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, Heavenly Father, before Whose greatness we bow and into Whose presence we come, illumine our hearts and minds with the sure light of Your Word. As we acknowledge our inadequacy, cause us to lean heavily upon You as our Stay and Support. Enable us to see clearly, to walk uprightly, to endure patiently, and always accept life as a gift, a grand privilege, and an opportunity for heroic endeavor. Endow us with keen insight, with good judgment, and with a right sense of values - ever ready to follow Your beckoning.
Thank You, Lord, for this privilege of prayer. 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 Rep. L. PHILLIPS.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 884 -- Senators J. Verne Smith, Horace C. Smith, McLeod, Leatherman, N. Smith, Theodore and Saleeby: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3535 -- Rep. Lockemy: A BILL TO AMEND ARTICLE 7, CHAPTER 17, OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURES FOR JUDICIAL COMMITMENT, BY ADDING SECTION 44-17-660 SO AS TO PROVIDE THAT MONIES APPROPRIATED TO IMPLEMENT THE PROVISIONS OF ARTICLE 7, CHAPTER 17, OF TITLE 44 MAY BE PAID TO A STATE EMPLOYEE IF THE EMPLOYEE IS NOT PERFORMING HIS OFFICIAL DUTIES AS A STATE EMPLOYEE.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3430 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE RECORDS AND TO THE NONDISCLOSURE OF IDENTIFIABLE INFORMATION PERTAINING TO JUVENILES SO AS TO PERMIT THE DEPARTMENT OF YOUTH SERVICES TO PHOTOGRAPH JUVENILES IN ADDITION TO ITS AUTHORITY TO FINGERPRINT JUVENILES, TO ALLOW THE DEPARTMENT TO FURNISH THESE PHOTOGRAPHS AND FINGERPRINTS TO LAW ENFORCEMENT AGENCIES AND THE MISSING PERSONS INFORMATION CENTER FOR CERTAIN PURPOSES, AND TO DELETE OUTDATED REFERENCES TO THE DEPARTMENT OF JUVENILE PLACEMENT AND AFTERCARE.
Ordered for consideration tomorrow.
Rep. HAWKINS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3445 -- Reps. Blackwell, Beasley, Foxworth, McBride, Klapman, Cooper, Simpson, P. Harris, Kay, K. Bailey, T. Rogers, J. Anderson, L. Martin, Hayes, Mitchell, Day, Winstead, Lake, Shelton, Mattos, Gregory, Taylor, Townsend, Tucker, Woodruff, O. Phillips, Limehouse, Griffin, L. Phillips, Cork, Mangum, McKay, Barfield, J. Arthur, G. Bailey, R. Brown, Kirsh, Foster, Jones, McLellan, Washington, Rawl, Rice, Ferguson and Fair: A BILL TO AMEND ACT 462 OF 1978, AS AMENDED, RELATING TO THE DEFINITION OF HANDICAPPED PERSONS FOR PURPOSES OF FREE PARKING FOR THESE PERSONS SO AS TO REVISE THIS DEFINITION.
Ordered for consideration tomorrow.
Rep. SNOW, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3107 -- Rep. Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-615 SO AS TO MAKE IT UNLAWFUL TO CULTIVATE OR ATTEMPT TO CULTIVATE MARIJUANA ON THE LAND OF ANOTHER AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3665 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY YEARS OF DEDICATED SERVICE OF BEN G. ALDERMAN, JR., OF MANNING, CLARENDON COUNTY, AS A DIRECTOR OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND TO DESIGNATE HIM DIRECTOR EMERITUS OF THE AUTHORITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3666 -- Rep. Alexander: A CONCURRENT RESOLUTION SALUTING EMMIE S. FULMER OF GREENVILLE COUNTY, AN OUTSTANDING LADY OVER ONE HUNDRED SEVEN YEARS OLD, FOR A LIFETIME OF CONTRIBUTIONS TO THE COMMUNITIES IN WHICH SHE HAS LIVED.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3667 -- Rep. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. LUGENIA BATES OF FOUNTAIN INN, GREENVILLE COUNTY, FOR HER ONE HUNDRED THREE YEARS OF A PRODUCTIVE, USEFUL, AND FULFILLING LIFE AND TO EXTEND BEST WISHES FOR GOOD HEALTH AND WELL-BEING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3676 -- Rep. W. Arthur: A CONCURRENT RESOLUTION TO CONGRATULATE THE HARTSVILLE HIGH SCHOOL LADY FOXES OF DARLINGTON COUNTY, ON CAPTURING THE AAAA BASKETBALL STATE CHAMPIONSHIP AND TO RECOGNIZE HEAD COACH PAT HEWITT AND ASSISTANT COACHES PHYLLIS GRIGGS AND DEBRA SMITH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3677 -- York County Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM BAYLES MACK, ESQUIRE, OF FORT MILL, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3678 -- Rep. Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE OUTRAGE OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE SENSELESS MURDER OF BILLY EARL CASEY, JR., OF PELION WHILE WORKING AT A LEXINGTON COUNTY CONVENIENCE STORE AND TO EXPRESS DEEPEST SYMPATHY TO HIS FAMILY IN THIS TIME OF SORROW.
Whereas, the members of the General Assembly were deeply shocked and saddened to learn of the tragic murder of Billy Earl Casey, Jr., of Pelion early Tuesday morning, March 18, 1986; and
Whereas, he was working alone at a convenience store on South Carolina Highway No. 6 in Lexington County when, apparently during a robbery attempt, he was murdered with a shotgun fired at very close range; and
Whereas, it is hard for reasonable people to understand why any human being would senselessly and without justification take the life of another person in this manner; and
Whereas, the members of the General Assembly would like to express their deep sense of outrage at this senseless murder and call on all appropriate law enforcement officials to do everything possible to bring this criminal to justice; and
Whereas, the members of the General Assembly, by this resolution, would also like to offer their sincerest condolences to the members of the Casey family at this time of deep sorrow. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their outrage at the senseless murder of Billy Earl Casey, Jr., of Pelion while working at a Lexington County convenience store and further express their deepest sympathy to his family in this time of sorrow.
Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Casey.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3668 -- Agriculture and Natural Resources Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 46-21-260 AND 46-21-270 SO AS TO PROVIDE FOR ACTIONS AGAINST SEED DEALERS WHEN THE SEEDS THEY SELL DO NOT PRODUCE OR PERFORM AS REPRESENTED BY THEIR LABELS AND TO CREATE AN ARBITRATION COMMITTEE TO ASSIST FARMERS AND SEED DEALERS IN DETERMINING THE VALIDITY OF COMPLAINTS AND TO SET DAMAGES IF ANY.
Without reference.
H. 3669 -- Reps. Rhoad, J. Anderson, Koon, Blanding, McBride, Kay, G. Bailey, Cork, White, Williams, Mitchell, K. Bailey, Washington, H. Brown and Foxworth: A BILL TO AMEND SECTIONS 50-11-310, 50-11-660, 50-11-680, 50-11-850, 50-11-910, 50-11-970, AND ACTS 395 OF 1978, AND 626 OF 1976, ALL AS AMENDED, RELATING TO OPEN SEASONS FOR THE TAKING OF ANTLERED DEER, SO AS TO PROVIDE A SINGLE STATEWIDE OPEN SEASON FROM SEPTEMBER FIRST TO JANUARY FIRST, INCLUSIVE; AND TO REPEAL SECTION 50-11-990 OF THE 1976 CODE RELATING TO HUNTING DEER IN WILLIAMSBURG COUNTY.
Referred to Committee on Agriculture and Natural Resources.
H. 3670 -- Reps. P. Bradley, Toal, O. Phillips, Hawkins, Ferguson, Davenport, Gregory and Wilkins: A BILL TO AMEND TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY, BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA SWIMMING POOL CONTRACTORS' REGULATION ACT OF 1986" AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Labor, Commerce and Industry.
