of-way of entrances and aprons to state highways at any point necessary to render adequate ingress and egress to the abutting property at locations where the driveways will not constitute hazardous conditions. The driveways must be of access to existing developed property or property that is being developed for the personal use of the owner and not for speculative or resale purposes. An entrance ten feet wide (paved portion) measured at right angles to the centerline of the driveway is the maximum width for one-way traffic. An entrance sixteen feet wide (paved portion) is the maximum width for two-way traffic. If pipe culvert is necessary for drainage, the department shall install the amount necessary for twelve inch, fifteen inch, eighteen inch, twenty-four inch, or thirty inch pipe. Should the driveway installation require pipe larger than thirty inches, the department may install the pipe and charge the homeowner for the difference in cost between thirty inch pipe and larger diameter pipe required. Driveways requiring drainage structures other than pipe must be brought to the attention of the State Maintenance Engineer. The entrances to be constructed as outlined in this section shall include base and surfacing as necessary to provide an all weather driveway entrance. If wider entrances or additional entrances are requested and approved, the construction may be performed by the department at the owner's expense."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Rep. KENNEDY explained the amendment.
Rep. McGINNIS raised the Point of Order that Amendment No. 95 was out of order as it was not germane.
The SPEAKER stated that it related to the expenditure of funds on page 721 of the Bill, item number 3, highway maintenance and that it was a directive on how to spend those funds and he overruled the Point of Order.
The amendment was then adopted by a division vote of 63 to 33.
The SPEAKER granted Rep. BEATTY a leave of absence.
Rep. CLYBORNE proposed the following Amendment No. 107 (Doc Name L:\council\legis\amend\JIC\6272.HC), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT EIGHTY PERCENT OF "C" FUND REVENUES MUST BE RETURNED TO THE COUNTY IN WHICH THE TAX WAS COLLECTED AND TO PROVIDE THAT ALL "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTY-WIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT A MAJORITY OF THE REPRESENTATIVES AND SENATORS REPRESENTING THE COUNTY MUST APPROVE ALL EXPENDITURES, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR TEMPORARY REALLOCATIONS TO COUNTIES RECEIVING LESS THAN SEVENTY-FIVE PERCENT OF THEIR "C" FUNDS ALLOCATIONS UNDER THE FORMER ALLOCATION FORMULA.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(A) (1) Eighty percent of revenues collected by the commission pursuant to Section 12-27-240 must be deposited with the State Treasurer and allocated to counties in a manner that returns to each county the revenues from the tax collected in the county. The commission shall require the reporting of gasoline taxes in a manner allowing it to make an accurate allocation and it shall report quarterly to each county treasurer on the amounts collected in and available to the county.
(2) Twenty percent of revenues collected by the commission pursuant to Section 12-27-240 must be apportioned among counties as follows:
(a) one-third in the ratio which the land area of the county bears to the total land area of the state;
(b) one-third in the ratio which the population of the county bears to the total population of the State according to the most recent United States Census; and
(c) one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown in the most current official records of the Department of Highways and Public Transportation.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects, in furtherance of a county-wide transportation plan adopted by the governing body of the county and by the governing body of all municipalities within a county that maintains streets and roads. Counties may join in approving a regional transportation plan, and the funds allocated to counties included in the regional plan must be expended in furtherance of the regional plan.
(C) A majority of the legislative delegation members, including a majority of the senators and a majority of members of the House of Representatives representing the county in which the expenditures are to be made must approve the expenditures.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) The county-wide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation."
B. Notwithstanding the "C" funds allocation formula provided in Section 12-27-400 of the 1976 Code, as amended in subsection A of this section, all "C" funds allocated for projects not yet contracted for on the effective date of this section must be reallocated to counties whose "C" fund allocations for fiscal year 1992-93 are less than seventy-five percent of their allocations under the distribution formula effective in fiscal year 1991-92. This reallocation must be made so as to increase the fiscal year 1992-93 allocations to these counties to at least eighty percent of their fiscal year 1991-92 allocation. Any excess must be carried forward to succeeding fiscal years and reallocated to these counties in a similar manner until all "C" funds reallocated pursuant to this subsection are exhausted. Thereafter, allocations must be made as provided pursuant to Section 12-27-400 of the 1976 Code.
C. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Rep. CLYBORNE explained the amendment.
Reps. FELDER and L. ELLIOTT spoke against the amendment.
Rep. WRIGHT spoke in favor of the amendment.
Reps. FARR and G. BAILEY spoke against the amendment.
Reps. J. BAILEY and BAKER spoke in favor of the amendment.
Rep. L. MARTIN moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Carnell Cobb-Hunter Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Jennings Kennedy Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Rogers Scott Sharpe Shissias Sturkie Taylor Vaughn Wells Whipper Wilkins Wright Young, R.
So, the amendment was tabled.
Rep. H. BROWN moved to reconsider the vote whereby Amendment No. 66 was tabled.
Rep. BOAN moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Burch, K. Carnell Cobb-Hunter Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Houck Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J. Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Brown, H. Bruce Byrd Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Fair Fulmer Gonzales Hallman Harrison Harwell Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Rogers Scott Shissias Sturkie Taylor Vaughn Wells Whipper Wilkins Wofford Wright Young, R.
So, the motion to reconsider was tabled.
Rep. BRUCE proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\jic\6267.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO VEHICLE INSPECTION.
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BRUCE explained the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 109 was out of order as it was not germane.
Rep. BRUCE argued contra the Point in stating that it was germane as it was similar to Amendment No. 118 which was still pending in Part I and it related to line 16 and line 25 on page 722 of the Bill and line 24 on page 728 of the Bill which directly appropriated 1.1 million dollars to operate the vehicle inspection.
The SPEAKER overruled the Point of Order.
Rep. BRUCE continued speaking.
Rep. SHIRLEY spoke against the amendment and moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Barber Bennett Boan Burch, K. Byrd Cobb-Hunter Cork Council Delleney Elliott, D. Fair Felder Gentry Glover Harrelson Harris, J. Harris, P. Hodges Inabinett Jennings Kempe Kennedy Keyserling Klapman Manly Martin, D. Mattos McElveen McTeer Neilson Ross Rudnick Scott Sheheen Shirley Shissias Stoddard Stone Taylor Townsend Tucker Waites Whipper White Wilkes Young, R.
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Brown, G. Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corning Cromer Elliott, L. Farr Foster Fulmer Gonzales Hallman Harrison Harwell Haskins Holt Houck Hyatt Jaskwhich Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McCraw McGinnis McKay McLeod Meacham Nettles Phillips Quinn Rama Rhoad Riser Sharpe Smith Snow Sturkie Vaughn Waldrop Wells Wilder Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. RUDNICK spoke against the amendment.
Rep. McLEOD spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. BRUCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Baxley Boan Brown, G. Brown, H. Bruce Carnell Cato Chamblee Cooper Corning Cromer Delleney Elliott, L. Farr Felder Foster Fulmer Gonzales Hallman Harrelson Harrison Haskins Hodges Houck Hyatt Jaskwhich Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCraw McElveen McGinnis McKay McLeod Meacham Nettles Phillips Quinn Rama Rhoad Riser Scott Sharpe Sheheen Smith Snow Sturkie Vaughn Waldrop Wells Wilder Wilkes Wofford Wright Young, A.
Those who voted in the negative are:
Altman Barber Beasley Bennett Burch, K. Byrd Cobb-Hunter Corbett Cork Council Elliott, D. Fair Gentry Glover Harris, J. Harris, P. Harwell Inabinett Jennings Kempe Kennedy Keyserling Klapman Manly Martin, D. Mattos McTeer Neilson Ross Rudnick Shirley Shissias Stone Taylor Tucker Waites Whipper White Wilkins Williams, J.
So, the amendment was adopted.
The SPEAKER granted Rep. STODDARD a temporary leave of absence.
Rep. FAIR moved that when the House adjourns, it adjourn to meet at 12:00 Noon Tuesday.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Bruce Chamblee Cooper Corning Fair Harrison Koon Lanford Littlejohn Marchbanks Martin, L. McGinnis Rama Riser Sturkie Townsend Vaughn Wells Wilkes Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Barber Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Byrd Carnell Cato Cobb-Hunter Corbett Cork Council Cromer Delleney Elliott, L. Farr Felder Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Hodges Houck Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Rhoad Rogers Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Taylor Tucker Waites Waldrop Whipper White Wilder Wilkins Wofford Wright Young, A.
So, the motion was rejected.
Reps. FELDER, TAYLOR, SHIRLEY, D. MARTIN, TUCKER, QUINN, COBB-HUNTER, CROMER, KLAPMAN, HARVIN, CANTEY, SHISSIAS, RISER, McLEOD and SCOTT proposed the following Amendment No. 113 (Doc Name L:\council\legis\amend\CYY\18934.SD), which was adopted.
Amend the bill, as and if amended, in Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-725 SO AS TO PROVIDE THAT ANY PERSON CONVICTED OF, PLEADING GUILTY OR NOLO CONTENDERE TO, OR POSTING BOND FOR A TRAFFIC VIOLATION FOR WHICH POINTS ARE ASSESSED PURSUANT TO SECTION 56-1-720 MUST PAY AN ADDITIONAL ASSESSMENT OF FIVE DOLLARS NO PORTION OF WHICH MAY BE SUSPENDED AND TO PROVIDE FOR THE USE OF THE REVENUE GENERATED BY THIS PROVISION INCLUDING THE MANNER IN WHICH SUCH REVENUE SHALL BE EXPENDED FOR FISCAL YEAR 1992-93.
(A) The 1976 Code is amended by adding:
"Section 56-1-725. Any person convicted of, pleading guilty or nolo contendere to, or posting bond for a traffic violation for which points are assessed pursuant to Section 56-1-720 must pay an additional assessment of five dollars no portion of which may be suspended. This assessment is not considered part of any fine imposed for the offense."
(B) The revenue generated by the provisions of Section 56-1-725 must be deposited in the general fund of the State and used in the manner the General Assembly shall provide, except that for fiscal year 1992-93 such revenue or so much thereof as may be necessary shall be used to fund the increase in state support for circuit solicitors above that provided for fiscal year 1991-92 as contained in Part I, Section 10A of the 1992-93 General Appropriations Act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Reps. BAXLEY and KEYSERLING proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\JIC\6280.HC), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A DEDUCTION FOR THE WHOLESALE VALUE OF AGRICULTURAL PRODUCE WHICH A FARMER ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING IF HIS DONATION OF PRODUCE QUALIFIES FOR THE CIVIL LIABILITY EXEMPTION FOR DONATED FOOD PROVIDED BY CHAPTER 74 OF TITLE 15 OF THE 1976 CODE, TO REQUIRE THE DONOR TO REPORT FARM INCOME OR LOSS ON HIS FEDERAL INCOME TAX RETURN, AND TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE PROCEDURES TO DETERMINE THE WHOLESALE VALUE OF THE DONATED PRODUCE.
A. Section 12-7-435 of the 1976 Code, as last amended by Part II, Section 3 of Act 171 of 1991, is further amended by adding an appropriately lettered item to read:
"( ) The wholesale value of produce which a farmer allows a nonprofit or charitable organization to remove from his land after commercial harvesting if his donation qualifies for the exemption from civil liability provided food donors pursuant to Chapter 74 of Title 15 and if the donor reports farm income or loss on schedule F filed with his federal income tax return for the taxable year for which he claims the deduction allowed by this item. The commission shall prescribe procedures to determine the wholesale value of the donated produce."
B. This section is effective for taxable years beginning after 1991./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Boan Brown, H. Corning Council Foster Harrison Kirsh Klapman Mattos McElveen McGinnis Sheheen Wells Wilkes Williams, J. Wofford
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baker Baxley Beasley Bennett Brown, G. Burch, K. Byrd Cato Chamblee Clyborne Corbett Cork Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harwell Haskins Houck Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Koon Lanford Manly Marchbanks Martin, L. Martin, M. McCraw McKay McLeod Meacham Neilson Nettles Phillips Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Shirley Shissias Smith Sturkie Taylor Tucker Vaughn Waites Whipper White Wright Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. HOUCK and McLEOD proposed the following Amendment No. 132 (Doc Name L:\council\legis\amend\BR1\2285.AC), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-6-170, AS AMENDED, OF THE 1976 CODE, RELATING TO HOSPITAL DATA REPORTING, SO AS TO REQUIRE REPORTING OF PROFIT LOSS DATA.
A. Section 44-6-170 of the 1976 Code, as last amended by Act 105 OF 1991, is further amended by adding a new subsection appropriately lettered to read:
"( ) Hospitals licensed in South Carolina required report to the State Budget and Control Board, Division of Research and Statistical Services pursuant to this section also shall report annually to the division a comprehensive, cumulative profit and loss statement sufficient to identify profits and losses by type and origin, how profits are invested, at what rate of return, how they are expended, and how any losses are recovered. The format of this information must be established by the Health and Human Services Finance Commission and must be uniform for all hospitals."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOUCK explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 132 was out of order as it was not germane in that it did not relate to a line item expenditure in Part I.
Rep. HOUCK argued contra the Point in stating that it did relate to the profit and loss and medicaid spending.
The SPEAKER stated that it did not relate to a line item in Part I. He further stated that in order for it to be in compliance with Rule 5.3 it had to relate to an item of revenue which is appropriated in the front part of the Bill or you cannot put it in Part II.
Rep. HOUCK continued to argue contra the Point.
Rep. McELVEEN argued that it would be relevant to Hospital Services under Section 38A.
The SPEAKER stated that it would not be relevant because all it did was to report hospital profit and loss statements and it did not say how the money was spent.
Rep. HOUCK stated that it did say how it was spent.
The SPEAKER stated that it was their expenditures and not state expenditures and he sustained the Point of Order and ruled the Amendment out of order.
Rep. HASKINS moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Clyborne Fair Gentry Gonzales Haskins Koon Lanford Marchbanks Martin, L. Nettles Rama Rhoad Ross Sharpe Stone Sturkie Vaughn Waldrop Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Glover Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Phillips Quinn Riser Rogers Rudnick Scott Sheheen Shirley Shissias Smith Snow Taylor Townsend Tucker Waites Whipper White Wilkes Wilkins Williams, J. Wofford Wright Young, A.
So, the House refused to adjourn.
Reps. FELDER, TOWNSEND, WILDER, SCOTT, A. YOUNG, P. HARRIS, SHIRLEY, WRIGHT, RAMA, COUNCIL, HASKINS, McABEE, CARNELL, R. YOUNG and G. BAILEY proposed the following Amendment No. 149 (Doc Name L:\council\legis\amend\CYY\18936.SD), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES, SO AS TO PLACE A CAP OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ON THE AMOUNT OF FUNDS RECEIVED BY BARNWELL COUNTY FROM SURCHARGES AND PENALTY SURCHARGES FROM LOW-LEVEL RADIOACTIVE WASTE DISPOSAL PER FISCAL YEAR; TO AMEND SECTION 48-47-30, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY"; TO AMEND SECTION 48-48-30, RELATING TO MANAGEMENT OF RADIOACTIVE WASTE, SO AS TO INCREASE THE AMOUNT OF WASTE WHICH MAY BE DISPOSED AT THE REGIONAL FACILITY IN BARNWELL COUNTY TO TWELVE MILLION CUBIC FEET AND PROVIDE FOR THE AMOUNT OF WASTE THE FACILITY MAY ACCEPT FOR THE PERIOD JANUARY 1, 1993, TO JANUARY 1, 1996; AND TO AMEND SECTION 48-48-80, RELATING TO CESSATION OF SERVICE AT THE REGIONAL DISPOSAL FACILITY AT BARNWELL, SO AS TO PROVIDE THAT THIS FACILITY SHALL CEASE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGIONAL COMPACT ON JANUARY 1, 1996, AND TO FURTHER PROVIDE FOR THE PERIOD DURING WHICH WASTE FROM OUTSIDE THE STATE MAY BE ACCEPTED FOR DISPOSAL AT THE FACILITY.
A. Section 13-7-30(7)(e) of the 1976 Code is amended to read:
"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law shall must be deposited in the general fund of the State to the Division of Local Government of the Budget and Control Board to be used in accordance with Part I, Section 14L of the 1992-93 General Appropriations Act or as otherwise provided by law."
B. Section 48-47-30 10. of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond after December 31, 1992, January 1, 1996."
C. Section 48-48-30(A) of the 1976 Code is amended to read:
"(A) The regional disposal facility located in Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter. For the period beginning January 1, 1993, and ending January 1, 1996, the regional disposal facility located in Barnwell may accept not more than one million, two hundred thousand cubic feet of waste a calendar year."
D. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact on January 1, 1996. Further operation of the facility beyond January 1, 1993 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 149 was out of order as it did not relate to a line item in Part I.
Rep. FELDER argued contra the Point in stating that on page 3, subsection E of the Amendment it referred to Part I, Section 14L, which is a line item.
The SPEAKER stated that under the rulings that he had issued previously that the money would have to have already been added in Part I to that line.
Rep. FELDER argued that there was money that had already been spent in that line and this would increase it.
The SPEAKER stated that this did not relate to any of that money that is in that line.
Rep. FELDER stated that it directed how that money would be spent.
The SPEAKER stated that it directed how the money that would be generated from the Amendment would be allocated to that line.
Rep. FELDER argued that a previous amendment had been found germane and it increased the money.
The SPEAKER stated that all the amendments had been germane if they had already added the money on the front.
Rep. McABEE argued that under the revenue section that these were additional funds to the section.
The SPEAKER stated that he had to treat everyone the same and if the money had not been added in, then it was not germane.
Rep. McABEE stated that this was different in that there were some funds that were attributed to the Barnwell facility in Part I of the Bill.
The SPEAKER stated that none of the monies that are raised by this are in the Bill or have anything to do with it and that this created new dollars and the new dollars have not been put in Part I.
Rep. McABEE argued that the funds derived from the first six months of the Barnwell operation are in the Bill and that the Amendment related directly to the extension.
The SPEAKER inquired if any of the money in the Local Government Division that comes out of the Barnwell fee now is from the first six months.
Rep. FELDER stated that it did not.
The SPEAKER inquired if this directed how the first six months money was going to be spent.
Rep. FELDER stated that it simply said where the next six months would go.
The SPEAKER stated that there was no money in the Local Government Division for fees from the low level nuclear waste site now.
Rep. L. MARTIN stated that as far as the first six months go, that there was a change in the amount of money that Barnwell County gets.
Rep. FELDER stated that it was increasing the fee on the first amount of money that comes in.
The SPEAKER stated that this addressed what happens after December 31 and it did not address what happens before that because that other money was already in the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. McABEE moved to adjourn debate upon Part II.
Rep. GENTRY moved to table the motion to adjourn debate.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Boan Brown, G. Brown, J. Burch, K. Byrd Chamblee Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Quinn Rogers Ross Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Beasley Bennett Brown, H. Bruce Carnell Cato Clyborne Cooper Corbett Corning Council Fair Felder Harris, P. Harrison Haskins Holt Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis Meacham Rama Rhoad Riser Rudnick Sharpe Shissias Smith Snow Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wilkins Wofford Wright Young, R.
So, the motion to adjourn debate was tabled.
Reps. JASKWHICH and MEACHAM proposed the following Amendment No. 156 (Doc Name L:\council\legis\amend\BR1\2295.AC), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND TITLE 58 OF THE 1976 CODE, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.
Whereas, the General Assembly finds essential the preservation of railroad rights-of-way to assure the availability of these corridors for potential future railroad revitalization and public transportation needs; and
Whereas, preservation of railroad rights-of-way and easements for present and future transportation uses and interim compatible public uses are vital to the growth and prosperity of South Carolina and serve the public purpose. Now, therefore,
A. Title 58 of the 1976 Code is amended by adding:
Section 58-20-10. The Division of Transportation of the Governor's Office of Executive Policy and Programs is designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use. This authority includes, but is not limited to, the power to apply for or receive state, federal, or other funds for rail corridor preservation and revitalization programs but does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning use or preservation of available railroad rights-of-way or from applying or receiving funds for rail corridor preservation and revitalization programs.
Section 58-20-20. As used in this chapter, 'division' means the Division of Transportation of the Governor's Office of Executive Policy and Programs.
Section 58-20-30. The division shall develop nd submit a state railroad corridor preservation and revitalization plan to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee.
Section 58-20-40. In developing the state railroad corridor preservation and revitalization plan, the division shall:
(1) take into consideration the interests of the South Carolina Public Railways Commission, the South Carolina department of Highways and Public Transportation, the Department of parks, Recreation and Tourism, the Coordinating Council for Economic Development, the Public Service Commission, and other concerned agencies, departments, and commissions, affected counties, cities, and towns, and regional transportation authorities;
(b) review the rail preservation and revitalization activities within the State and in adjoining states and consider coordinating with other entities for plan and route development with special attention to be given to statewide and interstate route networks;
(c) examine the potential for revitalization transportation uses and evaluate existing and former railroad rights-of-way or easements to determine their suitability for trail or other compatible interim public uses including, but not limited to, recreational walking and running and recreational and commuting bicycling;
(d) receive and consider a proposal or recommendation for a project submitted by a public or private entity or an individual.
Section 58-20-50. The division, or another agency or entity to which the division has leased or transferred title to a rail corridor for preservation for future use and for interim public use, by permit may authorize use of the corridor for other temporary public purposes compatible with the interim public use and preservation of the corridor for future rail use. If a permit is issued for temporary public use that damages or adversely affects the interim public use or preservation of the corridor for future rail use, the damages or adverse effects must be fully mitigated. A fee may be assessed for issuing a temporary public use permit.
Section 58-20-60. A railroad right-of-way that is held for railroad right-of-way preservation or that is the subject of a railroad right-of-way preservation agreement must be considered held for railroad use and may not be considered abandoned for the purpose of any law. A right-of-way preservation agreement may provide for an interim public use of a right-of-way in a manner compatible with maintaining the right-of-way for other future rail purposes.
Section 58-20-70. The division may use or distribute state, federal, or other funds at its disposal to appropriate private or public entities for the purpose of rail corridor preservation and revitalization programs or other interim compatible uses consistent with this chapter. These funds may be used for, but are not limited to, purchasing rights-of-way or easements or for constructing facilities associated with interim public uses.
Section 58-20-80. Notwithstanding any provision of law to the contrary, the division has a preferential right to acquire railroad rights-of-way and easements proposed for abandonment for purposes of preservation for present and future transportation uses and interim compatible public uses consistent with this chapter. This right applies to all property located in this State that was acquired for the purpose of operating a railroad on the property and for which authorization has been sought from the Interstate Commerce Commission for abandonment of the line. A property owner of a railroad right-of-way must notify in writing the division at the time it files for authorization from the Interstate Commerce Commission for abandonment of a line in this State. No property owner may dispose of the property without having first obtained a release of the preferential right from the division.
Section 58-20-90. Within two hundred eighty days after providing the property owner with the notice of intent to exercise this right, the division must notify the property owner in writing that the preferential right is being exercised or provide the property owner with a release of this right. Within sixty days of notification that the right is being exercised, an agreement must be reached in writing with the property owner or a condemnation action initiated.
Section 58-20-100. The division may acquire by purchase, gift, condemnation, or other method property that is part of a railroad line including a railroad right-of-way or easement or other property needed to carry out the purposes of this chapter. In purchasing property if an offer is not accepted by the seller, the division may condemn the property and the condemnation procedures in Chapter 2, Title 28 apply.
Section 58-20-110. The division shall submit an annual report to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee concerning its railroad preservation and revitalization activities and progress thereto, including, but not limited to, implementation of and any revisions to the state railroad corridor preservation and revitalization plan required by this chapter."
B. The state railroad corridor preservation and revitalization plan required by Section 58-20-30, as contained in subsection A of this section, must be submitted by the division to the House Education and Public Works Committee and the Senate Transportation Committee by July 1, 1993.
C. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 156 was out of order as it was not germane.
Rep. MEACHAM argued the Point, citing line 22, 5c under Federal Programs and Grants.
The SPEAKER stated that it had to relate to the expenditure of money in that line item and he sustained the Point of Order and ruled the Amendment out of order.
Rep. ANDERSON proposed the following Amendment No. 160 (Doc Name L:\council\legis\amend\JIC\6293.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO PROVIDE THAT UNALLOCATED REVENUES DERIVED FROM THE REGIONAL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY IN BARNWELL COUNTY AFTER DECEMBER 31, 1992, MUST BE REMITTED TO THE STATE DEPARTMENT OF EDUCATION AND USED TO PURCHASE SCHOOL BUSES.
Contingent upon the Regional Low-Level Waste Disposal Facility in Barnwell County remaining open after December 31, 1992, funds whether denoted as fees, access charges, assessments, surcharges, or penalty surcharges and not otherwise allocated by law, must be remitted to the State Department of Education and used to purchase school buses.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 160 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
The SPEAKER granted Rep. R. YOUNG a temporary leave of absence.
Rep. CORNING proposed the following Amendment No. 163 (Doc Name L:\council\legis\amend\BBM\9802.JM), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF MOTOR VEHICLES AND CERTAIN OTHER ITEMS AS REFLECTED IN SECTION 128-001, PAGE 737, LINE 02, RETAIL SALES TAX, 1992-93 GENERAL APPROPRIATION BILL, SO AS TO PROVIDE THAT A TAX RATE OF THREE AND FOUR-TENTHS PERCENT SHALL BE IMPOSED ON THE SALE OR LEASE OF MOTOR VEHICLES AND MOTORCYCLES, WITH A TOTAL TAX NOT TO EXCEED FIFTEEN HUNDRED DOLLARS, AND PROVIDE FOR A MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN OTHER ITEMS, INCLUDING ALL COMMERCIAL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT RATING IN EXCESS OF TEN THOUSAND POUNDS.
Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, PART II, Act 612 of 1990, is amended to read:
"(A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
Notwithstanding the rates of tax imposed by this chapter, a rate of three and four-tenths percent is imposed on the sale or lease of motor vehicles and motorcycles with a total tax not to exceed fifteen hundred dollars, and there is imposed a tax of five percent on each sale or lease of the first six thousand dollars, with total tax not to exceed three hundred dollars, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) boat;
(3) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(4) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;
(5) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or
(6) all commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.
For items (1) through (6) of this subsection, in the case of a lease the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CORNING explained the amendment.
Rep. G. BAILEY moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, H. Brown, J. Bruce Burch, K. Byrd Cato Chamblee Cooper Corbett Council Cromer Delleney Elliott, D. Elliott, L. Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Hyatt Inabinett Jennings Kempe Kennedy Kinon Kirsh Koon Lanford Martin, D. Mattos McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Quinn Rama Rhoad Riser Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Sturkie Taylor Townsend Tucker Vaughn Waldrop Wells Whipper Wilder Wilkins Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Cobb-Hunter Cork Corning Fair Haskins Jaskwhich Keyserling Littlejohn Manly Marchbanks Martin, L. Ross Rudnick Stoddard White Wilkes
So, the amendment was tabled.
Reps. KOON and STURKIE proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\N05\8198.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO ALLOW SCHOOL DISTRICTS TO IMPOSE AN ANNUAL IMPACT FEE NOT TO EXCEED THREE HUNDRED DOLLARS ON ALL MOBILE HOMES IN THE DISTRICT AND TO PROVIDE THAT REVENUE FROM THE FEES MAY BE USED ONLY FOR SCHOOL BUILDING CONSTRUCTION AND RENOVATION.
A. The jurisdiction having authority to levy school taxes for a school district may impose an annual impact fee not to exceed three hundred dollars on mobile homes in the school district. The fee must be paid and collected in the same manner that personal property taxes are collected on mobile homes. Revenues from this impact fee may be used only for school buildings construction or renovation.
B. This section takes effect July 1, 1992./
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Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 204 was out of order as it was not germane.
The SPEAKER stated that it dealt with school districts and not anything in the budget and he sustained the Point of Order and ruled the Amendment out of order.
Reps. KOON and STURKIE proposed the following Amendment No. 205 (Doc Name L:\council\legis\amend\N05\8199.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO ALLOW SCHOOL DISTRICTS TO IMPOSE AN IMPACT FEE NOT TO EXCEED FIVE HUNDRED DOLLARS ON ALL MOBILE HOMES MOVED INTO THE DISTRICT AND TO PROVIDE THAT REVENUE FROM THE FEES MAY BE USED ONLY FOR SCHOOL BUILDING CONSTRUCTION AND RENOVATION.
A. The jurisdiction having authority to levy school taxes for a school district may impose a one-time impact fee not to exceed five hundred dollars on mobile homes moved into the school district. The fee must be paid and collected in the same manner that personal property taxes are collected on mobile homes. Revenues from this impact fee may be used only for school building construction or renovation.
B. This section takes effect July 1, 1992./
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Amend totals and title to conform.
Rep. WHITE raised the Point of Order that Amendment No. 205 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. STURKIE proposed the following Amendment No. 236 (Doc Name L:\council\legis\amend\BR1\2325.AC), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO PROVIDE THAT NO MORE THAN TWO CHILDREN MAY BE INCLUDED IN THE SIZE OF A FAMILY FOR THE PURPOSE OF DETERMINING THE AMOUNT OF AID TO FAMILIES WITH DEPENDENT CHILDREN THAT A FAMILY MAY RECEIVE; TO PROVIDE THAT THE MOTHER IN A FAMILY THAT CHOOSES TO RECEIVE AFDC BENEFITS ALSO MUST CHOOSE TO HAVE A SURGICALLY IMPLANTED BIRTH CONTROL DEVICE AND THAT A WOMAN RECEIVING AN IMPLANT IS ELIGIBLE FOR MEDICAID FOR THIS PROCEDURE; AND TO PROVIDE THAT THESE REQUIREMENTS DO NOT APPLY TO FAMILIES CURRENTLY RECEIVING BENEFITS.
A. Notwithstanding any other provision of law relating to eligibility for or benefits under Aid to Families with Dependent Children (AFDC), in a family eligible for AFDC, no more than two children may be included in the family size for the purpose of determining the amount of AFDC the family receives.
B. Notwithstanding any other provision of law related to Aid to Families with Dependent Children (AFDC), if a family with two or more children chooses to apply for or continue receiving AFDC, the mother also must choose to have a birth control device surgically implanted. Notwithstanding any other provision of law relating to Medicaid eligibility, any woman who has a birth control device surgically implanted pursuant to this subsection is eligible for Medicaid for this procedure.
C. This section is not applicable to families receiving Aid to Families with Dependent Children on this section's effective date. However, it does apply to a family if the family becomes ineligible and then is eligible subsequently.
D. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. STURKIE explained the amendment.
Rep. SCOTT moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Barber Beasley Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cobb-Hunter Cooper Corbett Cork Council Cromer Elliott, D. Elliott, L. Fair Felder Foster Gentry Glover Gonzales Harrelson Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McGinnis McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Shirley Shissias Snow Stoddard Taylor Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Baker Baxley Brown, H. Bruce Burch, K. Cato Clyborne Cole Delleney Fulmer Hallman Harris, J. Harrison Jaskwhich Klapman Koon Lanford Littlejohn Marchbanks McKay Meacham Quinn Rama Riser Stone Sturkie Townsend Vaughn Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. INABINETT proposed the following Amendment No. 240 (Doc Name L:\council\legis\amend\JIC\6323.HC), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 56-3-130 OF THE 1976 CODE, RELATING TO THE EXEMPTION FROM LICENSING AND REGISTRATION OF CERTAIN BOAT TRAILERS, FARM TRAILERS, AND OTHER UTILITY TRAILERS, SO AS TO REQUIRE SUCH TRAILERS TO BE LICENSED AND REGISTERED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR AN ANNUAL FEE OF FIVE DOLLARS, TO PROVIDE THAT SUCH TRAILERS ARE NOT REQUIRED TO BE TITLED FOR TRAILERS ARE NOT REQUIRED TO BE TITLED FOR PURPOSES OF OBTAINING THIS REGISTRATION, AND TO PROVIDE THAT THE REVENUE FROM THESE REGISTRATION FEES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED FOR NURSING HOME SERVICES.