H. 3671 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-9-10, 50-9-120, 50-9-130, 50-9-150, 50-9-450, 50-9-460, 50-9-470, 50-9-500, ALL AS AMENDED, AND SECTIONS 50-9-15, 50-9-135, 50-9-140, AND 50-9-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO HUNTING AND FISHING LICENSES, GAME MANAGEMENT AREA PERMITS, SO AS TO IMPOSE OR INCREASE FEES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-145, 50-9-455, AND ARTICLE 8 TO CHAPTER 11 OF TITLE 50, SO AS TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGEMENT AREA LANDS AND IMPROVEMENTS ON THEM.
Without reference.
Rep. HOLT raised the Point of Order that the Bill raised revenue and must be referred to the Committee on Ways and Means.
The SPEAKER stated he would research the Point and subsequently render a ruling.
H. 3672 -- Reps. Evatt, Wilkins and Beasley: A BILL TO AMEND SECTION 12-7-435, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS ALLOWED IN DETERMINING SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW A TWO THOUSAND DOLLAR DEDUCTION TO A TAXPAYER WHO HAS ADOPTED A "SPECIAL NEEDS CHILD" AND FURNISHES THE CHILD'S CHIEF SUPPORT, AND TO DEFINE THE TERM "SPECIAL NEEDS CHILD".
Referred to Committee on Ways and Means.
H. 3673 -- Reps. Elliott, Pearce and Thrailkill: A BILL TO AMEND SECTION 7-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OR PLEDGE OF CANDIDACY IN PARTY PRIMARIES, SO AS TO CHANGE THE DEADLINE FOR FILING THE NOTICE OR PLEDGE; AND TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO ENTRIES OF PERSONS OFFERING FOR NOMINATION IN PARTY PRIMARIES, SO AS TO CHANGE THE OPENING AND CLOSING DATES FOR THE ENTRIES.
Referred to Committee on Judiciary.
H. 3674 -- Reps. Brett, Shelton, Petty, Alexander, P. Bradley, Rice, L. Phillips, Davenport, Mattos, Fair and Wilkins: A BILL TO AMEND SECTION 56-5-2360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF VEHICLES UPON THE APPROACH OF EMERGENCY OR POLICE VEHICLES, SO AS TO FURTHER PROVIDE FOR THOSE CIRCUMSTANCES WHEN DRIVERS OPERATING VEHICLES MUST YIELD THE RIGHT-OF-WAY TO EMERGENCY OR POLICE VEHICLES.
Referred to Committee on Education and Public Works.
H. 3675 -- Reps. Kirsh, Klapman, Lloyd Hendricks and Holt: A BILL TO AMEND CHAPTER 1 OF TITLE 55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS FOR AERONAUTICS, BY ADDING SECTION 55-1-100 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE OR ACT AS A CREWMEMBER OF ANY AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, TO PROVIDE FOR BLOOD ALCOHOL TESTS AND IMPLIED CONSENT TO THE TESTS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO DEFINE CREWMEMBER.
Referred to Committee on Education and Public Works.
The SPEAKER, in reference to Rep. HOLT's Point of Order that H. 3671 must be referred to the Committee on Ways and Means as it raises revenue, stated that after reading Rule 4.4, the rule only applies to bills directly appropriating money, that the Bill in question does not appropriate money, and he overruled the Point of Order.
Rep. HOLT moved to commit the Bill to the Committee on Ways and Means.
Rep. McTEER moved to table the motion and demanded the yeas and nays, which were not ordered.
The motion was tabled by a division vote of 48 to 14.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Bradley, J. Bradley, P. Brett Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Freeman Gordon Harris, J. Harris, P. Hawkins Hayes Helmly Hendricks, B. Hendricks, L. Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McKay McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Simpson Stoddard Taylor Thrailkill Toal Townsend Tucker Washington White Williams Winstead
I came in after the roll call and was present for the Session on March 20, 1986.
Jack Gregory Larry E. Gentry L. Edward Bennett D.N. Holt, Jr. Rick Rigdon Tom Limehouse Frank Gilbert Dave C. Waldrop, Jr. Tom Marchant Lenoir Sturkie Thomas E. Huff John Burriss John J. Snow, Jr. Charles L. Griffin III Tom G. Woodruff, Jr. David Wilkins T.M. Burriss Larry Blanding Paul Short Jarvis Klapman
STATEMENT OF ATTENDANCE
Reps. BARFIELD and SNOW signed a statement with the Clerk that they came in after the roll call and were present for the Session on Wednesday, March 19, 1986.
The SPEAKER granted Reps. EDWARDS and HARVIN a leave of absence for the day.
The following Bill was taken up.
H. 2767 -- Reps. Sharpe, M.D. Burriss and Jones: A BILL TO AMEND SECTION 44-61-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF EMERGENCY MEDICAL TECHNICIANS, SO AS TO DELETE THE REQUIREMENT FOR RECERTIFICATION EVERY THREE YEARS.
Rep. K. BAILEY objected to the Bill.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3621 -- Reps. Wilkins, P. Bradley, Blackwell, Rice, Mattos, Alexander, Fair, Brett, L. Phillips and Shelton: A BILL TO PROVIDE FOR THE FILLING OF A VACANCY ON THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for Ratification.
S. 1110 -- Senators Leventis and Moore: A BILL TO AMEND ACT 189 OF 1985, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO CHANGE THE EFFECTIVE DATE OF THAT ACT.
The following Joint Resolution was taken up.
H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.
Rep. SHEHEEN moved to adjourn debate upon the Resolution.
Rep. HAWKINS moved to table the motion which was agreed to by a division vote of 37 to 10.
Reps. GORDON, DANGERFIELD and SHEHEEN objected to the Bill.
The following Bill was taken up.
H. 3142 -- Reps. Hayes, S. Anderson, Lockemy, McAbee, McKay and Rawl: A BILL TO AMEND SECTION 56-3-1820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO AUTHORIZE THEIR ISSUANCE FOR RETIRED MEMBERS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 2972R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-1815. The Department may issue special motor vehicle license plates to retired members of the South Carolina National Guard, if the applicant for a special license plate is certified as a retired member of the National Guard by the Adjutant General."
SECTION 2. Section 56-3-1820 of the 1976 Code is amended to read:
"Section 56-3-1820. The special license plates shall must be of the same size and general design of regular motor vehicle license plates, upon which shall must be imprinted 'National Guard' and the figure of the 'Minute Man,', together with such numbers as the Department department may determine. Special license plates for retired members of the National Guard must denote the member's retired status in the location and manner determined by the department. The annual fee for the special license plates is fifteen dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. Such The plates shall must be issued for annual periods from November first to October thirty-first."
SECTION 3. Section 56-3-1830 of the 1976 Code is amended to read:
"Section 56-3-1830. Such license License plates issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department department. It shall be is unlawful for any person to whom such the plates have been issued to knowingly permit them to be displayed on any vehicle except the one authorized by the Department department. If a holder of such special license plates shall cease ceases to be an active member of the National Guard he shall immediately return such the plates to the Department department."
SECTION 4. This act shall take effect upon approval by the Governor./
Amend title to conform.
Rep. SIMPSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SIMPSON, with unanimous consent, it was ordered that H. 3142 be read the third time tomorrow.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 731 -- Senator E. Patterson: A BILL TO AMEND SECTION 59-63-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINGERPRINTING OF PUBLIC SCHOOL STUDENTS, SO AS TO DELETE PROVISIONS RELATING TO SCHOOL BOARD CONTROL OF FINGERPRINT RECORDS.
On motion of Rep. L. PHILLIPS, with unanimous consent, it was ordered that S. 731 be read the third time tomorrow.
The SPEAKER granted Rep. STODDARD a temporary leave of absence to attend a Highway Commission Meeting.
Debate was resumed on the following Bill, the pending question being the consideration of Section 16I.
H. 3550--THE GENERAL APPROPRIATIONS BILL
Debate was resumed on Amendment No. 21, which was introduced on Wednesday, March 12, by Rep. THRAILKILL.
Rep. THRAILKILL moved to table the amendment which was agreed to.
Rep. B.L. HENDRICKS proposed the following Amendment No. 263 (Doc. No. 3083R), which was tabled.