A. Section 56-3-130 of the 1976 Code is amended to read:
"Section 56-3-130. Boat trailers under twenty-five hundred pounds, farm trailers, and other utility trailers which are privately owned and not for hire need not must be licensed or registered for an annual fee of five dollars, notwithstanding the provisions of Section 56-3-700. A trailer does not have to be titled to be licensed or registered pursuant to this section. The revenues of the fee imposed by this section must be credited to the general fund of the State and used for nursing home services."
B. This section takes effect July 1, 1992."/
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Rep. INABINETT explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 240 was out of order as it was not germane in that it did not relate to an appropriation in Part I.
Rep. INABINETT argued contra the Point in stating that it referred to page 438, line 33, nursing homes.
The SPEAKER stated that none of this money was in that line now and that this was an additional tax that was imposed and he sustained the Point of Order and ruled the Amendment out of order.
Rep. KOON proposed the following Amendment No. 249 (Doc Name L:\council\legis\amend\BBM\9817.BD), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered Section to read:
TO PROVIDE THAT PUBLIC INSTITUTIONS OF HIGHER EDUCATION MAY NOT EXPEND TUITION FUNDS TO PURCHASE, CONSTRUCT, OR RENOVATE ADMINISTRATIVE BUILDINGS OR OFFICES.
A. Notwithstanding other provisions of law, no student tuition funds may be expended by public institutions of higher education for the purchase, construction, or renovation of administrative buildings or offices.
B. This section takes effect July 1, 1992./
Renumber sections to conform.
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Rep. KOON explained the amendment.
Rep. McTEER moved to table the amendment, which was agreed to.
Reps. TOWNSEND, FULMER, HALLMAN, FARR, R. YOUNG, BAKER, INABINETT, WOFFORD, STURKIE, D. MARTIN, HASKINS, WRIGHT, FAIR, QUINN, KEEGAN, WHIPPER, J. BAILEY and CATO proposed the following Amendment No. 251 (Doc Name L:\council\legis\amend\BBM\9819.SD), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, AND 12-27-1290 OF THE 1976 CODE, RELATING TO THE THREE CENTS GASOLINE AND OTHER MOTOR FUELS TAX TO FUND THE STRATEGIC HIGHWAY PLAN, SO AS TO PROVIDE THAT THE SPECIAL GAS TAX MUST BE USED TO PROVIDE STATE FUNDS, TO BE APPROPRIATED AND EXPENDED IN THE MANNER PROVIDED IN PART I, SECTION 124 OF THE 1992-93 GENERAL APPROPRIATIONS ACT AND THEREAFTER IN THE GENERAL APPROPRIATIONS ACT OF SUBSEQUENT YEARS, TO MATCH FEDERAL FUNDS FOR HIGHWAY PURPOSES, AND TO REPEAL SECTIONS 12-27-1260, 12-27-1280, AND 12-27-1300, RELATING TO THE CREATION OF THE SHIMS FUND, THE CRITERIA FOR ESTABLISHING SHIMS PROJECT PRIORITIES, AND THE SELECT OVERSITE COMMITTEE.
A. Section 12-27-1210 of the 1976 Code is amended to read:
"Section 12-27-1210. In addition to the tax levied by Sections 12-27-230 and 12-27-240, every oil company subject to the tax imposed by those sections shall pay to the State an additional tax in an amount equal to two cents a gallon on all gasoline, combinations of gasolines, or substitutes for gasoline, sold or consigned, used, shipped, or distributed for the purpose of sale within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety as administered by the Department of Highways and Public Transportation used to provide state funds, to be appropriated and expended in the manner provided in Part I, Section 124 of the 1992-93 General Appropriations Act and thereafter in the General Appropriations Act of subsequent years, to match Federal funds for highway purposes. All provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
B. Section 12-27-1220 of the 1976 Code is amended to read:
"Section 12-27-1220. In addition to the tax imposed by Sections 12-27-510 and 12-27-520, every person, firm, corporation, municipality, or county subject to tax imposed by those sections, or any subdivision of a municipality or county, shall pay an additional tax of two cents a gallon for every gallon of gasoline or other like product of petroleum under whatever name designated on which a tax is imposed by Section 12-27-510. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the additional tax levied by this section must be used to fund the provisions of the Strategic Highway Plan for Improving Mobility and Safety used to provide state funds, to be appropriated and expended in the manner provided in Part I, Section 124 of the 1992-93 General Appropriations Act and thereafter in the General Appropriations Act of subsequent years, to match Federal funds for highway purposes. All the provisions of this chapter apply with equal force and effect to the additional tax on gasoline levied by this section."
C. Section 12-27-1230 of the 1976 Code is amended to read:
"Section 12-27-1230. In addition to the tax levied by Section 12-29-310, a tax of two cents a gallon is imposed upon all fuel sold or delivered by any supplier to any person not licensed as a supplier under the provisions of Chapter 29 of this Title. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of the tax levied by this section must be used to fund the strategic Highway Plan for Improving Mobility and Safety Program as administered by the department used to provide state funds, to be appropriated and expended in the manner provided in Part I, Section 124 of the 1992-93 General Appropriations Act and thereafter in the General Appropriations Act of subsequent years, to match Federal funds for highway purposes. All the provisions of Chapter 29 of this title apply with equal force and effect to the additional tax levied by this section."
D. Section 12-27-1240 of the 1976 Code is amended to read:
"Section 12-27-1240. In addition to the road tax levied by Section 12-31-410, an additional road tax equivalent to two cents a gallon is imposed upon the amount of gasoline or other motor fuel used by every motor carrier in its operations within this State. Effective January 1, 1989, the additional tax imposed by this section is increased by one cent a gallon to a total of three cents a gallon. The proceeds of this tax must be used to fund the Strategic Highway Plan for Improving Mobility and Safety Program as administered by the department used to provide state funds, to be appropriated and expended in the manner provided in Part I, Section 124 of the 1992-93 General Appropriations Act and thereafter in the General Appropriations Act of subsequent years, to match Federal funds for highway purposes. All the provisions of Chapter 31 of this title apply with equal force and effect to the additional tax on gasoline levied by this section."
E. Section 12-27-1290 of the 1976 Code is amended to read:
"Section 12-27-1290. The department must review projects on the priority list, as provided in Section 12-27-1280, for the possibility of constructing toll roads to defray the cost of these projects pursuant to the authority granted the department in Section 57-5-1330. No project may be funded by means of imposing a toll on the users of the project unless in conjunction with federal funds authorized for use on toll roads it is determined to be substantially feasible by the department. The funds derived from tolls must be returned to the Strategic Highway Plan for Improving Mobility and Safety Fund State Highways and Public Transportation Fund until the fund is reimbursed. Upon reimbursement, all toll charges shall cease."
F. Upon the effective date of this section, the commission of the department must review all pending construction projects under the Strategic Highway Plan for Improving Safety and Mobility Program, including projects which have been let and projects which are under construction. From this review, the commission shall prepare a written report that details all such projects, including the approximate location of the project and the estimated cost of completing such projects. The commission shall continue all such projects which have been previously approved pursuant to the Strategic Highway Plan for Improving Safety and Mobility.
G. Sections 12-27-1260, 12-27-1280, and 12-27-1300 of the 1976 Code are repealed.
H. This section takes effect July 1, 1992./
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Rep. TOWNSEND explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 38.
Rep. HASKINS proposed the following Amendment No. 252 (Doc Name L:\council\legis\amend\436\12267.DW), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT SEVENTY PERCENT OF "C" FUND REVENUES MUST BE RETURNED TO THE COUNTY IN WHICH THE TAX WAS COLLECTED AND TO PROVIDE THAT ALL "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTY-WIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT A MAJORITY OF THE REPRESENTATIVES AND SENATORS REPRESENTING THE COUNTY MUST APPROVE ALL EXPENDITURES, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR TEMPORARY REALLOCATIONS TO COUNTIES RECEIVING LESS THAN SEVENTY-FIVE PERCENT OF THEIR "C" FUNDS ALLOCATIONS UNDER THE FORMER ALLOCATION FORMULA.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(A) (1) Seventy percent of revenues collected by the commission pursuant to Section 12-27-240 must be deposited with the State Treasurer and allocated to counties in a manner that returns to each county the revenues from the tax collected in the county. The commission shall require the reporting of gasoline taxes in a manner allowing it to make an accurate allocation and it shall report quarterly to each county treasurer on the amounts collected in and available to the county.
(2) Seventy percent of revenues collected by the commission pursuant to Section 12-27-240 must be apportioned among counties as follows:
(a) one-third in the ratio which the land area of the county bears to the total land area of the state;
(b) one-third in the ratio which the population of the county bears to the total population of the State according to the most recent United States Census; and
(c) one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown in the most current official records of the Department of Highways and Public Transportation.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects, in furtherance of a county-wide transportation plan adopted by the governing body of the county and by the governing body of all municipalities within a county that maintains streets and roads. Counties may join in approving a regional transportation plan, and the funds allocated to counties included in the regional plan must be expended in furtherance of the regional plan.
(C) A majority of the legislative delegation members, including a majority of the senators and a majority of members of the House of Representatives representing the county in which the expenditures are to be made must approve the expenditures.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) The county-wide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation."
B. Notwithstanding the "C" funds allocation formula provided in Section 12-27-400 of the 1976 Code, as amended in subsection A of this section, all "C" funds allocated for projects not yet contracted for on the effective date of this section must be reallocated to counties whose "C" fund allocations for fiscal year 1992-93 are less than seventy-five percent of their allocations under the distribution formula effective in fiscal year 1991-92. This reallocation must be made so as to increase the fiscal year 1992-93 allocations to these counties to at least eighty percent of their fiscal year 1991-92 allocation. Any excess must be carried forward to succeeding fiscal years and reallocated to these counties in a similar manner until all "C" funds reallocated pursuant to this subsection are exhausted. Thereafter, allocations must be made as provided pursuant to Section 12-27-400 of the 1976 Code.
C. This section takes effect July 1, 1992./
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Rep. HASKINS explained the amendment and moved to adjourn debate upon the amendment.
Rep. BOAN moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Burch, K. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Council Delleney Elliott, L. Fair Farr Felder Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Hyatt Jaskwhich Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Rhoad Ross Rudnick Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Vaughn Waites Waldrop White Wilder Wilkes Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Barber Bruce Cole Corbett Cork Corning Cromer Elliott, D. Fulmer Gonzales Hallman Harrison Haskins Holt Inabinett Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. McGinnis Quinn Rama Riser Rogers Scott Shissias Sturkie Taylor Wells Whipper Wright Young, R.
So, the amendment was tabled.
Rep. CORNING moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Chamblee Clyborne Cooper Corning Gentry Glover Haskins Inabinett Koon Lanford Marchbanks Martin, L. McKay Nettles Rama Riser Ross Rudnick Sturkie Vaughn Waldrop Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Cato Cobb-Hunter Cole Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Gonzales Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Littlejohn Manly Martin, D. Martin, M. Mattos McCraw McElveen McGinnis McTeer Meacham Neilson Phillips Quinn Rogers Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Taylor Townsend Tucker Waites Wells Whipper White Wilder Wilkes Wilkins Williams, J. Wofford Young, A.
So, the House refused to adjourn.
Reps. FELDER and McABEE proposed the following Amendment No. 255 (Doc Name L:\council\legis\amend\CYY\18929.SD), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered:
TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES, SO AS TO PLACE A CAP OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ON THE AMOUNT OF FUNDS RECEIVED BY BARNWELL COUNTY FROM SURCHARGES AND PENALTY SURCHARGES FROM LOW-LEVEL RADIOACTIVE WASTE DISPOSAL PER FISCAL YEAR AND TO FURTHER PROVIDE FOR THE USE OF THE GENERAL FUND REVENUE GENERATED FROM THESE SURCHARGES AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO EXTEND THE PERIOD DURING WHICH THE BARNWELL FACILITY MAY SERVE AS THE REGIONAL FACILITY; TO AMEND SECTION 48-48-30, RELATING TO THE MANAGEMENT OF RADIOACTIVE WASTE, SO AS TO INCREASE THE AMOUNT OF WASTE WHICH MAY BE DISPOSED AT THE REGIONAL FACILITY IN BARNWELL COUNTY, TO EXTEND THE PERIOD THE FACILITY MAY ACCEPT SUCH WASTE, AND TO REVISE THE CONDITIONS UNDER WHICH THE FACILITY IS AUTHORIZED TO ACCEPT WASTE FROM OUT OF THE REGION; TO AMEND SECTION 48-48-80, RELATING TO THE CESSATION OF SERVICE AT THE REGIONAL DISPOSAL FACILITY AT BARNWELL, SO AS TO PROVIDE THAT THIS FACILITY SHALL CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGIONAL COMPACT UNTIL JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY FORWARD OF UNUSED ANNUAL SITE CAPACITY AT THE FACILITY, SO AS TO REVISE CERTAIN DATES WITH REGARD TO THIS CARRY FORWARD PROVISION AND THE TOTAL AMOUNT OF THE CUBIC FEET OF WASTE WHICH MAY BE DISPOSED OF THROUGH USE OF THIS CARRY FORWARD PROVISION; AND TO PROVIDE CERTAIN MILESTONE DATES IN CONNECTION WITH THE SECOND HOST STATE FACILITY TO BE LOCATED IN NORTH CAROLINA.
(1) Section 13-7-30(7)(e) of the 1976 Code is amended to read:
"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter must be deposited in the general fund of the State, except that for fiscal year 1992-993, 3,000,000 will be used to fund Health and Humans Services Finance Commission, non-recurring Pharmacy Services on page 439, line 8, funds generated from these surcharges and penalty surcharges must be used for the same purposes as were these non-recurring Pharmacy Services 3,000,000."
(2) Section 48-47-30 10. of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
(3) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
(4) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. Further operation of the facility beyond January 1, 1993, this date must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
(5) Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
(6) (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) There is a grace period of sixty days for each milestone in subsection (A). The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. If any milestone is not accomplished before the end of the grace period, payment from a fund established by the commission, and funded by a surcharge imposed on generators of low-level waste within the Southeast Region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina. The sixty-day grace period acknowledges the absence of any contingency in the schedule for uncontrollable events. Other than the sixty-day grace period, no consideration will be granted for any such uncontrollable events./
Amend title to conform.
Rep. ROGERS raised the Point of Order that Amendment No. 255 was out of order as it did not relate to a line item appropriation in Part I of the Bill.
The SPEAKER stated that it had been changed in that it went to page 439, line 8 and puts 3 million dollars in.
Rep. FELDER argued that it was germane.
The SPEAKER stated it earmarked 3 million dollars to go to that line item and that it did not increase that line item and that it was germane and he overruled the Point of Order.
Rep. FELDER explained the amendment.
Rep. WILDER spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
Reps. RHOAD, WILDER, WILKES, HASKINS and BRUCE spoke in favor of the amendment.
Reps. G. BAILEY, CARNELL, STONE and HARRELSON spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Baxley Beasley Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Keyserling Kinon Kirsh Manly Martin, M. Mattos McCraw McElveen McLeod McTeer Neilson Nettles Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Taylor Tucker Waites Waldrop Whipper White Wilkins Williams, J.
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Corning Council Fair Felder Fulmer Harrelson Harris, P. Harrison Haskins Holt Jaskwhich Kennedy Klapman Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. McAbee McGinnis McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Snow Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Reps. KEYSERLING, BAXLEY, MANLY, HARWELL, KEMPE and SHEHEEN spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Reps. HARWELL, FOSTER and CORK spoke against the amendment.
Rep. CORK moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Beasley Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Gonzales Hallman Harris, J. Harwell Hodges Houck Hyatt Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Neilson Nettles Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Tucker Waites Waldrop Whipper White Wilkins Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Bennett Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Corning Council Fair Felder Fulmer Harrelson Harris, P. Harrison Haskins Holt Huff Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Townsend Vaughn Wells Wilder Wilkes Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. CARNELL moved that when the House adjourns it adjourn to meet at 11:00 A.M. Friday.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Harris, P. Klapman McAbee
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Byrd Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sheheen Shirley Shissias Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Wells Wilkins Williams, J. Wofford Young, A.
So, the motion was rejected.
Rep. CORNING moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Brown, J. Byrd Carnell Cato Chamblee Cooper Corning Council Fair Farr Gentry Glover Hallman Harris, P. Inabinett Koon Marchbanks Martin, L. McAbee McKay Nettles Rama Riser Ross Scott Stoddard Stone Sturkie Taylor Vaughn Waites Waldrop Wells Whipper White Wilkes Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Bruce Burch, K. Clyborne Cobb-Hunter Cole Cork Cromer Delleney Elliott, D. Elliott, L. Felder Foster Fulmer Gonzales Harrelson Harris, J. Harrison Harwell Hodges Holt Houck Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Martin, M. Mattos McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Phillips Quinn Rhoad Rogers Rudnick Sheheen Shirley Shissias Smith Snow Townsend Tucker Wilkins Williams, J. Wofford
So, the House refused to adjourn.
Reps. HOUCK and McLEOD proposed the following Amendment No. 266 (Doc Name L:\council\legis\amend\BBM\9821.SD), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-6-170, AS AMENDED, OF THE 1976 CODE, RELATING TO HOSPITAL DATA REPORTING, SO AS TO REQUIRE REPORTING OF PROFIT LOSS DATA, TO REQUIRE A REPORTING FEE TO BE PAID TO BE DEPOSITED IN THE GENERAL FUND OF THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED BY THIS FEE SHALL BE EXPENDED INCLUDING THE MANNER IN WHICH IT SHALL BE EXPENDED FOR THE 1992-93 FISCAL YEAR.
A. Section 44-6-170 of the 1976 Code, as last amended by Act 105 of 1991, is further amended by adding a new subsection appropriately lettered to read:
"( ) Hospitals licensed in South Carolina required report to the State Budget and Control Board, Division of Research and Statistical Services pursuant to this section also shall report annually to the division a comprehensive, cumulative profit and loss statement sufficient to identify profits and losses by type and origin, how profits are invested, at what rate of return, how they are expended, and how any losses are recovered. The format of this information must be established by the Health and Human Services Finance Commission and must be uniform for all hospitals.
When annually reporting as required by this subsection, hospitals must also pay a reporting fee of two hundred dollars which must be deposited in the general fund of the State. For fiscal year 1992-93, the revenue generated must be expended for local government purposes as provided on line 24, page 69, Section 8, Part I of the 1992-93 General Appropriations Act."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TUCKER raised the Point of Order that Amendment No. 266 was out of order as it was not germane.
The SPEAKER stated that it created a fee and appropriated new money but it did not add it in the first part of the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. JASKWHICH proposed the following Amendment No. 256 (Doc Name L:\council\legis\amend\BBM\9822.DW).
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND TITLE 58 OF THE 1976 CODE, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.
Whereas, the General Assembly finds essential the preservation of railroad rights-of-way to assure the availability of these corridors for potential future railroad revitalization and public transportation needs; and
Whereas, preservation of railroad rights-of-way and easements for present and future transportation uses and interim compatible public uses are vital to the growth and prosperity of South Carolina and serve the public purpose. Now, therefore,
A. Title 58 of the 1976 Code is amended by adding:
Section 58-20-10. The Governor's Office of Executive Policy and Programs is designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use. This authority includes, but is not limited to, the power to apply for or receive state, federal, or other funds for rail corridor preservation and revitalization programs but does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning use or preservation of available railroad rights-of-way or from applying or receiving funds for rail corridor preservation and revitalization programs.
Section 58-20-20. As used in this chapter, 'division' means the Division of Transportation of the Governor's Office of Executive Policy and Programs.
Section 58-20-30. The division shall develop nd submit a state railroad corridor preservation and revitalization plan to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee.
Section 58-20-40. In developing the state railroad corridor preservation and revitalization plan, the division shall:
(1) take into consideration the interests of the South Carolina Public Railways Commission, the South Carolina department of Highways and Public Transportation, the Department of parks, Recreation and Tourism, the Coordinating Council for Economic Development, the Public Service Commission, and other concerned agencies, departments, and commissions, affected counties, cities, and towns, and regional transportation authorities;
(b) review the rail preservation and revitalization activities within the State and in adjoining states and consider coordinating with other entities for plan and route development with special attention to be given to statewide and interstate route networks;
(c) examine the potential for revitalization transportation uses and evaluate existing and former railroad rights-of-way or easements to determine their suitability for trail or other compatible interim public uses including, but not limited to, recreational walking and running and recreational and commuting bicycling;
(d) receive and consider a proposal or recommendation for a project submitted by a public or private entity or an individual.
Section 58-20-50. The division, or another agency or entity to which the division has leased or transferred title to a rail corridor for preservation for future use and for interim public use, by permit may authorize use of the corridor for other temporary public purposes compatible with the interim public use and preservation of the corridor for future rail use. If a permit is issued for temporary public use that damages or adversely affects the interim public use or preservation of the corridor for future rail use, the damages or adverse effects must be fully mitigated. A fee may be assessed for issuing a temporary public use permit.
Section 58-20-60. A railroad right-of-way that is held for railroad right-of-way preservation or that is the subject of a railroad right-of-way preservation agreement must be considered held for railroad use and may not be considered abandoned for the purpose of any law. A right-of-way preservation agreement may provide for an interim public use of a right-of-way in a manner compatible with maintaining the right-of-way for other future rail purposes.
Section 58-20-70. The division may use or distribute state, federal, or other funds at its disposal to appropriate private or public entities for the purpose of rail corridor preservation and revitalization programs or other interim compatible uses consistent with this chapter. These funds may be used for, but are not limited to, purchasing rights-of-way or easements or for constructing facilities associated with interim public uses.
Section 58-20-80. Notwithstanding any provision of law to the contrary, the division has a preferential right to acquire railroad rights-of-way and easements proposed for abandonment for purposes of preservation for present and future transportation uses and interim compatible public uses consistent with this chapter. This right applies to all property located in this State that was acquired for the purpose of operating a railroad on the property and for which authorization has been sought from the Interstate Commerce Commission for abandonment of the line. A property owner of a railroad right-of-way must notify in writing the division at the time it files for authorization from the Interstate Commerce Commission for abandonment of a line in this State. No property owner may dispose of the property without having first obtained a release of the preferential right from the division.
Section 58-20-90. Within two hundred eighty days after providing the property owner with the notice of intent to exercise this right, the division must notify the property owner in writing that the preferential right is being exercised or provide the property owner with a release of this right. Within sixty days of notification that the right is being exercised, an agreement must be reached in writing with the property owner or a condemnation action initiated.
Section 58-20-100. The division may acquire by purchase, gift, condemnation, or other method property that is part of a railroad line including a railroad right-of-way or easement or other property needed to carry out the purposes of this chapter. In purchasing property if an offer is not accepted by the seller, the division may condemn the property and the condemnation procedures in Chapter 2, Title 28 apply.
Section 58-20-110. The division shall submit an annual report to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee concerning its railroad preservation and revitalization activities and progress thereto, including, but not limited to, implementation of and any revisions to the state railroad corridor preservation and revitalization plan required by this chapter."
B. The state railroad corridor preservation and revitalization plan required by Section 58-20-30, as contained in subsection A of this section, must be submitted by the division to the House Education and Public Works Committee and the Senate Transportation Committee by July 1, 1993.
C. The provisions of this section must be funded in part by an appropriation of one thousand dollars from the amount appropriated for implementing federal programs, line 22, page 59 in Section 5C, Part I (Governor's OFF-Executive Policy and Programs) of this act.
D. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. GONZALES, HOLT, J. BAILEY, FULMER, WOFFORD, R. YOUNG, BARBER and H. BROWN proposed the following Amendment No. 257 (Doc Name L:\council\legis\amend\436\12274.DW), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT NINETY-EIGHT PERCENT OF "C" FUND REVENUES MUST BE RETURNED TO THE COUNTY IN WHICH THE TAX WAS COLLECTED AND TO PROVIDE THAT ALL "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTY-WIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT A MAJORITY OF THE REPRESENTATIVES AND SENATORS REPRESENTING THE COUNTY MUST APPROVE ALL EXPENDITURES, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR TEMPORARY REALLOCATIONS TO COUNTIES RECEIVING LESS THAN SEVENTY-FIVE PERCENT OF THEIR "C" FUNDS ALLOCATIONS UNDER THE FORMER ALLOCATION FORMULA.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(A) (1) Ninety-eight percent of revenues collected by the commission pursuant to Section 12-27-240 must be deposited with the State Treasurer and allocated to counties in a manner that returns to each county the revenues from the tax collected in the county. The commission shall require the reporting of gasoline taxes in a manner allowing it to make an accurate allocation and it shall report quarterly to each county treasurer on the amounts collected in and available to the county.
(2) Two percent of revenues collected by the commission pursuant to Section 12-27-240 must be apportioned among counties as follows:
(a) one-third in the ratio which the land area of the county bears to the total land area of the state;
(b) one-third in the ratio which the population of the county bears to the total population of the State according to the most recent United States Census; and
(c) one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown in the most current official records of the Department of Highways and Public Transportation.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects, in furtherance of a county-wide transportation plan adopted by the governing body of the county and by the governing body of all municipalities within a county that maintains streets and roads. Counties may join in approving a regional transportation plan, and the funds allocated to counties included in the regional plan must be expended in furtherance of the regional plan.
(C) A majority of the legislative delegation members, including a majority of the senators and a majority of members of the House of Representatives representing the county in which the expenditures are to be made must approve the expenditures.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) The county-wide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation."
B. Notwithstanding the "C" funds allocation formula provided in Section 12-27-400 of the 1976 Code, as amended in subsection A of this section, all "C" funds allocated for projects not yet contracted for on the effective date of this section must be reallocated to counties whose "C" fund allocations for fiscal year 1992-93 are less than seventy-five percent of their allocations under the distribution formula effective in fiscal year 1991-92. This reallocation must be made so as to increase the fiscal year 1992-93 allocations to these counties to at least eighty percent of their fiscal year 1991-92 allocation. Any excess must be carried forward to succeeding fiscal years and reallocated to these counties in a similar manner until all "C" funds reallocated pursuant to this subsection are exhausted. Thereafter, allocations must be made as provided pursuant to Section 12-27-400 of the 1976 Code.
C. There is created a Tri-County "C" Fund Pool into which the following counties from the "C" Fund monies they receive shall annually contribute the following amounts:
Charleston County $400,000.00
Dorchester County 20,000.00
Berkeley County 20,000.00.
One-half of the total amount contributed to this "C" Fund Pool must be expended, upon approval of the Dorchester County Legislative Delegation, for roads in the Tri-County area and the remaining one-half of the total amount contributed to this "C" Fund Pool must be expended, upon approval by the Berkeley County Legislative Delegation, for roads in the Tri-County area.
D. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Rep. GONZALES explained the amendment.
Rep. L. ELLIOTT moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Burch, K. Chamblee Cobb-Hunter Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Houck Huff Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. McCraw McElveen McKay McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sharpe Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Baker Barber Brown, H. Brown, J. Bruce Byrd Carnell Cato Clyborne Cole Cooper Corbett Cork Corning Cromer Fair Fulmer Gonzales Hallman Harrison Harwell Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McGinnis Meacham Quinn Rama Riser Rogers Scott Shissias Sturkie Taylor Vaughn Wells Whipper Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Reps. L. MARTIN and WILKES spoke against the amendment.
Rep. GENTRY moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Burch, K. Carnell Cobb-Hunter Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harwell Hodges Houck Huff Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Scott Sheheen Shirley Snow Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Baker Barber Brown, H. Brown, J. Bruce Byrd Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Rogers Sharpe Shissias Smith Stoddard Sturkie Taylor Vaughn Wells Whipper Wilkins Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
Reps. HARRELSON, G. BROWN and SHIRLEY spoke against the amendment.
Rep. McTEER moved to table the amendment.
Rep. HOLT raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. McABEE spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Reps. KIRSH and WHITE spoke against the amendment.
Rep. WHITE moved to table the amendment.
Rep. HOLT raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. GENTRY moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Byrd Gentry Glover Littlejohn Marchbanks Martin, L. Rhoad Ross Rudnick Taylor Waites Waldrop Whipper
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Kempe Kennedy Kinon Kirsh Klapman Koon Lanford Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Riser Rogers Scott Sharpe Sheheen Shirley Shissias Smith Snow Stoddard Stone Sturkie Townsend Tucker Vaughn Wells White Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. WHITE moved that the House recede until 2:45 A.M.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Council Delleney Elliott, D. Elliott, L. Fair Felder Foster Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Marchbanks Martin, L. Martin, M. McAbee McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Quinn Rama Rhoad Riser Ross Rudnick Sharpe Sheheen Shirley Shissias Smith Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to recede until 2:45 A.M.
The SPEAKER granted Rep. FAIR a temporary leave of absence.
Rep. COBB-HUNTER spoke against the amendment.
Rep. D. ELLIOTT spoke in favor of the amendment.
Rep. GENTRY spoke against the amendment.
Rep. GENTRY continued speaking.
Rep. HODGES moved to table the amendment.
Rep. J. BAILEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Burch, K. Carnell Chamblee Clyborne Cobb-Hunter Cooper Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Houck Huff Inabinett Jennings Kennedy Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Ross Rudnick Sharpe Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J.
Those who voted in the negative are:
Bailey, J. Baker Barber Brown, H. Brown, J. Bruce Byrd Cato Cole Corbett Cork Corning Cromer Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Jaskwhich Kempe Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Meacham Quinn Rama Riser Rogers Scott Shissias Sturkie Taylor Vaughn Wells Whipper Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. L. MARTIN moved to rescind Rule 3.9.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Holt Marchbanks Martin, L. Snow Stoddard Taylor Vaughn
Those who voted in the negative are:
Alexander, T.C. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Carnell Cato Chamblee Clyborne Cobb-Hunter Cole Cooper Corbett Cork Corning Council Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Gonzales Hallman Harrelson Harris, J. Harris, P. Harrison Harwell Hodges Houck Huff Hyatt Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Klapman Lanford Littlejohn Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Quinn Rama Rhoad Riser Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Stone Townsend Tucker Waites Waldrop Wells Wilder Wilkes Wilkins Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to rescind Rule 3.9.
Rep. WILDER proposed the following Amendment No. 268 (Doc Name L:\council\legis\amend\N05\8224.BD), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES, SO AS TO PLACE A CAP OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ON THE AMOUNT OF FUNDS RECEIVED BY BARNWELL COUNTY FROM SURCHARGES AND PENALTY SURCHARGES FROM LOW-LEVEL RADIOACTIVE WASTE DISPOSAL PER FISCAL YEAR, AND TO PROVIDE FOR THE MANNER IN WHICH THE REVENUE GENERATED FROM THESE SURCHARGES AND PENALTY SURCHARGES SHALL BE EXPENDED INCLUDING THE 1992-93 FISCAL YEAR; TO AMEND SECTION 48-47-30, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO REVISE THE DEFINITION OF "REGIONAL FACILITY"; TO AMEND SECTION 48-48-30, RELATING TO MANAGEMENT OF RADIOACTIVE WASTE, SO AS TO INCREASE THE AMOUNT OF WASTE WHICH MAY BE DISPOSED AT THE REGIONAL FACILITY IN BARNWELL COUNTY TO TWELVE MILLION CUBIC FEET AND PROVIDE FOR THE AMOUNT OF WASTE THE FACILITY MAY ACCEPT FOR THE PERIOD JANUARY 1, 1993, TO JANUARY 1, 1996; AND TO AMEND SECTION 48-48-80, RELATING TO CESSATION OF SERVICE AT THE REGIONAL DISPOSAL FACILITY AT BARNWELL, SO AS TO PROVIDE THAT THIS FACILITY SHALL CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST COMPACT UNTIL JULY 1, 1993, TO PROVIDE THAT THIS FACILITY SHALL SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST COMPACT FROM JULY 1, 1993, UNTIL JANUARY 1, 1996, UPON CERTAIN CONDITIONS INCLUDING THE ADOPTION OF A GOOD NEIGHBOR POLICY BY THE STATE OF NORTH CAROLINA, TO PROVIDE THAT THE FACILITY AFTER JANUARY 1, 1993, WHEN OPERATING AS ALLOWED BY LAW, SHALL NOT ACCEPT WASTE GENERATED IN A STATE WHICH IS NOT A MEMBER OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT.