Reference is bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SECTION 16I (B & C-LOCAL GOVERNMENT DIVISION), page 156, by adding at the end:
/Provided, That grant requests for water and/or sewer projects must be given priority over all other requests./
Amend totals and title to conform.
Rep. B.L. HENDRICKS explained the amendment.
Rep. LOCKEMY asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. B.L. HENDRICKS asked unanimous consent to amend the amendment at the desk.
Rep. TOAL objected.
Rep. B.L. HENDRICKS continued speaking.
Rep. WASHINGTON spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 52 to 17.
Rep. McABEE proposed the following Amendment No. 301, which was adopted.
Amend as and if amended, Part I, Section 16I, B&CB-Local Government, p. 155 by deleting all new items added after line 25 and before line 26, columns (7) and (8).
Amend Further by striking on Line 20 Column (7) and (8) 5,982,000 and inserting therefor 6,500,000.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 161, which was introduced on Wednesday, March 12, by Reps. B.L. HENDRICKS, SIMPSON and L. MARTIN.
Rep. B.L. HENDRICKS moved to table the amendment which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 165, which was tabled.
Amend as and if amended.
Section 16I, Part I. By adding the following:
$150,000 for city of Lynchburg Sewer System.
Amend to conform.
Rep. G. BROWN explained the amendment.
Rep. McABEE moved to table the amendment which was agreed to.
Rep. T. ROGERS moved to adjourn debate upon the Section, which was rejected.
The question then recurred to the adoption of the Section, as amended, which was agreed to.
Debate was resumed on Section 16.
Rep. T. ROGERS proposed the following Amendment No. 86 (Doc. No. 2584R), which was tabled.
Amend the bill, as and if amended, page 171, Part I, Section 16, left column, line 3, by striking /in the Columbia SMSA,/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment which was agreed to.
Rep. T. ROGERS proposed the following Amendment No. 97 (Doc. No. 2769R), which was tabled.
Amend the bill, as and if amended, SECTION 16, page 171, right column, by striking on lines 42 and 43 /, for those agencies or sections of agencies awarding variable pay increase,/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 152 (Doc. No. 2779R), which was adopted.
Amend the bill, as and if amended, Section 16, page 168, left-hand column, by deleting lines 39 through 45 and in the right-hand column lines 1 through 23.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. McABEE spoke against the amendment and moved to table the amendment.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, S. Arthur, J. Bailey, G. Brown, G. Brown, J. Carnell Elliott Faber Fair Ferguson Freeman Gilbert Harris, P. Helmly Hendricks, B. Holt Lake Martin, L. McAbee McBride McKay Rhoad Rogers, T. Simpson Taylor Toal Tucker Washington White
Those who voted in the negative are:
Alexander Altman Anderson, J. Aydlette Bailey, K. Beasley Bennett Blackwell Boan Bradley, P. Brett Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Dangerfield Davenport Day Derrick Foxworth Gentry Gordon Gregory Hawkins Hayes Hearn Hendricks, L. Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Koon Lewis Limehouse Lockemy Martin, D. Mattos McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rigdon Russell Sheheen Shelton Short Sturkie Thrailkill Townsend Waldrop Winstead
So, the House refused to table the amendment.
I intended to vote against tabling this amendment.
Rep. J. TOAL
Rep. T. ROGERS
I wish to be recorded as voting in favor of the SHEHEEN amendment.
Rep. M. DUKE CLEVELAND
I wish to be recorded as voting in favor of the SHEHEEN amendment. I inadvertently voted incorrectly.
Rep. E.W. SIMPSON
I abstain from voting on Amendment No. 152.
Rep. JEAN HARRIS
I misinterpreted the question call on the SHEHEEN motion and voted yes in error. My intent on the question was a no vote on the insurance question.
Rep. DICK ELLIOTT
I was inadvertently recorded as voting to table amendment No. 152. I wish to be recorded as voting in favor of the amendment.
Rep. MIKE FAIR
The question then recurred to the adoption of the amendment, which was agreed to.
Section 16 as amended was adopted.
Debate was resumed on Section 17.
Rep. J.C. JOHNSON proposed the following Amendment No. 304 (Doc. No. 6785, p.10), which was tabled.
Amend, as and if amended, Part I, Section 17, Commission on Higher Education, page 175, by inserting after line 33 the following:
(7) (8)
/II. A. Formula Adjustment
$16,490,739 $16,490,739/.
Amend Further, page 177, left-hand column, by inserting after line 17,: / That the amount appropriated in this section for "Formula Adjustment" shall be distributed to all formula-funded institutions according to the CHE formula./
Amend Title and Totals to Conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment which was agreed to.
Reps. SHEHEEN, WHITE, T. ROGERS, WILLIAMS, FERGUSON, FABER, TAYLOR, FOSTER, OGBURN, TOAL, WASHINGTON, SHELTON, BEASLEY, BLANDING and MITCHELL proposed the following Amendment No. 154 (Doc. No. 2742R).
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, PART I, Section 17, page 175, by inserting immediately after line 36 the following:
(7) (8)
/Undergraduate Grants 200,000 200,000
Graduate Incentive Fellowships 500,000 500,000
Grants for Institutional
Retention Projects 400,000 400,000
Grants for Public School
District Projects 50,000 50,000/
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. WASHINGTON spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. MANGUM spoke in favor of the amendment.
Rep. MANGUM moved to adjourn debate upon the amendment, which was adopted.
Rep. SHEHEEN moved to adjourn debate upon the Section, which was adopted.
The SPEAKER Pro Tempore granted Rep. L. PHILLIPS a leave of absence for the remainder of the day.
Debate was resumed on Section 30.
Rep. LIMEHOUSE proposed the following Amendment No. 227 (Doc. No. 2932R), which was tabled, later reconsidered and adopted.
Reference is to the bill introduced by the Ways and Means Committee.
Amend the bill, as and if amended, PART I, page 365, by inserting opposite /SUPERINTENDENTS/ in columns 7 and 8 /104,712/.
Amend further, PART I, page 386, left column, by striking on line 28 /Dorchester/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE moved to table the amendment which was agreed to.
Reps. J.C. JOHNSON and HUFF proposed the following Amendment No. 289 (Doc. No. 3122R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in Part I, Section 30, State Education Department, page 373, by inserting in Column 7 opposite /incentive pay/ on line 25: /10,000,000/.
Amend further, Part I, Section 30, State Education Department, p. 378, by inserting in Column 7 opposite /ALLOC ED IMPV-CONSTRUCTION AND RENOVATION/ on line 24: /16,838,978/.
Amend totals and title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. LEWIS spoke against the amendment.
Rep. J.C. JOHNSON asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. LEWIS continued speaking.
Rep. LEWIS continued speaking.
Rep. SIMPSON spoke in favor of the amendment.
The ACTING SPEAKER KLAPMAN granted Rep. DAY a leave of absence for the remainder of the day.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. FOXWORTH spoke against the amendment.
Rep. J.C. JOHNSON spoke in favor of the amendment.
Rep. LEWIS spoke against the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. SHEHEEN spoke upon the amendment.
Rep. FOXWORTH moved to reconsider the vote whereby Amendment No. 227 was tabled and the motion was noted.
Reps. McTEER and O. PHILLIPS spoke in favor of the amendment.
Rep. LEWIS moved to table the amendment.
Rep. J.C. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Beasley Bennett Bradley, P. Brett Brown, R. Burriss, J.H. Burriss, T.M. Cork Faber Fair Ferguson Foxworth Gilbert Harris, J. Hawkins Hearn Holt Keyserling Lewis McBride McLeod Neilson Nettles Rawl Rigdon Rogers, J. Rogers, T. Sheheen Shelton Short Sturkie Taylor Waldrop Washington Wilkins Winstead
Those who voted in the negative are:
Schwartz Alexander Anderson, J. Anderson, S. Arthur, J. Aydlette Bailey, G. Barfield Blackwell Boan Brown, G. Brown, H. Carnell Chamblee Cleveland Cooper Dangerfield Davenport Derrick Elliott Felder Foster Gentry Gregory Harris, P. Hayes Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lake Limehouse Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McKay McTeer Mitchell Moss Pearce Petty Phillips, O. Rhoad Rice Russell Sharpe Simpson Snow Thrailkill Toal Townsend Tucker White Woodruff
So, the House refused to table the amendment.