A. Section 13-7-30(7)(e) of the 1976 Code is amended to read:
"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of such the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter not otherwise allocated by law shall must be deposited in the general fund of the State except that for fiscal year 1992-93, $8,118,640 must be used to fund State Department of Education special items nonrecurring and to school districts employer contribution on page 363, line 32 of the Annual General Appropriations Bill as introduced by the House Ways and Means Committee, and $8,500,000 must be used to fund State Department of Education special items nonrecurring supplies and materials on page 354, line 24 of the Annual General Appropriations Bill as introduced by the House Ways and Means Committee."
B. Section 48-47-30 10. of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the Commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond after December 31, 1992, January 1, 1996."
C. Section 48-48-30(A) of the 1976 Code is amended to read:
"(A) The regional disposal facility located in Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the facility shall accept no waste from out of the region if receipt of such waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year, except under the provisions of Sections 5 and 6 of P.L. 99-240 or as otherwise provided in this chapter. For the period beginning January 1, 1993, and ending January 1, 1996, the regional disposal facility located in Barnwell may accept not more than one million, two hundred thousand cubic feet of waste a calendar year."
D. Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. (A) Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to serve as the regional disposal facility for the Southeast Regional Compact on July 1, 1993; provided, that the facility shall also serve as the regional disposal facility for the Southeast Regional Compact from July 1, 1993, to January 1, 1996, subject to the conditions contained in subsection (B) of this section. Beginning January 1, 1993, and until January 1, 1996, if the facility is permitted to operate to this date, the disposal facility located at Barnwell shall not accept waste generated in a state which is not a member of the Southeast Interstate Low-Level Radioactive Waste Management Compact. Further operation of the facility beyond January 1, 1993 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall continue to serve as the regional disposal facility for the Southeast Regional Compact from July 1, 1993, until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a regional facility if North Carolina has a site ready to begin receiving the region's waste before January 1, 1996.
(2) North Carolina must establish before July 1, 1993, a good neighbor policy' which precludes the location of any new low-level waste storage or disposal facility within ten miles of a neighboring state."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILDER explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Bennett Boan Brown, G. Burch, K. Byrd Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McGinnis McLeod McTeer Neilson Nettles Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Townsend Tucker Waites Waldrop Wells Whipper White Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Beasley Brown, H. Brown, J. Bruce Carnell Cato Chamblee Clyborne Cole Cooper Corbett Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Holt Huff Jaskwhich Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McKay Meacham Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Vaughn Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. CORNING proposed the following Amendment No. 271 (Doc Name L:\council\legis\amend\436\12277.DW), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered:
TO AMEND SECTION 13-7-30 OF THE 1976 CODE, RELATING TO THE POWERS AND DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES, SO AS TO PLACE A CAP OF TWO MILLION, FIVE HUNDRED THOUSAND DOLLARS ON THE AMOUNT OF FUNDS RECEIVED BY BARNWELL COUNTY FROM SURCHARGES AND PENALTY SURCHARGES FROM LOW-LEVEL RADIOACTIVE WASTE DISPOSAL PER FISCAL YEAR AND TO FURTHER PROVIDE FOR THE USE OF THE GENERAL FUND REVENUE GENERATED FROM THESE SURCHARGES AND PENALTY SURCHARGES; TO AMEND SECTION 48-47-30, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, SO AS TO EXTEND THE PERIOD DURING WHICH THE BARNWELL FACILITY MAY SERVE AS THE REGIONAL FACILITY; TO AMEND SECTION 48-48-30, RELATING TO THE MANAGEMENT OF RADIOACTIVE WASTE, SO AS TO INCREASE THE AMOUNT OF WASTE WHICH MAY BE DISPOSED AT THE REGIONAL FACILITY IN BARNWELL COUNTY, TO EXTEND THE PERIOD THE FACILITY MAY ACCEPT SUCH WASTE, AND TO REVISE THE CONDITIONS UNDER WHICH THE FACILITY IS AUTHORIZED TO ACCEPT WASTE FROM OUT OF THE REGION; TO AMEND SECTION 48-48-80, RELATING TO THE CESSATION OF SERVICE AT THE REGIONAL DISPOSAL FACILITY AT BARNWELL, SO AS TO PROVIDE THAT THIS FACILITY SHALL CONTINUE TO SERVE AS THE REGIONAL DISPOSAL FACILITY FOR THE SOUTHEAST REGIONAL COMPACT UNTIL JANUARY 1, 1996, AND TO PROVIDE FOR THE WASTE WHICH MAY BE ACCEPTED FOR DISPOSAL AT THE FACILITY BETWEEN THE PERIOD JANUARY 1, 1993, AND JANUARY 1, 1996; TO AMEND SECTION 48-48-90, RELATING TO THE CARRY FORWARD OF UNUSED ANNUAL SITE CAPACITY AT THE FACILITY, SO AS TO REVISE CERTAIN DATES WITH REGARD TO THIS CARRY FORWARD PROVISION AND THE TOTAL AMOUNT OF THE CUBIC FEET OF WASTE WHICH MAY BE DISPOSED OF THROUGH USE OF THIS CARRY FORWARD PROVISION; AND TO PROVIDE CERTAIN MILESTONE DATES IN CONNECTION WITH THE SECOND HOST STATE FACILITY TO BE LOCATED IN NORTH CAROLINA.
(1) Section 13-7-30(7)(e) of the 1976 Code is amended to read:
"(e) Of the remaining balance from the surcharge after the allocation provided in subitem (d), together with all penalty surcharges, the Treasurer shall remit ten percent of the balance to the governing body of Barnwell County and all; provided, that in no event shall the Treasurer remit more than two million, five hundred thousand dollars a fiscal year to the governing body of Barnwell County pursuant to this section. All funds thereafter must be deposited in the general fund of the State, except that for fiscal year 1992-93, three million dollars must be used to fund the health and human services finance commission, nonrecurring pharmacy services on page 439, line 8, of Section 38A (Health and Human Services Finance Commission) of the 1992-93 Appropriations Act and $8,500,000 must be used to fund State Department of Education special items nonrecurring supplies and materials on page 354, line 24, of the Annual General Appropriations Bill as introduced by the House Ways and Means Committee."
(2) Section 48-47-30 10. of the 1976 Code is amended to read:
"10. 'Regional facility' means (1) a facility as defined in this article which has been designated, authorized, accepted, or approved by the commission to receive waste or (2) the disposal facility in Barnwell County, South Carolina, owned by the State of South Carolina and as licensed for the burial of low-level radioactive waste on July 1, 1982, but in no event shall this disposal facility serve as a regional facility beyond December 31, 1992 January 1, 1996."
(3) Section 48-48-30 of the 1976 Code is amended to read:
"Section 48-48-30. (A) The regional disposal facility located at Barnwell may accept not more than eight twelve million, four hundred thousand cubic feet of low-level radioactive waste during the seven-year period beginning January 1, 1986, and ending December 31, 1992 January 1, 1996. For the duration of the period beginning January 1, 1986, and ending December 31, 1992, the The facility shall accept no waste from out of the region if receipt of such the waste would result in disposal in excess of one million, two hundred thousand cubic feet of waste for a calendar year except under the provisions of Sections 5 and 6 of P. L. 99-240 or as otherwise provided in this chapter.
(B) If in any calendar year the provisions of Section 5, "Limited Availability of Certain Regional Disposal Facilities During Transition and Licensing Periods", subpart a(3)(B) of P. L. 99-240 are invoked then the facility shall increase the burial limit in that year in increments of ten percent but the increases shall not result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law.
(C) If in any calendar year the provisions of Section 6, "Emergency Access", of P. L. 99-240, are invoked then the facility shall increase the yearly burial limit as required pursuant to certification of the Nuclear Regulatory Commission. Increases in the yearly burial limit under Section 6 of P. L. 99-240 shall not be greater than one hundred twenty percent of the burial rate of the previous year nor shall the increases result in burial in excess of the eight million, four hundred thousand cubic feet through December 31, 1992, except as provided by law."
(4) Section 48-48-80 of the 1976 Code is amended to read:
"Section 48-48-80. Beginning January 1, 1993, the The disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State and to continue to serve as the regional disposal facility for the Southeast Regional Compact until January 1, 1996. From January 1, 1993, until January 1, 1996, the disposal facility located at Barnwell shall not accept waste generated in a state which is not a member of the Southeast Interstate Low-Level Radioactive Waste Management Compact; provided that the facility shall not accept waste generated in the state of North Carolina between the period January 1, 1993, to December 31, 1993, unless the state of North Carolina has met the milestone date required by subsection 6(A)(1) of this section of Part II. After December 31, 1993, and after the state of North Carolina has met the milestone required by subsection 6(A)(1), waste generated in the state of North Carolina may continue to be accepted for disposal at the facility until January 1, 1996, only if the state of North Carolina is in compliance with the additional milestone dates required by subsections 6(A)(2) and 6(A)(3). Further operation of the facility beyond January 1, 1993, January 1, 1996, must be specifically authorized by the General Assembly. Within one year prior to closure, the department shall evaluate the remaining capacity of the site and recommend to the General Assembly the need and use of any remaining disposal capacity of the site. In accordance with Section 13-7-30 of the 1976 Code, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring."
(5) Section 48-48-90 of the 1976 Code is amended to read:
"Section 48-48-90. The site operator may carry forward to any subsequent year unused annual site capacity up to two hundred thousand cubic feet whenever the site does not receive as much as one million, two hundred thousand cubic feet in a calendar year. In no calendar year may this carry-forward be used by the site operator to accept for disposal or storage an amount of waste in excess of one million, four hundred thousand cubic feet by operation of this or any other section. The use of this carry-forward of unused annualized site capacity may not result in disposal or storage of waste in excess of eight twelve million, four hundred thousand cubic feet of waste prior to December 31, 1992 1995.
No carry-forward of site capacity may be used after December 31, 1992 1995."
(6) (A) The following milestone dates are established in connection with the second host state facility to be located in the State of North Carolina:
(1) submit facility license application: December 31, 1993;
(2) issue facility license: March 15, 1995;
(3) begin receiving the Southeast Region's low-level waste: January 1, 1996.
(B) The State of North Carolina shall notify the Southeast Compact Commission on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify.
(C) The Barnwell site shall continue to serve as the regional disposal facility for the Southeast Regional Compact from July 1, 1993, until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a regional facility if North Carolina has a site ready to begin receiving the region's waste before January 1, 1996.
(2) North Carolina must establish before July 1, 1993, a good neighbor policy' which precludes the location of any new low-level waste storage or disposal facility within ten miles of a neighboring state."/
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. WILKES spoke in favor of the amendment.
Reps. HUFF, WILDER and STURKIE spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. ROGERS moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Barber Baxley Bennett Boan Brown, G. Burch, K. Byrd Chamblee Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Harwell Hodges Houck Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Manly Martin, D. Martin, M. Mattos McCraw McElveen McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rogers Ross Rudnick Scott Sheheen Shirley Snow Taylor Townsend Tucker Waites Waldrop Whipper White Williams, J.
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Beasley Brown, H. Brown, J. Bruce Carnell Cato Clyborne Cole Cooper Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harris, P. Harrison Haskins Holt Huff Jaskwhich Klapman Koon Lanford Littlejohn Marchbanks Martin, L. McAbee McGinnis McKay Rama Rhoad Riser Sharpe Shissias Smith Stoddard Stone Sturkie Vaughn Wilder Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. CORNING moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Byrd Chamblee Corning Koon Marchbanks Martin, L. Rhoad Riser Sturkie Vaughn Waites Whipper Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, J. Baker Barber Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch, K. Carnell Cato Clyborne Cobb-Hunter Cole Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Farr Felder Fulmer Gentry Glover Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Kempe Kennedy Keyserling Kinon Kirsh Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Meacham Neilson Nettles Quinn Rama Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Shissias Smith Snow Stone Taylor Townsend Tucker Waldrop White Wilder Wilkes Wilkins Williams, J.
So, the House refused to adjourn.
Reps. JASKWHICH and MEACHAM proposed the following Amendment No. 273 (Doc Name L:\council\legis\amend\BBM\9822.DW), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND TITLE 58 OF THE 1976 CODE, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.
Whereas, the General Assembly finds essential the preservation of railroad rights-of-way to assure the availability of these corridors for potential future railroad revitalization and public transportation needs; and
Whereas, preservation of railroad rights-of-way and easements for present and future transportation uses and interim compatible public uses are vital to the growth and prosperity of South Carolina and serve the public purpose. Now, therefore,
A. Title 58 of the 1976 Code is amended by adding:
Section 58-20-10. The Governor's Office of Executive Policy and Programs is designated as the agency of the State principally responsible for preserving railroad rights-of-way for future use. This authority includes, but is not limited to, the power to apply for or receive state, federal, or other funds for rail corridor preservation and revitalization programs but does not preclude another governmental entity, public or private organization, or individual from entering into a contract or agreement concerning use or preservation of available railroad rights-of-way or from applying or receiving funds for rail corridor preservation and revitalization programs.
Section 58-20-20. As used in this chapter, 'division' means the Division of Transportation of the Governor's Office of Executive Policy and Programs.
Section 58-20-30. The division shall develop and submit a state railroad corridor preservation and revitalization plan to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee.
Section 58-20-40. In developing the state railroad corridor preservation and revitalization plan, the division shall:
(1) take into consideration the interests of the South Carolina Public Railways Commission, the South Carolina Department of Highways and Public Transportation, the Department of Parks, Recreation and Tourism, the Coordinating Council for Economic Development, the Public Service Commission, and other concerned agencies, departments, and commissions, affected counties, cities, and towns, and regional transportation authorities;
(b) review the rail preservation and revitalization activities within the State and in adjoining states and consider coordinating with other entities for plan and route development with special attention to be given to statewide and interstate route networks;
(c) examine the potential for revitalization transportation uses and evaluate existing and former railroad rights-of-way or easements to determine their suitability for trail or other compatible interim public uses including, but not limited to, recreational walking and running and recreational and commuting bicycling;
(d) receive and consider a proposal or recommendation for a project submitted by a public or private entity or an individual.
Section 58-20-50. The division, or another agency or entity to which the division has leased or transferred title to a rail corridor for preservation for future use and for interim public use, by permit may authorize use of the corridor for other temporary public purposes compatible with the interim public use and preservation of the corridor for future rail use. If a permit is issued for temporary public use that damages or adversely affects the interim public use or preservation of the corridor for future rail use, the damages or adverse effects must be fully mitigated. A fee may be assessed for issuing a temporary public use permit.
Section 58-20-60. A railroad right-of-way that is held for railroad right-of-way preservation or that is the subject of a railroad right-of-way preservation agreement must be considered held for railroad use and may not be considered abandoned for the purpose of any law. A right-of-way preservation agreement may provide for an interim public use of a right-of-way in a manner compatible with maintaining the right-of-way for other future rail purposes.