Reps. KEYSERLING and J. ROGERS spoke against the amendment.
Rep. L. MARTIN spoke in favor of the amendment.
Rep. LEWIS spoke against the amendment.
Rep. P. HARRIS raised the Point of Order that the member speaking had already spoken twice previously on the amendment, and was therefore out of order in speaking a third time.
The SPEAKER sustained the Point of Order.
Rep. LAKE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 50 to 34.
Amendment No. 289 to H. 3550. I will refrain from voting on this amendment because my company competes for school construction contracts.
Thank You,
Rep. MICKEY BURRISS
The motion of Rep. FOXWORTH to reconsider the vote whereby Amendment No. 227 was tabled was taken up and agreed to.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. WASHINGTON proposed the following Amendment No. 310 (Doc. No. 3169R), which was adopted.
Amend the bill, as and if amended, Part I, Section 30, State Education Department, page 390, by adding a proviso at the end to read:
/Provided, Further, That funds appropriated in item C of subsection X, Education Improvement Act, for teachers' salaries must be distributed to those teachers eligible pursuant to subitem 4 of item (b) of subsection (4) of Act 163 of 1977, however, continued employment is allowed for those teachers receiving an overall rating of satisfactory or its equivalent on a school district's official evaluation instrument. Teachers failing to achieve a satisfactory rating on any of the evaluation criteria included in the instrument required pursuant to Act 187 of 1979 shall complete appropriate staff development experiences prescribed by the district superintendent./
Renumber sections to conform.
Amend totals and title to conform.
Reps. WASHINGTON and LEWIS explained the amendment.
The amendment was then adopted.
Section 30 as amended was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 40 was adopted was taken up and agreed to.
Rep. WASHINGTON proposed the following Amendment No. 300 (Doc. No. 3138R).
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, Part I, Section 40, page 437, by adding at the end of the section the following:
/Provided, further, that the State Health and Human Services Finance Commission when distributing Requests for Proposals (RFP's) during fiscal year 1986-87 to private sector bidders for operation of child development and day care services under Title XX programs administered by the Commission may stipulate a contract period in the RFP's in excess of one year but not exceeding three years, the exact contract period to be specified in the RFP, and provided, further, that the Commission is also authorized to enter into a contract with a period in excess of one year but less than 3 years with the successful contract bidder in any such contract entered into during fiscal year 1986-87./
Amend totals and title to conform.
Rep. HELMLY explained the amendment.
Rep. BLACKWELL asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. FOXWORTH moved to adjourn debate upon the Section which was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 41 was adopted was taken up and agreed to.
Reps. SHEHEEN, KEYSERLING, FREEMAN and T. ROGERS proposed the following Amendment No. 279 (Doc. No. 3096R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, Part I, Section 41, page 466, by adding after line 39 the following:
/(7) (8)
MONITORING COMPLIANCE WITH
NUCLEAR WASTE COMPACT
LEGISLATION
Personal Service
New Positions-Classified
Adm. Specialist B 31,160
(2)
Health Physicist I 44,350
(2)
Travel 7,200
Equipment 30,000
Training 10,000
Supplies 10,000
Contractual Services 5,000
Employer Contributions 15,061
Total 152,771/.
Amend totals and title to conform.
Section 41 as amended was adopted.
The SPEAKER granted Rep. McEACHIN a leave of absence for the remainder of the day.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 44 was adopted was taken up.
Rep. McABEE moved to table the motion.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blackwell Boan Bradley, P. Carnell Kirsh Mangum Mattos McAbee Rhoad Taylor
Those who voted in the negative are:
Anderson, S. Arthur, J. Bailey, K. Barfield Beasley Brett Brown, H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Evatt Fair Foster Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Jones Lake Lewis Limehouse Martin, D. McBride McTeer Mitchell Nettles Ogburn Petty Phillips, O. Rawl Rice Rogers, J. Rogers, T. Russell Sharpe Sheheen Shelton Short Toal Tucker White Wilkins Woodruff
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. HAYES, FREEMAN, HEARN, J. ROGERS, K. BAILEY, MITCHELL, FAIR and T. ROGERS proposed the following Amendment No. 287 (Doc. No. 3103R), which was rejected.
Amend the bill, as and if amended, in PART I, Section 44, page 513, by inserting in columns (7) and (8), opposite /Aid to Ent-Alcohol & Drug Match Funds/ on line 15 /1,085,036/ and /1,085,036/ respectively.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. J. ROGERS spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was not agreed to by a division vote of 27 to 50.
Rep. McABEE spoke against the amendment.
Rep. HAYES spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was rejected by a division vote of 33 to 42.
Reps. HAYES, FREEMAN, HEARN, J. ROGERS, K. BAILEY, MITCHELL, FAIR, T. ROGERS, FOSTER, TOAL and SHORT proposed the following Amendment No. 286 (Doc. No. 3102R), which was tabled.
Reference is to as introduced by Ways and Means Committee.
Amend the bill, as and if amended, PART I, Section 44, page 513, by inserting in columns (7) and (8) opposite /Contractual Services/ on line 2 /63,104/ and /56,904/ respectively.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. HAYES spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was agreed to by a division vote of 44 to 20.
Section 44 was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 45 was adopted was taken up and agreed to.
Rep. HAWKINS proposed the following Amendment No. 272 (Doc. No. 5924, Page 1).
Amend, as and if amended, Part I, Section 45, Department of Social Services, page 531, right-hand column, line 01, by striking $470.00 and inserting: $481.00.
Amend Further, page 531, line 03, right-hand column, by striking $445.00, and inserting $456.00.
Amend Further, page 531, line 06, right-hand column, by striking $470.00, and inserting $481.00.
Amend Further, page 531, line 07, right-hand column, by striking $445.00, and inserting $456.00.
Amend Totals and Title to Conform.
Rep. HAWKINS explained the amendment.
Rep. EVATT spoke against the amendment.
Rep. EVATT moved to adjourn debate upon the Section which was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 60 was adopted was taken up and agreed to by a division vote of 41 to 26.
Rep. R. BROWN proposed the following Amendment No. 290 which was adopted.
Amend, as and if amended, Part I, Section 60, Water Resources Commission, page 586, by inserting after line 33 the following:
(7) (8)
/Special Items
Other Professional Services-
Rural Water Association 29,500 29,500/
Amend Title and Totals to Conform.
Rep. R. BROWN explained the amendment.
Rep. McABEE spoke against the amendment.
Reps. WHITE and R. BROWN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was not agreed to by a division vote of 33 to 42.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 60 as amended was adopted.
Debate was resumed on Section 76.
Section 76 was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 67 was adopted was taken up and rejected.
The SPEAKER granted Rep. McLEOD a leave of absence for the remainder of the day.
Rep. SHEHEEN moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow.
Rep. RAWL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Anderson, J. Anderson, S. Beasley Boan Bradley, P. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Dangerfield Davenport Faber Gordon Harris, J. Hearn Huff Johnson, J.C. Johnson, J.W. Jones Lockemy Mangum McAbee McTeer Mitchell Neilson Ogburn Pearce Rigdon Rogers, T. Sharpe Sheheen Thrailkill Toal Tucker White
Those who voted in the negative are:
Alexander Altman Arthur, J. Aydlette Bailey, G. Barfield Blackwell Brett Brown, H. Chamblee Cleveland Cooper Cork Derrick Foxworth Gentry Gilbert Gregory Harris, P. Hawkins Hayes Hendricks, B. Holt Kay Keyserling Kirsh Koon Lake Lewis Limehouse Martin, D. Martin, L. Mattos Moss Nettles Petty Phillips, O. Rawl Rice Rogers, J. Russell Shelton Short Simpson Snow Townsend Waldrop Woodruff
So, the motion was not agreed to.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 71 was adopted was taken up and rejected.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 77 was adopted was taken up and agreed to.
Rep. McABEE proposed the following Amendment No. 271 (Doc. No. 5924, p.15), which was adopted.
Amend, as and if amended, Part I, Section 77, Public Service Commission, page 655, line 13, by inserting in Columns (7) and (8): $/159,758/.
Amend Further, page 655, line 31, by inserting in Columns (7) and (8): $/37,148/.
Amend Further, page 656, line 08, by inserting in Columns (7) and (8): $/40,330/.
Amend Further, page 658, line 09, by inserting in Columns (7) and (8)" $/33,704/.
Amend Further, page 658, line 25, by inserting in Columns (7): $52,197/, and in Column (8): $/38,717/.
Amend Further, page 659, line 03, by inserting in Columns (7) and (8): $/181,878/.
Amend Further, page 659, line 19, by inserting in Columns (7) and (8):/ $56,405/.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted by a division vote of 46 to 5.
Section 77 as amended was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 86 was adopted was taken up and agreed to.
Rep. RAWL proposed the following Amendment No. 257 (Doc. No. 2900R), which was adopted.
Amend the bill, as and if amended, Part I, Section 86, State Tax Commission, p. 690, by adding immediately after line 24 (under "OTHER OPERATING EXPENSES") a new line item, as follows:
/TOTAL GENERAL
FUNDS FUNDS
(7) (8)
PRINTING OF
SPECIAL STATEMENT 1,000 1,000/.
Amend further, p. 695, provisos area, right-hand side of the page, by adding at the end:
/Provided, Further, That with respect to the appropriation under this section for "Printing of Special Statement", the following shall apply: (a) The Tax Commission (Commission) shall prepare a statement setting forth (i) the rights and obligations of the taxpayer and the Commission, (ii) the procedures for appealing adverse decisions, (iii) the procedures for prosecuting refund claims and filing taxpayer's complaints, and (iv) the procedures which the Commission may use in enforcing the tax laws of this State, which statement must be distributed with any tax forms sent by the Commission to taxpayers; (b) a taxpayer must be awarded a judgment of costs, including attorney's fees, accountant's fees, and clerical expenses, if the taxpayer prevails in a proceeding in court; (c) a taxpayer is authorized to take legal action against a Commission official or employee who causes the taxpayer to be deprived of any rights, privileges, or immunities secured by the Constitution and laws of this State or of the United States; (d) a taxpayer may record any interview with the Commission and must be advised by Commission personnel of his rights prior to the interview -- such recording to be at the expense of the taxpayer, the necessary equipment to be provided by the taxpayer, and the taxpayer having the right to have an attorney or certified public accountant present at the interview; (e) the Legislative Audit Council shall audit and investigate the activities of the Commission; and (f) the Commission is prohibited from basing the evaluation of its personnel upon the amount collected from taxpayers as a result of audits or investigations./.
Renumber lines to conform.
Amend totals and title to conform.
Rep. RAWL explained the amendment.
The amendment was then adopted.
Section 86 as amended was adopted.
Debate was resumed on Section 120.
Debate was resumed on Amendment No. 87, which was introduced on Tuesday, March 18, by Reps. J. ROGERS and BEASLEY.
Rep. J. ROGERS moved to table the amendment which was agreed to.
Section 120 was adopted.
Debate was resumed on Section 125.
Rep. GENTRY proposed the following Amendment No. 100 (Doc. No. 2729R), which was adopted.
Amend the bill, as and if amended, Part I, Section 125, Aid to Subdivisions, page 757, by adding the following proviso at the end:
/Provided, Further, That notwithstanding any funds appropriated in this act for inventory tax phase out, monies must be appropriated to fully reimburse all counties in regard to the phase-out of the inventory tax for the use tax year 1985./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GENTRY explained the amendment.
Rep. KIRSH inquired whether the amendment was properly before the House as it referenced other fiscal years than the one for which the Bill was drawn.
The SPEAKER stated it was not proper as it was drawn.
Rep. GENTRY asked unanimous consent to amend the amendment at the desk, which was agreed to.
The SPEAKER granted Rep. RIGDON a leave of absence for the remainder of the day.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Anderson, S. Arthur, J. Aydlette Beasley Blackwell Carnell Cleveland Dangerfield Evatt Foster Gordon Harris, J. Harris, P. Hendricks, B. Holt Keyserling Kirsh Lewis Mangum McAbee McTeer Rawl Rice Rogers, J. Sharpe Simpson Tucker Washington Winstead
Those who voted in the negative are:
Altman Anderson, J. Bailey, G. Barfield Bennett Boan Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Davenport Derrick Faber Fair Ferguson Foxworth Gentry Gregory Hawkins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Kay Koon Lake Lockemy Martin, D. Martin, L. Mattos McKay Moss Neilson Ogburn Pearce Petty Rogers, T. Russell Sheheen Short Snow Stoddard Taylor Toal Townsend Waldrop Wilkins Woodruff
So, the House refused to table the amendment.
Rep. McABEE spoke against the amendment.
The SPEAKER granted Rep. LIMEHOUSE a temporary leave of absence.
Rep. GENTRY spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. GENTRY raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the amendment.
Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anderson, J. Barfield Bennett Boan Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Cooper Cork Davenport Derrick Faber Fair Ferguson Foster Foxworth Gentry Hawkins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Koon Lake Lockemy Martin, L. Mattos McBride Moss Neilson Ogburn Pearce Petty Phillips, O. Rogers, T. Russell Sheheen Shelton Short Taylor Thrailkill Toal Townsend Tucker Waldrop White Winstead Woodruff
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Arthur, J. Blackwell Carnell Dangerfield Gordon Harris, J. Helmly Hendricks, B. Holt Keyserling Kirsh Lewis Mangum McAbee McTeer Rawl Rhoad Rice Simpson Washington
So, the amendment was adopted.
Reps. TOAL, SHEHEEN and H. BROWN proposed the following Amendment No. 285 (Doc. No. 3114R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SECTION 125 (AID TO SUBDIVISIONS), page 756, left hand column, by striking on lines 10 through 15 /Provided, That the above revenues shall be deposited in the General Fund of the State and the total amounts appropriated shall be the maximum allocated and paid to the counties and municipalities of the state in conformity with the percentages or proportions of such revenues prescribed by law./ and inserting:
/Provided, That the above revenues must be deposited in the General Fund of the State, and notwithstanding the amounts appropriated in the various items of this section, must be allocated and paid to the counties and municipalities of the State in conformity with the percentages or proportions of the revenues prescribed by law./; and by striking on lines 18 through 21 /In the event that formula allocations exceed the appropriated amount, the allocation shall be proportionately adjusted to bring allocations into conformity with the appropriation./
Amend totals and title to conform.
Rep. TOAL explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Blackwell Carnell Dangerfield Davenport Harris, P. Keyserling Lockemy Mangum McAbee McTeer
Those who voted in the negative are:
Arthur, J. Bailey, G. Barfield Bennett Boan Bradley, P. Brett Brown, H. Brown, J. Brown, R. Burriss, M.D. Chamblee Cleveland Cooper Cork Derrick Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Hearn Helmly Hendricks, B. Huff Johnson, J.C. Johnson, J.W. Klapman Koon Lake Lewis Martin, D. Martin, L. Mattos Neilson Nettles Ogburn Pearce Petty Phillips, O. Rawl Rice Rogers, T. Russell Sharpe Sheheen Shelton Short Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Winstead Woodruff
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. TOAL moved to reconsider the vote whereby amendment No. 100 was adopted which was agreed to.
Reps. GENTRY, R. BROWN and TOAL proposed the following Amendment No. 100 (Doc. No. 2729R), which was adopted.