Section 58-20-70. The division may use or distribute state, federal, or other funds at its disposal to appropriate private or public entities for the purpose of rail corridor preservation and revitalization programs or other interim compatible uses consistent with this chapter. These funds may be used for, but are not limited to, purchasing rights-of-way or easements or for constructing facilities associated with interim public uses.
Section 58-20-80. Notwithstanding any provision of law to the contrary, the division has a preferential right to acquire railroad rights-of-way and easements proposed for abandonment for purposes of preservation for present and future transportation uses and interim compatible public uses consistent with this chapter. This right applies to all property located in this State that was acquired for the purpose of operating a railroad on the property and for which authorization has been sought from the Interstate Commerce Commission for abandonment of the line. A property owner of a railroad right-of-way must notify in writing the division at the time it files for authorization from the Interstate Commerce Commission for abandonment of a line in this State. No property owner may dispose of the property without having first obtained a release of the preferential right from the division.
Section 58-20-90. Within two hundred eighty days after providing the property owner with the notice of intent to exercise this right, the division must notify the property owner in writing that the preferential right is being exercised or provide the property owner with a release of this right. Within sixty days of notification that the right is being exercised, an agreement must be reached in writing with the property owner or a condemnation action initiated.
Section 58-20-100. The division may acquire by purchase, gift, or other method property that is part of a railroad line including a railroad right-of-way or easement or other property needed to carry out the purposes of this chapter.
Section 58-20-110. The division shall submit an annual report to the House of Representatives Education and Public Works Committee and the Senate Transportation Committee concerning its railroad preservation and revitalization activities and progress thereto, including, but not limited to, implementation of and any revisions to the state railroad corridor preservation and revitalization plan required by this chapter."
B. The state railroad corridor preservation and revitalization plan required by Section 58-20-30, as contained in subsection A of this section, must be submitted by the division to the House Education and Public Works Committee and the Senate Transportation Committee by July 1, 1993.
C. The provisions of this section must be funded in part by an appropriation of one thousand dollars from the amount appropriated for implementing federal programs, line 22, page 59 in Section 5C, Part I (Governor's OFF-Executive Policy and Programs) of this act.
D. This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS proposed the following Amendment No. 274 (Doc Name L:\council\legis\amend\436\12268.DW), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF THE 2.66 CENT GASOLINE TAX, SO AS TO REVISE THE FORMULA FOR DISTRIBUTION AND USE OF "C" FUNDS BY PROVIDING THAT SIXTY PERCENT OF "C" FUND REVENUES MUST BE RETURNED TO THE COUNTY IN WHICH THE TAX WAS COLLECTED AND TO PROVIDE THAT ALL "C" FUNDS MAY BE EXPENDED ONLY IN FURTHERANCE OF A COUNTY-WIDE OR REGIONAL TRANSPORTATION PLAN ADOPTED BY THE GOVERNING BODY OF THE COUNTY OR COUNTIES AND MUNICIPALITIES INVOLVED AND IN FURTHERANCE OF THAT PLAN TO ALLOW "C" FUNDS TO BE PLEDGED TO ISSUE REVENUE BONDS, PAY FOR PROJECTS DIRECTLY, AND USED TO MATCH FEDERAL FUNDS AVAILABLE FOR APPROPRIATE PROJECTS, TO DIRECT THE SOUTH CAROLINA TAX COMMISSION TO PROVIDE FOR THE REPORTING OF GASOLINE TAXES IN A MANNER ALLOWING ALLOCATION OF REVENUES TO THE COUNTIES IN WHICH THE TAXES WERE COLLECTED, TO PROVIDE THAT A MAJORITY OF THE REPRESENTATIVES AND SENATORS REPRESENTING THE COUNTY MUST APPROVE ALL EXPENDITURES, TO REQUIRE THE TAX COMMISSION TO REPORT COUNTY ALLOCATIONS QUARTERLY TO COUNTY TREASURERS, AND TO PROVIDE FOR TEMPORARY REALLOCATIONS TO COUNTIES RECEIVING LESS THAN SEVENTY-FIVE PERCENT OF THEIR "C" FUNDS ALLOCATIONS UNDER THE FORMER ALLOCATION FORMULA.
A. Section 12-27-400 of the 1976 Code, as last amended by Section 23, Part II, Act 171 of 1991, is further amended to read:
"Section 12-27-400. The monies collected by the Commission pursuant to the provisions of Section 12-27-240 must be deposited with the State Treasurer and expended on the State Highway Secondary System for construction, improvements, and maintenance and, together with any other funds made available for the purpose, must be apportioned among the counties of the State in the following manner: one-third in the ratio which the land area of the county bears to the total land area of the State; one-third in the ratio which the population of the county bears to the total population of the State as shown by the latest official decennial census; and one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown by the latest official records of the Department of Highways and Public Transportation.
Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for local paving or improving county roads and for street and traffic signs and other paving projects. A majority of the legislative delegation members, including a majority of the senators and a majority of the members of the House of Representatives representing the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel.
The expenditure of funds known as 'C' construction funds must have the approval of a majority of the legislative delegation members of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county.
Each county legislative delegation must be notified by the department no later than July 30 of each year as to the balance of any unexpended C funds from the previous fiscal year. All unexpended C fund monies must remain in the account for the succeeding fiscal year and must be expended as provided for in this section.
(A) (1) Sixty percent of revenues collected by the commission pursuant to Section 12-27-240 must be deposited with the State Treasurer and allocated to counties in a manner that returns to each county the revenues from the tax collected in the county. The commission shall require the reporting of gasoline taxes in a manner allowing it to make an accurate allocation and it shall report quarterly to each county treasurer on the amounts collected in and available to the county.
(2) Sixty percent of revenues collected by the commission pursuant to Section 12-27-240 must be apportioned among counties as follows:
(a) one-third in the ratio which the land area of the county bears to the total land area of the state;
(b) one-third in the ratio which the population of the county bears to the total population of the State according to the most recent United States Census; and
(c) one-third in the ratio which the mileage of all rural public roads in the county bears to the total rural road mileage in the State as shown in the most current official records of the Department of Highways and Public Transportation.
(B) The funds allocated to the county may be used to issue revenue bonds, pay directly for appropriate projects, and match federal funds available for appropriate projects, in furtherance of a county-wide transportation plan adopted by the governing body of the county and by the governing body of all municipalities within a county that maintains streets and roads. Counties may join in approving a regional transportation plan, and the funds allocated to counties included in the regional plan must be expended in furtherance of the regional plan.
(C) A majority of the legislative delegation members, including a majority of the senators and a majority of members of the House of Representatives representing the county in which the expenditures are to be made must approve the expenditures.
(D) All unexpended 'C' funds allocated to a county remain in the account allocated to the county for the succeeding fiscal year and must be expended as provided in this section.
(E) The county-wide and regional transportation plans as provided for in this section must be reviewed and approved by the South Carolina Department of Highways and Public Transportation.
(F) The provisions of this section may not be construed as affecting the plans and implementation of plans for a Statewide Surface Transportation System as developed by the South Carolina Department of Highways and Public Transportation."
B. Notwithstanding the "C" funds allocation formula provided in Section 12-27-400 of the 1976 Code, as amended in subsection A of this section, all "C" funds allocated for projects not yet contracted for on the effective date of this section must be reallocated to counties whose "C" fund allocations for fiscal year 1992-93 are less than seventy-five percent of their allocations under the distribution formula effective in fiscal year 1991-92. This reallocation must be made so as to increase the fiscal year 1992-93 allocations to these counties to at least eighty percent of their fiscal year 1991-92 allocation. Any excess must be carried forward to succeeding fiscal years and reallocated to these counties in a similar manner until all "C" funds reallocated pursuant to this subsection are exhausted. Thereafter, allocations must be made as provided pursuant to Section 12-27-400 of the 1976 Code.
C. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend title and totals to conform.
Rep. HASKINS explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Carnell Chamblee Cobb-Hunter Council Delleney Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Hodges Houck Huff Hyatt Jennings Kennedy Kinon Kirsh Marchbanks Martin, L. McAbee McCraw McElveen McLeod McTeer Meacham Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Sharpe Sheheen Shirley Smith Snow Stoddard Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Williams, J. Young, A.
Those who voted in the negative are:
Bailey, J. Baker Barber Brown, J. Bruce Byrd Cato Clyborne Cole Cooper Corbett Cork Cromer Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Holt Inabinett Jaskwhich Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, M. Mattos McGinnis Quinn Rama Riser Scott Shissias Sturkie Taylor Vaughn Whipper Wilkins Wofford Wright Young, R.
So, the amendment was tabled.
Debate was resumed on Amendment No. 256 by Rep. JASKWHICH.
Rep. JASKWHICH moved to table the amendment, which was agreed to.
Debate was resumed on Section 7.
Rep. McABEE raised the Point of Order that Section 7 was out of order as it added a Bond Bill and that has to be done in separate legislation and only in odd years.
Rep. D. ELLIOTT argued contra the Point in stating that it did not increase the cap in the fact that it specifically assigned 8.8 million dollars to pay for the special bond issue. He further stated that it was related to the bingo tax.
The SPEAKER stated that it authorized capital improvement bonds and it is not related to any revenue in Part I of the Bill and he sustained the Point of Order and ordered the Section stricken from the Bill.
Debate was resumed on Section 14.
Rep. RAMA moved to table the section, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 18 was adopted was taken up and agreed to.
Rep. McLEOD proposed the following Amendment No. 162 (Doc Name L:\council\legis\amend\BR1\2299.AC), which was adopted.
Amend the bill, as and if amended, Part II, Section 18, page 794, by adding before the period at the end of Section 44-56-160(A): /, except investment earnings on the permitted site fund which must be credited to that fund/.
Renumber sections to conform.
Amend totals and title to conform.
Section 18 as amended was adopted.
Debate was resumed on Section 19.
Reps. CARNELL, P. HARRIS, MATTOS, TUCKER and J. HARRIS proposed the following Amendment No. 235 (Doc Name L:\h-wm\legis\amend\CRK.MAT).
Amend the bill, as and if amended, Part II, by deleting Section 19 in its entirety beginning on Page 794 and inserting:
TO AMEND SECTION 12-23-810, AS AMENDED, OF THE 1976 CODE, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO REVISE THE IMPOSITION FORMULA OF THE TAX.
A. Section 12-23-810(A) of the 1976 Code, as last amended by Act 105 of 1991, is further amended to read:
"(A) Every hospital licensed as a general hospital by the Department of Health and Environmental Control is subject to the payment of an excise, license, or privilege tax. Each hospital's tax must be based on its number of Medicaid patient days from the prior year as a percentage of total statewide Medicaid days. Each hospital's tax must be based on its total number of patient days from the prior year, excluding Medicaid patient days, adjusted by the hospital's ratio of total net to gross patient revenue. Net patient revenue for purposes of this formula is defined as gross patient revenue less contractual allowances, bad debts, uncompensated indigent care, property taxes, and state and federal income taxes.
B. This section takes effect July 1, 1992./
Renumber sections & amend totals/title to conform.
Rep. MATTOS explained the amendment.
Rep. WHITE moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 22.
Rep. VAUGHN raised the Point of Order that Section 22 was out of order under 6-27-50 and would have to be done in separate legislation.
Rep. McABEE argued that it was merely keeping what was in the original statute which was a clause that specified that no county or municipality will hold any funds.
The SPEAKER stated he struck Section 23 for the same reason and that this was in the same chapter of the Code and he sustained the Point of Order and ordered the Section stricken from the Bill.
Debate was resumed on Section 26.
Reps. LITTLEJOHN and BRUCE proposed the following Amendment No. 227 (Doc Name L:\h-wm\legis\amend\VRC.LI2), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Beginning on Page 800, by striking Section 26 and inserting:
To amend Section 44-7-84, as amended, of the 1976 Code, relating to the determination and allocation of Medicaid Nursing Home beds and fees, so as to eliminate the five dollar a day administrative fee effective October 1, 1992.
A. Section 44-7-84(D) of the 1976 Code, as last amended by Act 171 of 1991, Part II, Section 7, is further amended by deleting subsection (D) which reads:
"(D) (1) The Department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the General Fund of the State. (2) Within ninety days from the collection, but not later than January first of each year, the Department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."
B. This Section takes effect October 1, 1992./
Renumber sections & amend totals/title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. CARNELL spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. CARNELL, McABEE, P. HARRIS, TUCKER, SHIRLEY and WHITE proposed the following Amendment No. 254 (Doc Name L:\council\legis\amend\JIC\6320.HC), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, beginning on page 800 by striking SECTION 26 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO SIX MILLS AND PROVIDE THAT THE ADDITIONAL REVENUE MUST BE USED TO FUND MEDICAID HOSPITAL SERVICES AND OTHER MEDICAID PURPOSES; AND TO AMEND SECTION 44-7-84, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DETERMINATION AND ALLOCATION OF MEDICAID NURSING HOME BEDS AND FEES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ASSESS A DAILY EIGHTY-FIVE CENTS A BED FEE ON ALL NURSING HOME BEDS EXCEPT BEDS OWNED OR OPERATED BY THE STATE AND INSTITUTIONAL NURSING HOME BEDS, TO REQUIRE THE FEES TO BE REMITTED BY NURSING HOMES FIFTEEN DAYS AFTER THE END OF THE FISCAL QUARTER, TO PROVIDE A PENALTY OF ONE HUNDRED DOLLARS FOR EACH DAY A QUARTERLY ASSESSMENT IS IN ARREARS AND TO ALLOW DHEC TO WAIVE OR REDUCE THE PENALTY, AND TO PROVIDE THAT NURSING HOMES ASSESSED THE FIVE DOLLAR A PATIENT DAY ADMINISTRATIVE FEE SHALL CONTINUE TO PAY THAT ASSESSMENT THROUGH SEPTEMBER 30, 1992.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, three and one-half six mills on each cigarette."
B. The revenues derived from two and one-half mills of the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code must first be appropriated to provide annually recurring revenues for hospital services for the medicaid program. Any remaining revenues must be appropriated for the other components of the medicaid program.
C. Section 44-7-84(D) of the 1976 Code, as last amended by Act 171 of 1991, is further amended to read:
"(D) (1) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. The funds generated from this fee must be remitted to the State Treasurer and credited to the general fund of the State.
(2) Within ninety days from the collection, but not later than January first of each year, the department shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee.
(1) The department shall assess all nursing home beds, except beds owned or operated by the State or institutional nursing home beds, at the rate of eighty-five cents a bed a day. The funds generated from this fee must be credited to the general fund of the State.
(2) Nursing homes shall remit one-quarter of their total assessment to the department fifteen days after the end of each fiscal quarter.
(3) Nursing homes which fail to remit quarterly assessments within the time periods specified must pay a penalty of one hundred dollars for each day that the amount is in arrears. The department may waive or reduce the penalty."
D. Notwithstanding the provisions of Section 44-7-84(D) of the 1976 Code as amended by subsection A of this section, nursing homes assessed the five dollar a patient day administrative fee pursuant to the former provisions of Section 44-7-84(D) shall continue to pay that assessment through September 30, 1992, after which the assessment provided in Section 44-7-84(D) of the 1976 Code as amended by this section applies.
E. This section takes effect July 1, 1992./
Amend title and totals to conform.
Rep. CARNELL explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 254 was out of order as this matter had been twice negative by the House.
The SPEAKER stated that you had to state the specific amendments and he overruled the Point of Order.
Rep. CARNELL continued speaking.
Rep. BAXLEY moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Baxley Beasley Bennett Brown, G. Bruce Burch, K. Cooper Cork Cromer Delleney Elliott, D. Elliott, L. Farr Fulmer Gentry Gonzales Hallman Harris, J. Harrison Harwell Hodges Houck Jennings Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sheheen Snow Waites Waldrop Wilkins Williams, J. Wright Young, R.