Amend the bill, as and if amended, Part I, Section 125, Aid to Subdivisions, page 757, by adding the following proviso at the end:
/Provided, Further, That notwithstanding any funds appropriated in this act, for inventory tax phase out here is hereby appropriated whatever amount is necessary to fully reimburse all counties in regard to the phase-out of the inventory tax for the use tax of year 1985./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOAL asked unanimous consent to amend the amendment at the desk, which was agreed to.
Rep. P. BRADLEY asked unanimous consent to have Rep. R. BROWN'S name added to the amendment, which was agreed to.
The amendment was then adopted.
Debate was resumed on Amendment No. 24, which was introduced on Tuesday, March 18, by Reps. SIMPSON, L. MARTIN and P. HARRIS.
Rep. SIMPSON moved to table the amendment which was agreed to.
Reps. SIMPSON, P. HARRIS and L. MARTIN proposed the following Amendment No. 323 (Doc. No. 3077R), which was tabled.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SECTION 125 (AID TO SUBDIVISIONS), page 756, by inserting immediately after line 35, left hand column:
/Provided, Further, That when any state institution of higher learning is located in, or contiguous to, any municipality, the municipality may use the resident population of the institution in calculating the population of the municipality for purposes of distributing aid to subdivisions./
Amend totals and title to conform.
Rep. SIMPSON explained the amendment.
Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to.
Rep. McABEE moved to adjourn debate upon the Section, which was adopted.
Ways and Means Committee proposed the following Amendment No. 17, which was adopted.
Amend, as and if amended, Part I, Section 128, Revenue Section, page 777, line 21, by striking in the Ways and Means Estimate column: $/25,169,488/. and inserting $/24,944,488/.
Amend Further, line 47, by striking in the Ways and Means Estimate column: $/2,800,000/, and inserting $/3,025,000/.
Amend totals and title to conform.
Rep. McABEE moved to adjourn debate upon the Section, which was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 171 was adopted was taken up and agreed to.
Reps. KIRSH and MANGUM proposed the following Amendment No. 314, which was adopted.
Amend, as and if amended, Part I, Section 171, Page 789, right hand column by deleting the Section in its entirety.
Amend totals and titles to conform.
Rep. MANGUM explained the amendment.
Rep. LEWIS spoke against the amendment.
The amendment was then adopted.
The SPEAKER Pro Tempore granted Rep. SNOW a temporary leave of absence.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 3A was adopted was taken up and agreed to.
Rep. SHEHEEN proposed the following Amendment No. 211 (Doc. No. 2912R), which was adopted.
Amend the bill, as and if amended, Part I, Section 3A, Legislative Department - The Senate, page 7, line 2, by inserting /848,112/ in columns (7) and (8).
Renumber sections to conform.
Amend totals and title to conform.
Section 3A as amended was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 3B was adopted was taken up and agreed to.
Rep. SHEHEEN proposed the following Amendment No. 213 (Doc. No. 2914R), which was adopted.
Amend the bill, as and if amended, Part I, Section 3B, Legislative Department-House of Representatives, page 14, line 17, by inserting /1,540,223/ in columns (7) and (8).
Renumber sections to conform.
Amend totals and title to conform.
Section 3B as amended was adopted.
Debate was resumed on Section 3K29.
Debate was resumed on Amendment No. 264, which was introduced on Wednesday, March 19, by Rep. P. BRADLEY.
Rep. P. BRADLEY explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 43 to 21.
Rep. P. BRADLEY proposed the following Amendment No. 322 (Doc. No. 3249R), which was tabled.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART I, SECTION 3K29 (JT. LEG. COM. ON CULTURAL AFFAIRS), page 61, by inserting immediately after line 10:
(7) (8)
/Study for High School for
the Performing Arts and Sciences
and Math in South Carolina 25,000 25,000/; and by adding at the end on page 61:
/Provided, That the $25,000 appropriated in this section must be used by the Joint Legislative Committee on Cultural Affairs to fund a study to determine the feasibility of establishing a High School for the Performing Arts and Sciences and Math in South Carolina. The committee shall make recommendations to the General Assembly prior to January 31, 1987, on the necessary actions and funding required to establish a High School for the Performing Arts and Sciences and Math in South Carolina./
Amend totals and title to conform.
Rep. P. BRADLEY explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 322 was out of order as it was identical to the previous amendment (No. 264), which had previously been voted on.
The SPEAKER Pro Tempore stated that substantial change had been made, and he overruled the Point of Order.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 41 to 23.
Section 3K29 was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 4 was adopted was taken up and agreed to.
Rep. SHEHEEN proposed the following Amendment No. 212 (Doc. No. 2915R), which was adopted.
Amend the bill, as and if amended, Part 1, Section 4, Judicial Department, page 76, line 16, by inserting /4,161,057/ in columns (7) and (8).
Renumber sections to conform.
Amend totals and title to conform.
Section 4 as amended was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.
Rep. SHEHEEN proposed the following Amendment No. 210 (Doc. No. 2916R), which was adopted.
Amend the bill, as and if amended, Part 1, Section 10, Attorney General's Office, page 100, line 35, by inserting /1,172,263/ in columns (7) and (8).
Renumber sections to conform.
Amend totals and title to conform.
Section 10 as amended was adopted.
Rep. J. ROGERS moved to reconsider the vote whereby Section 16I was adopted.
Reps. ELLIOTT, B.L. HENDRICKS and LEWIS spoke against the motion to reconsider.
Rep. McABEE moved to table the motion which was agreed to.
Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 11:00 A.M. Tuesday, which was not agreed to by a division vote of 43 to 33.
Rep. AYDLETTE moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Aydlette Bennett Bradley, P. Brett Davenport Foxworth Rice
Those who voted in the negative are:
Altman Anderson, J. Anderson, S. Arthur, J. Bailey, G. Bailey, K. Barfield Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Cleveland Cork Dangerfield Derrick Elliott Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Koon Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McKay McTeer Mitchell Neilson Nettles Pearce Petty Phillips, O. Rhoad Rogers, J. Rogers, T. Russell Short Simpson Thrailkill Toal Townsend Tucker Waldrop White Wilkins Winstead Woodruff
So, the House refused to adjourn.
The SPEAKER Pro Tempore granted Rep. BLACKWELL a leave of absence for the remainder of the day for the purpose of attending to constituent business in his home district.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 16M was adopted was taken up and agreed to.
Rep. SHEHEEN proposed the following Amendment No. 303 (Doc. No. 3163R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, Part I, Section 16M, page 166, by adding at the end of the section the following:
/Provided, that if the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during fiscal year 1986-87 projects that revenues at the end of fiscal year 1986-87 will be less than appropriated expenditures for this year, the Budget and Control Board in mandating necessary cuts during fiscal year 1986-87 to eliminate the projected deficit must first reduce to the extent necessary the appropriation herein contained to the Capital Expenditure Fund, prior to mandating any cuts in operating appropriations./
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The SPEAKER Pro Tempore granted Rep. J. ANDERSON a temporary leave of absence.
Rep. McTEER asked unanimous consent that the time of the speaker be extended 3 minutes, which was agreed to.
Rep. SHEHEEN continued speaking.
Rep. McABEE spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was not agreed to by a division vote of 23 to 52.
Rep. MANGUM moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow.
Rep. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, S. Bailey, G. Barfield Bennett Blanding Boan Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Cleveland Dangerfield Davenport Elliott Foster Gentry Gordon Harris, J. Harris, P. Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Lake Mangum Martin, L. Mattos McAbee McTeer Mitchell Ogburn Pearce Rhoad Rogers, T. Sheheen Shelton Short Simpson Stoddard Thrailkill Toal Tucker White Wilkins
Those who voted in the negative are:
Alexander Arthur, J. Aydlette Bailey, K. Beasley Bradley, P. Brett Brown, J. Chamblee Cooper Cork Faber Ferguson Foxworth Gilbert Gregory Hawkins Hayes Jones Kay Lockemy Martin, D. McBride Moss Neilson Nettles Petty Phillips, O. Rawl Rice Rogers, J. Russell Sharpe Taylor Townsend Waldrop Washington Winstead Woodruff
So, the motion was agreed to.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Beasley Bennett Bradley, P. Brown, J. Davenport Faber Foster Foxworth Gordon Kay Lake McBride Mitchell Neilson Phillips, O. Rhoad Rogers, J. Shelton Taylor Winstead
Those who voted in the negative are:
Alexander Anderson, S. Bailey, K. Barfield Blanding Boan Brett Brown, H. Brown, R. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Elliott Evatt Ferguson Gentry Gilbert Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Koon Lockemy Mangum Martin, L. Mattos McAbee McTeer Nettles Ogburn Pearce Petty Rawl Rice Rogers, T. Russell Sharpe Sheheen Short Simpson Stoddard Thrailkill Toal Townsend Tucker Waldrop Washington White Wilkins Woodruff
So the House refused to adjourn.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 16M, as amended was adopted.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 5C was adopted was taken up and agreed to.
Rep. McABEE proposed the following Amendment No. 325, which was adopted.
Amend, as and if amended, Part I, Section 5C--Governor's Office-OEPP page 083, Line 12, as amended by Amendment No. 36, by adding opposite /Contractual Services/ in Column (7): $/2,292,606/, and by adding in Column (8): $/l,000,635/.
Amend Title and Totals to Conform.
Section 5C as amended was adopted.
The SPEAKER Pro Tempore granted Rep. W. ARTHUR a leave of absence from 4:45 P.M. to 6:45 P.M.
Debate was resumed on Section 17.
Debate was resumed on Amendment No. 154, which was introduced on Thursday, March 20, by Reps. SHEHEEN, et. al.
Rep. KIRSH spoke against the amendment.
Rep. KIRSH moved to table the amendment which was not agreed to by a division vote of 33 to 33.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Barfield Bennett Blanding Boan Brown, J. Brown, R. Elliott Faber Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Hawkins Hayes Huff Johnson, J.W. Jones Koon Lockemy Mangum Martin, D. McBride McKay Mitchell Neilson Nettles Pearce Rawl Rhoad Rogers, T. Sheheen Short Taylor Toal Washington Winstead
Those who voted in the negative are:
Schwartz Alexander Anderson, S. Arthur, J. Bailey, G. Bradley, P. Brett Brown, H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Evatt Fair Harris, P. Hearn Helmly Hendricks, B. Hendricks, L. Kay Keyserling Kirsh Klapman Lake Martin, L. Mattos McAbee McTeer Petty Phillips, O. Rice Russell Simpson Thrailkill Townsend Tucker Wilkins Woodruff
So the amendment was rejected.
Section 17 was adopted.
Debate was resumed on Section 40.
Rep. WASHINGTON proposed the following Amendment No. 317 (Doc. No. 3241R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, Part I, Section 40, page 437, by adding at the end of the section the following:
/Provided, further, that the State Health and Human Services Finance Commission when distributing Requests for Proposals (RFP's) during fiscal year 1986-87 to private sector bidders for operation of child development and day care services under Title XX programs administered by the Commission may stipulate a contract period in the RFP's of three years, and provided, further, that the Commission is also authorized to enter into a contract with a period of three years with the successful contract bidder in any such contract entered into during fiscal year 1986-87./
Amend totals and title to conform.
Rep. WASHINGTON explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 300, which was introduced on Thursday, March 20, by Rep. WASHINGTON.
Rep. WASHINGTON moved to table the amendment which was agreed to.
Section 40 as amended was adopted.
Debate was resumed on Section 45.
Rep. TOAL proposed the following Amendment No. 320, which was adopted.
Amend as and if amended, Part I, Sec. 45 DSS, page 531, right hand column, by striking lines 11-14.
Amend titles and totals to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 272, which was introduced on Thursday, March 13, by Rep. HAWKINS.
The amendment was then adopted.
Section 45 as amended was adopted.
Rep. SHEHEEN moved to reconsider the vote whereby Section 17 was adopted and the motion was noted.
Rep. COOPER moved to reconsider the vote whereby Amendment No. 154 was rejected and the motion was noted.
Debate was resumed on Section 58.
Rep. T. ROGERS proposed the following Amendment No. 181 (Doc. No. 2850R), which was adopted.
Amend the bill, as and if amended, Part I, Section 58, by inserting immediately after line 8 on page 579 the following:
Column (7) Column (8)
/New Positions--Classified
ADMIN. SPEC 22,914
(2.00)
PRINT OPER II 11,917
(1.00)
DATA ENTRY II 11,475
(1.00)
VEH. OPR II 10,185
(1.00)
FIELD AUDITOR 15,681
(1.00)
CLERICAL SPEC. A 9,055
(1.00)/
Amend further by inserting in Column 7 opposite /NON-RESIDENT INMATE SECURITY/ on line 12 of page 579: /121,204/.
Amend further by inserting in Column 7 opposite /EQUIPMENT/ on line 21 of page 579: /141,646/.
Amend further by inserting after line 30, page 579, the following:
Column (7) Column (8)
/NEW POSITION-CLASSIFIED
FD. SERV. SUPR. I /22,914
(2.00)/.
Amend further by inserting in Column 7 opposite /SUPPLIES AND MATERIAL/ on line 34 of page 579: /360,000/.
Amend further by inserting in Column 7 opposite /EQUIPMENT/ on line 35 of page 579: /10,000/.
Amend further by inserting immediately following line 4, page 580 the following:
Column (7) Column (8)
/NEW POSITIONS-CLASSIFIED
SUPVR. CONST. SERV. II 11,457
(1.00)
SECURITY OFFICER 13,941
(1.00)
TRADES WORKER 11,917
(1.00)/.
Amend further by inserting in Column 7 opposite /CONTRACTUAL SERVICES/ on line 10 of page 580 /112,500/.
Amend further by inserting in Column 7 opposite /Transportation/ on line 18 of page 580: /18,954/.
Amend further by inserting after line 32, page 580 the following:
Column (7) Column (8)
/NEW POSITIONS-CLASSIFIED
CRIMINOLOGY INSTRCTR 41,276
(2.00)
FIELD AUDITOR 15,681
(1.00)/.
Amend further by inserting in Column 7 opposite /CONTRACTUAL SERVICES/ on line 2 of page 581 /40,000/.
Amend further by inserting in Column 7 opposite /SUPPLIES AND MATERIALS/ on line 3 of page 581 /58,036/.
Amend further by inserting in Column 7 opposite /TRAVEL/ on line 6 of page 581 /5,712/.
Amend further by inserting in Column 7 opposite /EQUIPMENT/ on line 8 of page 581 /36,827/.
Amend further by inserting immediately following line 15 on page 581 the following:
Column (7) Column (8)
NEW POSITIONS-CLASSIFIED
CRIMINOLOGY INSTRCT. 61,914
(3.00)
TRADES WORKER 28,834
(2.00)/.
Amend further by inserting in Column 7 opposite /SUPPLIES AND MATERIALS/ on line 19 of page 581 /145,269/.
Amend further by inserting immediately following line 31 of page 581 the following:
Column (7) Column (8)
/NEW POSITION-CLASSIFIED
ADMIN. SPEC. A 11,457
(1.00)/.
Amend further by inserting in Column 7 opposite /CONTRACTUAL SERVICES/ on line 36 of page 581 the following: /136,968/.
Amend further by inserting in Column 7 opposite /SUPPLIES AND MATERIALS/ on line 37 of page 581: /21,600/.
Amend further by inserting in Column 7 opposite /TRAVEL/ on line 3 of page 582 the following: /24,000/.
Amend further by inserting in Column 7 opposite /EQUIPMENT/ on line 4 of page 582 the following: /14,310/.
Amend further by inserting immediately after line 14 of page 582 the following:
Column (7) Column (8)
NEW POSITION-CLASSIFIED
ATTORNEY II 24,144
(1.00)/.
Amend further by inserting in Column 7 opposite /CONTRACTUAL SERVICES/ on line 17 of page 582: /3,000/.
Amend further by inserting in Column 7 opposite /SUPPLIES AND MATERIALS/ on line 18, page 582 the following: /1,000/.