Those who voted in the negative are:
Altman Bailey, J. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Corbett Corning Council Fair Felder Glover Harrelson Harris, P. Haskins Holt Huff Inabinett Jaskwhich Johnson, J.C. Kempe Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Mattos McAbee McCraw McGinnis Phillips Rama Ross Rudnick Scott Sharpe Shirley Shissias Smith Stoddard Stone Sturkie Taylor Townsend Tucker Vaughn Wells Whipper White Wilder Wilkes Wofford Young, A.
So, the House refused to table the amendment.
Reps. HARWELL and M. MARTIN spoke against the amendment.
Rep. CORNING moved immediate cloture on the entire matter.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bennett Cobb-Hunter Corning Farr Harrison Jaskwhich Klapman Manly Martin, L. Mattos McCraw Phillips Quinn Rhoad Rudnick Sharpe Smith Sturkie Tucker Waites Whipper Wilder
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Bruce Burch, K. Byrd Cato Chamblee Clyborne Cole Corbett Cork Council Cromer Delleney Elliott, D. Elliott, L. Fair Felder Foster Fulmer Gentry Glover Hallman Harrelson Harris, J. Harris, P. Harvin Harwell Haskins Hodges Holt Houck Huff Hyatt Inabinett Jennings Johnson, J.C. Kempe Kennedy Keyserling Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, M. McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Rama Riser Rogers Ross Scott Sheheen Shirley Shissias Snow Stoddard Stone Taylor Vaughn Waldrop White Wilkes Williams, J. Wofford Wright Young, A. Young, R.
So, immediate cloture was rejected.
Rep. HARRELSON spoke in favor of the amendment.
Rep. GONZALES moved immediate cloture on Section 26, which was rejected.
Rep. HARWELL moved to table the amendment.
Rep. HASKINS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. G. BROWN spoke against the amendment.
Rep. INABINETT spoke in favor of the amendment.
The SPEAKER granted Reps. BYRD and COLE a leave of absence.
Rep. INABINETT continued speaking.
Rep. HASKINS spoke in favor of the amendment.
Rep. CARNELL rose to a Point of Personal Privilege.
Rep. G. BROWN moved to table the amendment.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Bailey, J. Barber Baxley Beasley Bennett Brown, G. Brown, J. Bruce Burch, K. Cato Cooper Cork Cromer Delleney Elliott, D. Elliott, L. Farr Felder Fulmer Gentry Glover Gonzales Hallman Harrelson Harris, J. Harwell Hodges Houck Inabinett Jaskwhich Jennings Kennedy Keyserling Kinon Kirsh Martin, L. Martin, M. McElveen McKay McLeod McTeer Meacham Neilson Nettles Quinn Rhoad Riser Rogers Sheheen Snow Townsend Waites Waldrop Wilkes Wilkins Williams, J. Wofford Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Altman Baker Brown, H. Carnell Chamblee Clyborne Cobb-Hunter Corbett Corning Council Fair Harris, P. Harrison Haskins Holt Huff Johnson, J.C. Kempe Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Mattos McAbee McCraw McGinnis Phillips Rama Ross Rudnick Scott Sharpe Shirley Shissias Smith Stoddard Stone Sturkie Taylor Tucker Vaughn Whipper White Wilder Young, A.
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 26 Part II.
Amendment #: 254. Subject Matter: Medicaid Services.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. A. HYATT
Rep. CARNELL proposed the following Amendment No. 278 (Doc Name L:\h-wm\legis\amend\VRC.LEE), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, Section 26, Page 800, right column, by striking line 39 and inserting:
/Assessment to the Department 15 days after the end of each/.
Amend Further, Section 26, Page 800, right column, by striking line 43 and inserting:
/hundred dollar a day penalty for each day that the amount is in arrears./
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Rep. CARNELL explained the amendment.
The amendment was then adopted.
Section 26 as amended was adopted.
Debate was resumed on Section 34.
Rep. CARNELL proposed the following Amendment No. 216 (Doc Name L:\council\legis\amend\JIC\6310.HC), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 34, page 802, right column, by inserting immediately after line 41 an appropriately numbered item to read:
/"( ) nursing home bed fees."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES proposed the following Amendment No. 275 (Doc Name L:\council\legis\amend\BBM\9827.SD), which was tabled.
Amend the bill, as and if amended, in Section 34, Part II, Permanent Provisions, beginning on page 802, by striking subsections (A) and (D) of Section 34 in their entirety.
Renumber subsections to conform.
Amend title and totals to conform.
Rep. WILKES explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Barber Baxley Beasley Bennett Boan Burch, K. Carnell Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Glover Harrelson Harris, J. Hodges Holt Houck Hyatt Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Nettles Phillips Rogers Ross Scott Sheheen Shirley Smith Stone Taylor Townsend Tucker Waites Waldrop Wells White Wilder
Those who voted in the negative are:
Bailey, G. Baker Brown, H. Bruce Cato Clyborne Corbett Corning Council Fair Felder Fulmer Gonzales Hallman Harrison Harvin Haskins Inabinett Jaskwhich Koon Lanford Littlejohn Manly Marchbanks Martin, L. Meacham Rama Rhoad Riser Rudnick Shissias Stoddard Sturkie Vaughn Wilkes Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Section 34 as amended was adopted.
The motion of Rep. KLAPMAN to reconsider the vote whereby Section 36 was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider.
Rep. WRIGHT demanded the yeas and nays, which were not ordered.
The motion to reconsider was tabled by a division vote of 61 to 22.
Debate was resumed on Section 19.
Debate was resumed on Amendment No. 235, which was proposed by Reps. CARNELL, P. HARRIS, et al.
Rep. P. HARRIS moved to table the amendment, which was agreed to.
Section 19 was adopted.
Debate was resumed on Section 14L Provisos.
Section 14L Provisos were adopted.
Debate was resumed on Section 14J Provisos.
Reps. PHILLIPS, McCRAW, BYRD, WOFFORD, KEMPE, WELLS, MEACHAM, RUDNICK, NEILSON, McGINNIS, HYATT, STODDARD, WHITE, MANLY, COBB-HUNTER, WAITES, K. BURCH, J. HARRIS, COUNCIL, FAIR, WHIPPER, WRIGHT and HOUCK proposed the following Amendment No. 213 (Doc Name L:\Council\Legis\Amend\JIC\6309.HC), which was adopted.
Amend the Bill, as and if amended, Part I, Section 14, page 152, by adding a new paragraph appropriately numbered after paragraph 14J.7 to read:
/14J._______. For State Health Plan Year 1993 and after that time, the Budget and Control Board under the State Health Plan may not contract with a hospital, physician's office, clinic, or similar facility for the performance of mammograms unless the hospital's mammogram center, physician's office, clinic, or facility has been certified by the American College of Radiology for the procedures or has applied for certification./
Renumber paragraphs to conform.
Amend title to conform.
Section 14J Provisos as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 3D was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 182 (Doc Name L:\h-wm\legis\amend\DLC.014), which was adopted.
Amend the bill, as and if amended, Part I, Section 3D, Legislative Council, Page 0016, Line 24, Opposite /Approved Accounts/ by decreasing the line in column (7) $5,000 and column (8) $5,000
amend further on Page 0016, Line 26, Opposite /Judicial Council/ by increasing the line in column (7) $5,000 and column (8) $5,000
Renumber sections & amend totals/title to conform.
Section 3D as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 3 was adopted was taken up and agreed to.
Rep. RUDNICK proposed the following Amendment No. 116 (Doc Name L:\h-wm\legis\amend\CRK.IR2), which was adopted.
Amend the bill, as and if amended, Part I, Section 3, Legislative Printing, Page 41 by adding an appropriately numbered proviso at the end to read:
/3.___ (Printing of Appropriations Bill) The Legislative Printing and Information Technology Resources Department shall research printing and binding procedures used by other states when publishing their respective annual or biennial appropriations bills. The Department shall make recommendations to the Ways and Means Committee and the Senate Finance Committee by January 1, 1993 regarding the most cost efficient method of printing and binding a state appropriations bill.
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
The amendment was then adopted.
Section 3 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 4 was adopted was taken up and agreed to.
Reps. FELDER and WILKINS proposed the following Amendment No. 104 (Doc Name L:\h-wm\legis\amend\DH.002), which was adopted.
Amend the bill, as and if amended, Part I, Section 4, Judicial, Page 46, Line 3, Opposite /Travel/ by increasing the line in column (7) $683,932
Amend further, Page 46, Line 30, Opposite /Travel/ by increasing the line in column (7) 352,329
Renumber sections & amend totals/title to conform.
Section 4 as amended was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 4. Subject Matter: Judicial Dept.
Amendment #: 104. Subject Matter: Raising fines support Judiciary.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. K. BURCH
The motion of Rep. BOAN to reconsider the vote whereby Section 14G was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 140 (Doc Name L:\h-wm\legis\amend\CRK.HK2), which was adopted.
Amend the bill, as and if amended, Part I, Division of General Services of the Budget and Control Board, Page 114, Line 37, Opposite Fixed Charges and Contributions, by increasing column (7) by /$160,754/ and column (8) by /$160,754/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 14G as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 14D was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 14I Provisos was adopted was taken up and agreed to.
Rep. CARNELL proposed the following Amendment No.83 (Doc Name L:\h-wm\legis\amend\CRK.MC1), which was adopted.
Amend the bill, as and if amended, Part I, Section 14I.1B, Budget and Control Board Division of Motor Vehicle Management, page 151, line 38, as amended by the Ways and Means Committee Amendment #4 by further amending by adding after "employee" /except full-time line law enforcement and Class III limited duty officers,/
Renumber sections & amend totals/title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Reps. CROMER and NEILSON proposed the following Amendment No. 76 (Doc Name L:\h-wm\legis\amend\CRK.BC2), which was adopted.
Amend the bill, as and if amended, Part I, Section 14I, Budget and Control Board Division of Motor Vehicle Management, Page 152, by adding an appropriately numbered proviso at the end to read,
/14I.New (Commuting Mileage) Excluding law enforcement personnel, it is the intent of the General Assembly to disallow the personal use of state-owned vehicles. The Division of Motor Vehicle Management of the Budget and Control Board shall promulgate regulations that disallow the personal use of state-owned vehicles for commuting, however, when commuting is unavoidable the employee must reimburse the state at a rate of 27.5 cents per mile./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Bruce Carnell Corning Delleney Elliott, D. Farr Foster Gonzales Hallman Harrelson Harris, P. Harvin Harwell Kinon Littlejohn Marchbanks Martin, L. McAbee McCraw McGinnis McLeod McTeer Phillips Rhoad Riser Scott Shirley Stoddard Townsend Tucker Waldrop White Wilder Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Baxley Beasley Boan Brown, G. Brown, H. Brown, J. Burch, K. Cato Chamblee Clyborne Cooper Corbett Cork Council Cromer Elliott, L. Fair Felder Gentry Glover Harris, J. Haskins Hodges Holt Houck Huff Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Kempe Kirsh Klapman Lanford Manly Martin, M. Mattos McElveen McKay Meacham Neilson Nettles Quinn Rogers Ross Rudnick Shissias Smith Stone Taylor Vaughn Waites Wells Wilkes Wilkins Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 14 Subject Matter: Provisos
Amendment #: 76. Subject Matter: Commuter Mileage.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT J. SHEHEEN
Reps. CROMER, NEILSON and WELLS proposed the following Amendment No. 78 (Doc Name L:\h-wm\legis\amend\CRK.BC3), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 14I, Budget and Control Board Division of Motor Vehicle Management, Page 152, by adding an appropriately numbered proviso at the end to read,
/14I.New (Downsizing State Vehicles) The Division of Motor Vehicle Management of the Budget and Control Board shall examine the composition of agencies' motor vehicle fleets to determine the feasibility of employing a mixture of full-size, intermediate, and compact sedans to ensure a more cost efficient state fleet. The Division shall make recommendations to each agency regarding downsizing their fleets. All new vehicles purchased by the State of South Carolina must be products of american based manufacturers./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 78 was out of order as it was not germane.
Rep. CROMER argued contra the Point.
The SPEAKER stated that it did not institute anything and that it just did a study and he sustained the Point of Order and ruled the Amendment out of order.
Reps. CROMER, NEILSON and WELLS proposed the following Amendment No. 79 (Doc Name L:\h-wm\legis\amend\CRK.BC1), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 14I, Budget and Control Board Division of Motor Vehicle Management, Page 152, by adding an appropriately numbered proviso at the end to read,
/14I.New (Personal Assignment of Vehicles - Cap) Excluding the personal assignment of law enforcement and emergency vehicles, the Division of Motor Vehicle Management of the Budget and Control Board shall not approve the personal assignment of vehicles to exceed 1040 vehicles.
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 79 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Section 14I Provisos as amended were adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 14K.3D was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 223 (Doc Name L:\h-wm\legis\amend\CRK.HK9), which was adopted.
Amend the bill, as and if amended, Part I, Section 14K, Budget and Control Board - Division of Human Resource Management, Page 0154, Line 1, Right column, Proviso #14k.3D, by inserting after "employees" /, including permanent part-time employees/
Amend further, Page 154, Line 2, Right Column, by inserting after "payment" /regardless of their hire date/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 14K.3D as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 14R Provisos was adopted was taken up.
Rep. BOAN moved to table the motion.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Baxley Beasley Boan Brown, J. Burch, K. Chamblee Cobb-Hunter Cork Cromer Delleney Elliott, D. Elliott, L. Foster Gentry Harrelson Harris, J. Harvin Hodges Holt Houck Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCraw McElveen McGinnis McLeod McTeer Neilson Phillips Rhoad Rogers Ross Scott Sheheen Shirley Taylor Townsend Tucker Waldrop Wells Wilder
Those who voted in the negative are:
Bailey, G. Bailey, J. Baker Brown, G. Brown, H. Bruce Cato Clyborne Cooper Corning Council Fair Farr Fulmer Gonzales Hallman Harrison Haskins Huff Hyatt Jaskwhich Klapman Koon Lanford Littlejohn Manly Meacham Quinn Rama Riser Rudnick Shissias Smith Snow Stoddard Stone Sturkie Vaughn Wilkins Wofford Wright
So, the motion to reconsider was tabled.
The SPEAKER granted Rep. TUCKER a temporary leave of absence.
The motion of Rep. BOAN to reconsider the vote whereby Section 15 was adopted was taken up.
Rep. KIRSH moved to table the motion, which was rejected by a division vote of 30 to 67.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. ROGERS proposed the following Amendment No. 237 (Doc Name L:\h-wm\legis\amend\CJ.TR), which was adopted.
Amend the bill, as and if amended, Part I, Section 15, Commission on Higher Education, Page 162, by inserting after Line 21 a new item /Higher Education Fund/, and inserting in column (7) 30,000,000
Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 237 was out of order as it was not germane in that it dealt with a future Appropriation Bill.
The SPEAKER stated that it put money in the first part of the Bill.
Rep. McABEE questioned how money could be put in when you did not know when it was coming in.
The SPEAKER stated that it may be bad judgement but that you could do that and he overruled the Point of Order.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 35 to 66.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 15 as amended was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 15
Amendment #: 237.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
The motion of Rep. BOAN to reconsider the vote whereby Section 16 was adopted was taken up and agreed to.
Rep. FELDER proposed the following Amendment No. 99 (Doc Name L:\h-wm\legis\amend\CJ.004), which was adopted.
Amend the bill, as and if amended, Part I, Section 16, Higher Education Tuition Grants Commission, Page 166, by adding an appropriately numbered proviso at the end to read /16.___ South Carolina Tuition Grants Program funds shall be disbursed to eligible students on a semester-by-semester basis. Interest accrued on the balance of undisbursed tuition grants programs funds on deposit with the State Treasurer's Office from September 15 through December 31st shall be calculated by the State Treasurer's Office and transferred within 30 days to the South Carolina Tuition Grants Program to be awarded as tuition grants to eligible students./
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Section 16 as amended was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
Section #: 16 Subject Matter: P. 162
Amendment #: 99.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
Rep. PHILLIPS moved to rescind Rule 3.9, which was agreed to.
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 12:00 Noon Tuesday, March 17 in Statewide Session, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 28 was adopted was taken up and agreed to.
Reps. BOAN and McTEER proposed the following Amendment No. 230 (Doc Name L:\h-wm\legis\amend\FAR.WM3), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, Education, Page 364, Line 14, Opposite \Gifted/Talented\ by decreasing the line in column (7) 55,064.
Amend further, Page 364, Line 16, opposite \Hndcap Std Srvc\ by decreasing the line in column (7) 8,510.
Amend further, Page 365, Line 02, opposite \4 Yr. Early\ by decreasing the line in column (7) 32,048.
Amend further, Page 365, Line 03, Opposite \Basic Skills\ by decreasing the line in column (7) 168,183.
Amend further, Page 365, Line 06, opposite \Development\ by decreasing the line in column (7) 4,461.
Amend further, Page 366, Line 36, opposite \Pathway Coord\ by decreasing the line in column (7) 3,154.
Amend further, Page 369, Line 29, opposite \Slry\Supp\Princ\ by decreasing the line in column (7) 6,580.
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Section 28 as amended was adopted.
Reps. BAKER, HASKINS, JASKWHICH and VAUGHN proposed the following Amendment No. 283 (Doc Name L:\h-wm\legis\amend\TMR.SDE), which was tabled.
Amend the bill, as and if amended, Part I, Dept. of Education, page 382, left column, by deleting Proviso 28.27A in its entirety
Renumber sections & amend totals/title to conform.
Rep. JASKWHICH explained the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. LANFORD proposed the following Amendment No. 243 (Doc Name L:\h-wm\legis\amend\VRC.LAN), which was tabled.
Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 0391, Lines 28-34, Left Column Proviso 28A.42, by deleting the proviso in its entirety.
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Baxley Beasley Boan Burch, K. Carnell Chamblee Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Foster Gentry Harrelson Harris, J. Harvin Harwell Hodges Houck Huff Hyatt Inabinett Jennings Kempe Kennedy Keyserling Kinon Kirsh Martin, D. Martin, M. Mattos McAbee McCraw McElveen McKay McLeod McTeer Meacham Neilson Nettles Phillips Rogers Rudnick Scott Sheheen Shirley Smith Snow Stone Townsend Tucker Waites Waldrop Whipper White Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baker Barber Brown, H. Brown, J. Bruce Cato Clyborne Corbett Cork Corning Council Fair Fulmer Gonzales Hallman Harrison Haskins Holt Jaskwhich Johnson, J.C. Klapman Koon Lanford Littlejohn Manly Martin, L. McGinnis Quinn Rama Riser Shissias Sturkie Vaughn Wilkins Wright Young, R.
So, the amendment was tabled.
Reps. McTEER, JASKWHICH, J. HARRIS, FELDER, ROGERS, A. YOUNG and WOFFORD proposed the following Amendment No. 229 (Doc Name L:\h-wm\legis\amend\FAR.DM2), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 393, Line 34, Right Column, by adding an appropriately numbered proviso at the end to read / 28.___ Notwithstanding any other provision of law, for Fiscal Year 1992-93 school districts are permitted to receive and spend any unallocated building funds on account with the Department of Education for any general school purpose./
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. McTEER proposed the following Amendment No. 246 (Doc Name L:\h-wm\legis\amend\FAR.DM7), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 393, Line 35, Right Column by adding an appropriately numbered proviso at the end to read:
/28.___ In determining school district allocations of state funds appropriated for school district employer contributions for the 1992-93 school year, the Department, Education shall allocate the available funds by taking the average of the amount the district would receive if the funds were distributed under the EFA formula and the amount the districts would receive if the funds were allocated on the weighted pupil method.
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
Rep. BAKER spoke against the amendment.
Rep. BAKER moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Baker Barber Brown, J. Bruce Cato Chamblee Clyborne Cooper Corbett Cork Corning Elliott, D. Fair Fulmer Gonzales Hallman Harrison Haskins Holt Hyatt Inabinett Jaskwhich Kempe Lanford Littlejohn Manly Martin, D. Martin, L. Martin, M. McGinnis Meacham Quinn Rama Riser Scott Shissias Sturkie Vaughn Wells Whipper Wilkins Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch, K. Carnell Cobb-Hunter Council Delleney Elliott, L. Farr Gentry Harrelson Harris, J. Harvin Harwell Hodges Houck Huff Jennings Johnson, J.C. Kennedy Keyserling Kinon Koon McAbee McCraw McElveen McKay McLeod McTeer Nettles Phillips Rhoad Rogers Ross Rudnick Sharpe Sheheen Shirley Smith Snow Stone Townsend Tucker Waites Waldrop White Wilder Wilkes Wofford Young, A.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. CLYBORNE spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Burch, K. Carnell Cobb-Hunter Council Delleney Elliott, L. Gentry Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Holt Houck Inabinett Jennings Johnson, J.C. Kennedy Keyserling Kinon Koon Martin, D. McAbee McCraw McElveen McKay McLeod McTeer Neilson Nettles Riser Rogers Rudnick Sheheen Shirley Smith Snow Sturkie Townsend Tucker Waldrop Whipper White Wilder Williams, J. Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Bruce Cato Chamblee Clyborne Cooper Corbett Cork Corning Elliott, D. Fair Felder Foster Fulmer Glover Gonzales Hallman Harrison Haskins Huff Hyatt Jaskwhich Kempe Kirsh Klapman Littlejohn Manly Marchbanks Martin, L. Martin, M. Mattos McGinnis Meacham Quinn Ross Scott Sharpe Shissias Stone Taylor Vaughn Waites Wells Wilkes Wilkins Wright
So, the amendment was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 37 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 130 (Doc Name L:\h-wm\legis\amend\VRC.231), which was adopted.
Amend the bill, as and if amended, Part I, Section 37, Museum Commission, Page 0433, Lines 15-16, left column, by striking /Upon prior approval of the Budget and Control Board,/
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 37 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 40 was adopted was taken up and rejected.
The motion of Rep. BOAN to reconsider the vote whereby Section 43 was adopted was taken up and agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 201 (Doc Name L:\h-wm\legis\amend\DM.CH1), which was adopted.
Amend the bill, as and if amended, Part I, Section 43, Department of Social Services, Page 498, Line 13, Opposite /Aid to Other Entities/ by increasing the Line by $50,000 under columns (7) and (8).
Renumber sections & amend totals/title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Reps. MATTOS and BOAN proposed the following Amendment No. 93 (Doc Name L:\h-wm\legis\amend\VRC.213), which was adopted.
Amend the bill, as and if amended, Part I, Section 43, Department of Social Services. Page 0508, Line 5, left column, Proviso 43.7, by striking /682.50/ and inserting after "of" /683.00/
Amend further, Part I, Section 43, Department of Social Services, Page 0508, Line 8, left column, by striking /32.50/ and inserting after "a" /33.00/
Renumber sections & amend totals/title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Section 43 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 45 was adopted was taken up and agreed to.
Rep. MATTOS proposed the following Amendment No. 187 (Doc Name L:\h-wm\legis\amend\VRC.250), which was adopted.
Amend the bill, as and if amended, Part I, Section 45, Foster Care Review Board, Page 0514, Line 23, Opposite /Classified Positions/ by increasing the line in column (7) 22,219 and in column (8) 22,219
Amend further, Page 0515, Line 11, Opposite /Employer Contributions/ by increasing the line in column (7) 7,781 and in column (8) 7,781
Renumber sections & amend totals/title to conform.
Section 45 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 54 was adopted was taken up.
Rep. BOAN moved to table the motion, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 119 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 280 (Doc Name L:\h-wm\legis\amend\DH.WB1), which was adopted.
Amend the bill, as and if amended, Part I, Section 119, Debt Service, Page 706, Line 6, Opposite /Capital Improvement Bonds/ by decreasing the line in column (7) 140,500 and in column (8) 140,500
Renumber sections & amend totals/title to conform.
Section 119 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 38A was adopted was taken up and agreed to.
Reps. SCOTT, J. BROWN, TAYLOR and BYRD proposed the following Amendment No. 287 (Doc Name L:\h-wm\legis\amend\VRC.SHH), which was adopted.
Amend Further, Page 0438, Line 39, Opposite /Other Medicaid Services/ by increasing the line in column (7) 440,606 and in column (8) 125,000
Renumber sections & amend totals/title to conform.
Section 38A as amended was adopted.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: Medicaid, Health and Human Services Finance Commission.
Section #: 38A. Subject Matter: Nursing Home Aid.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. WILLIAM D. BOAN
Rep. ROGERS proposed the following Amendment No. 284 (Doc Name L:\council\legis\amend\BBM\9814.SD), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-360 SO AS TO PROVIDE THAT SALES TAX REVENUES FROM CATALOG SALES WHICH EXCEED REVENUES FROM SUCH SALES IN FISCAL YEAR 1991-92 MUST BE CREDITED TO A SEPARATE FUND STYLED THE HIGHER EDUCATION SALES TAX FUND, TO PROVIDE FOR THE MANNER IN WHICH THESE REVENUES MUST BE USED IN THE FISCAL YEAR 1992-93 AND THEREAFTER, AND TO PROVIDE THAT FUND REVENUES MAY NOT BE USED TO SUPPLANT OTHER APPROPRIATIONS FOR HIGHER EDUCATION.
A. Chapter 101, Title 59 of the 1976 Code is amended by adding:
"Section 59-101-360. Notwithstanding the provisions of Section 59-21-1010(A), that portion of sales tax revenue derived pursuant to Section 12-36-2620(1) from the tax on catalog sales which exceeds the total of revenue from such sales in fiscal year 1991-92 must be credited by the State Treasurer to the Higher Education Sales Tax Fund, which is separate and distinct from the general fund of the State. Revenues in this fund as appropriated in Part I, Section 15, Commission on Higher Education, of the 1992-93 General Appropriations Act and as thereafter annually appropriated must be distributed pursuant to formula funding for higher education and may not be used to supplant general fund appropriations for higher education."
B. This section takes effect July 1, 1992./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND proposed the following Amendment No. 285 (Doc Name L:\council\legis\amend\BBM\9816.SD), which was adopted.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, in Section 59-101-360 of the 1976 Code, which was added by the Amendment No. 284 amends 284, by inserting immediately before the last word of the section the following:
/,except that twenty percent of fund revenues must be credited to the Education Improvement Act of 1984 Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. HARRIS proposed the following Amendment No. 286 (Doc Name L:\council\legis\amend\BBM\9815.SD), which was adopted.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, in Section 59-101-360 of the 1976 Code, which was added by the Amendment No. 284, by inserting immediately before the last word of the section the following:
/,except that ten percent of fund revenues, not exceeding fifteen million dollars in one fiscal year, must be appropriated for the Higher Education Tuition Grants Program pursuant to Chapter 113 of Title 59./
Renumber sections to conform.
Amend totals and title to conform.
SECTION 15 PROVISOS--MOTION TO RECONSIDER REJECTED
The motion of Rep. McGINNIS to reconsider the vote whereby Amendment No. 148 to Section 15 Provisos was tabled was taken up and rejected by a division vote of 21 to 28.
The motion of Rep. SHARPE to reconsider the vote whereby Amendment No. 126 to Section 66 was rejected was taken up and agreed to by a division vote of 43 to 13.
The amendment was then adopted.
The motion of Rep. WALDROP to reconsider the vote whereby Amendment No. 118 was tabled was taken up.
Rep. BRUCE moved to table the motion to reconsider, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 14Q was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 289 (Doc Name L:\h-wm\legis\amend\JCJ.WB1), which was adopted.
Amend the bill, as and if amended, Part I, Section 14Q, Budget and Control Board Employee Benefits, Page 142, Line 23, Opposite /Health Insurance - State Emp/ by decreasing the line in column (7) $200,000 and in column (8) $200,000
Renumber sections & amend totals/title to conform.
Section 14Q as amended was adopted.
Rep. BOAN gave notice of intention to offer amendments on third reading, if necessary.
Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.
Debate was resumed on Section 128.
Section 128 was adopted.
Rep. CARNELL spoke on the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Barber Baxley Beasley Bennett Boan Burch, K. Cobb-Hunter Cromer Delleney Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harrelson Harris, J. Harris, P. Harvin Harwell Hodges Holt Houck Hyatt Inabinett Jaskwhich Jennings Johnson, J.C. Kempe Kennedy Keyserling Kinon Kirsh Klapman Martin, D. Martin, M. Mattos McAbee McCraw McElveen McGinnis McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers Ross Rudnick Scott Sheheen Taylor Tucker Waites Waldrop Whipper White Wilder Williams, J.
Those who voted in the negative are:
Baker Brown, H. Bruce Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Council Fair Fulmer Gonzales Hallman Harrison Haskins Huff Koon Littlejohn Manly Marchbanks Martin, L. Meacham Quinn Rama Riser Sharpe Shirley Shissias Smith Stone Sturkie Townsend Vaughn Wells Wilkes Wilkins Wofford Wright Young, A. Young, R.
So, the Bill, as amended, was read the second time and ordered to third reading.
Lanford (Present) Nay
G. Brown (Absent) Aye
I voted against H-4500, the General Appropriations Bill, because it places a tax of $1,186.00 per year on every nursing home patient, some of them being the sickest of the sick in South Carolina. It also places an additional tax of $8,500,000.00 on the hospitals of South Carolina which will be passed on to every hospital patient.
Further, I do not feel the bill provides the services that the citizens of our state deserve.
Rep. MARION P. CARNELL
I voted against H-4500, the General Appropriations Bill, because it places a tax of $1,186.00 per year on every nursing home patient, some of them being the sickest of the sick in South Carolina. It also places an additional tax of $8,500,000.00 on the hospitals of South Carolina which will be passed on to every hospital patient.
Further, I do not feel the bill provides the services that the citizens of our state deserve.
Rep. CHARLES SHARPE
I abstained from voting both in committee and in debate on the floor of the House, due to conflicts or potential conflicts of interest on the following Sections of H. 4500, the General Appropriations Bill:
Section 5 Governor's Office
Section 7 Secretary of State's Office
Section 10 Attorney General's Office
Section 13 Election Commission
Section 14A Budget & Control Board: Executive Section
Section 14G Budget & Control Board: General Services
Section 14J Budget & Control Board: Insurance Services
Section 14L Budget & Control Board: Local Government Division
Section 39 Dept. of Health and Environmental Control
Section 48 Housing Authority
Section 49 Human Affairs Commission
Section 53 Probation, Parole & Pardon Board
Section 57 Water Resources Commission
Section 64 Coastal Council
Section 68 Economic Development Coordinating Council
Section 69 Jobs Economic Development Authority
Section 73 Public Service Commission
Section 74 Workers' Compensation Commission
Section 75 Workers' Compensation Fund
Section 76 Patients' Compensation Fund
Section 77 Second Injury Fund
Section 78 Department of Insurance
Section 79 Financial Institution Board
Section 81 Department of Labor
Section 82 Tax Commission
Section 83 Alcoholic Beverage Control Commission
Section 84 Ethics Commission
Section 85 Employment Security Commission
Section 93 Contractors' Licensing Board
Section 96 Board of Foreclosure Registration
Section 97 Environmental Certification Board
Section 98 Board of Foreclosure Registration
Section 103 Nursing Home Administration
Section 112 Real Estate Commission
Section 113 Residential Home Builders Commission
Section 118 Procurement Review Board
I wish to have my recusal noted for the record in the House Journal.
The reasons for abstaining relate to representation by me and/or members of my law firm of clients before particular agencies, and/or the existence of contracts for services between me and/or members of my law firm and particular agencies.
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4500 General Subject Matter: General Appropriation Bill, 1992-93.
S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Compreshensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. ALEX HARVIN, III
Rep. BOAN moved that the House do now adjourn, which was adopted.
At 8:15 A.M., Friday, March 13, the House in accordance with the motion of Rep. CORBETT adjourned in memory of Mr. Stokes Chestnut, to meet at 12:00 Noon Tuesday, March 17 in Statewide Session.
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