Amend further by inserting in Column 7 opposite /TRAVEL/ on line 19 of page 582: /1,500/.
Amend further by inserting in Column 7 opposite /BASE PAY INCREASE/ on line 26 of page 582: /59,408/.
Amend further by inserting in Column 7 opposite /EMPLOYER CONTRIBUTIONS/ on line 31 of page 582 the following: /451,031/.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Section 58 as amended was adopted.
The motion of Rep. SHEHEEN to reconsider the vote whereby Section 17 was adopted was taken up.
Rep. McABEE moved to table the motion to reconsider which was not agreed to by a division vote of 18 to 49.
The question then recurred to the motion to reconsider the vote whereby Section 17 was adopted, which was agreed to.
The motion of Rep. COOPER to reconsider the vote whereby Amendment No. 154 was rejected was taken up.
Rep. McABEE spoke against the motion to reconsider.
The SPEAKER granted Rep. NEILSON a leave of absence for the remainder of the day.
The question then recurred to the motion to reconsider the vote whereby the Amendment No. 154 was rejected.
Rep. WASHINGTON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson, S. Aydlette Bailey, K. Barfield Beasley Bennett Blanding Boan Brown, J. Brown, R. Burriss, J.H. Chamblee Cooper Cork Dangerfield Elliott Evatt Faber Ferguson Foster Gentry Gilbert Gordon Gregory Harris, J. Hawkins Hayes Holt Huff Johnson, J.W. Lake Lockemy Mangum Martin, L. McBride McKay McTeer Mitchell Neilson Nettles Ogburn Petty Phillips, O. Rawl Rogers, J. Rogers, T. Sheheen Shelton Short Taylor Toal Townsend Washington White Wilkins Winstead Woodruff
Those who voted in the negative are:
Schwartz Alexander Arthur, J. Bradley, P. Brett Burriss, M.D. Carnell Davenport Harris, P. Hearn Helmly Hendricks, B. Johnson, J.C. Kay Kirsh Mattos McAbee Rice Sharpe Simpson Thrailkill Tucker
So, the motion to reconsider was agreed to.
The amendment was then adopted.
Section 17 as amended was adopted.
Debate was resumed on Section 125.
Rep. TOAL explained the Section.
Section 125 was adopted.
Debate was resumed on Section 16K.
Section 16K was adopted.
Rep. MANGUM proposed the following Amendment No. 5 (Doc. No. 2399R), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, p. 790, Column 1, by striking Section 1 and inserting:
/SECTION 1. The Code Commissioner is directed to include all permanent general laws in this part in the next edition of the Code of Laws of South Carolina and all supplements to the Code./
Renumber sections to conform.
Amend totals and title to conform.
Section 1 as amended was adopted.
Section 2 was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 8 was adopted.
Reps. KIRSH, P. HARRIS and TUCKER proposed the following Amendment No. 206, which was adopted.
Amend, as and if amended, Part II, pages 792 and 793 by deleting Section 9 in its entirety.
Amend Title and Totals to Conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. THRAILKILL and McLELLAN proposed the following Amendment No. 22 (Doc. No. 2419R), 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 ACT 512 OF 1984, AS AMENDED, (THE EDUCATION IMPROVEMENT ACT OF 1984), SO AS TO DELAY BY TWO YEARS, UNTIL 1988-89, THE REQUIREMENT FOR A PUPIL-TEACHER RATIO OF TWENTY-FIVE TO ONE OR LESS IN LANGUAGE ARTS AND MATHEMATICS CLASSES IN GRADES SEVEN THROUGH TWELVE IN SCHOOL DISTRICTS WITH A STUDENT POPULATION IN EXCESS OF NINE THOUSAND.
Section 1 of Subpart 5 of Subdivision B of Division II of Section 9 of Part II of Act 512 of 1984 is amended to read:
"Section 1. Notwithstanding any other provisions of this act, no school district with a student population in excess of 9,000 nine thousand shall receive any remediation funds appropriated hereunder unless each language arts and mathematics class in grades seven through twelve has in 1984-85 a pupil-teacher ratio of thirty students per teacher or less, in 1985-86 a pupil-teacher ratio of twenty-eight students per teacher or less, and in 1986-87 1988-89, and thereafter, a pupil-teacher ratio of twenty-five to one or less."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. THRAILKILL explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 22 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill, and instead related to a section of permanent law.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Rep. WINSTEAD proposed the following Amendment No. 24 (Doc. No. 2641R), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
To Provide That The State Ports Authority And The South Carolina Public Service Authority Shall Become State Agencies Effective With Fiscal Year 1987-88 And As Such Shall Also Become Subject To The State Budgetary Process.
Beginning with fiscal year 1987-88:
(a) The State Ports Authority and the South Carolina Public Service Authority shall become state agencies.
(b) All revenue received by the State Ports Authority and the South Carolina Public Service Authority must be deposited in the general fund of the State.
(c) The General Assembly in the annual general appropriations act shall make appropriations for the operation of the State Ports Authority and the South Carolina Public Service Authority.
(d) The State Budget and Control Board shall provide for the transition of the State Ports Authority and South Caroline Public Service Authority into agencies or departments of this State./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WINSTEAD explained the amendment.
The amendment was then adopted.
Rep. RIGDON proposed the following Amendment No. 66 (Doc. No. 2692R), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
To Amend Section 44-41-70, Code Of Laws Of South Carolina, 1976, Relating To The Authority Of The Department Of Health And Environmental Control To Promulgate Regulations For The Certification Of Hospitals Performing Abortions And For the Certification And Licensing Of Other Facilities Performing Abortions, So As To Define The Term "Facilities" For Purposes Of This Section; and to Add Section 44-41-90, So As to Require The Department Of Health And Environmental Control To Promulgate Regulations To Require Abortion Clinics To Dispose Of The Remains Of Unborn Children In a Humane Manner, Limited to Burial Or Cremation.
A. Subsection (b) of Section 44-41-70 of the 1976 Code is amended to read:
"(b) The Department of Health and Environmental Control shall budget and expend monies to promulgate and enforce regulations for the licensing and certification of facilities other than hospitals as defined in Section 44-41-10(d) wherein abortions are to be performed as provided for in Section 44-41-20(b). 'Facilities' other than hospitals for the purpose of this item (b) are defined as those clinics, facilities, or offices whether or not operated under the auspices of a physician licensed by this State in which a minimum of ten abortions have been performed or will be performed on an average monthly basis."
B. The 1976 Code is amended by adding:
"Section 44-41-90. The Department of Health and Environmental Control shall promulgate regulations which shall require abortion clinics to dispose of the remains of unborn children in a humane manner, limited to burial or cremation./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOLT moved to table the amendment which was agreed to.
Rep. AYDLETTE moved that when the House adjourns it adjourn to meet at 11:00 A.M. Tuesday.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Bradley, P. Brett Cooper Cork Ferguson Foxworth Gregory Hawkins Hayes Jones Lake Moss Petty Phillips, O. Rawl Russell Sharpe Townsend Washington White Winstead
Those who voted in the negative are:
Schwartz Alexander Bailey, G. Barfield Bennett Blanding Boan Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Dangerfield Davenport Elliott Faber Foster Gentry Gilbert Harris, J. Harris, P. Hearn Hendricks, B. Holt Huff Kirsh Klapman Mangum Martin, L. Mattos McAbee McBride McTeer Nettles Ogburn Pearce Rogers, T. Sheheen Short Simpson Stoddard Taylor Thrailkill Toal Tucker
So, the motion was rejected.
Rep. McLELLAN proposed the following Amendment No. 90 (Doc. No. 2739R), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 12, PART II, OF ACT 512 OF 1984, AS AMENDED, RELATING TO ELIGIBILITY FOR THE STATE HEALTH INSURANCE PLAN OF CERTAIN STATE AND SCHOOL DISTRICT EMPLOYEES TERMINATING EMPLOYMENT, SO AS TO PROVIDE THAT SUCH EMPLOYEES WHO TERMINATE EMPLOYMENT WITH AT LEAST FIFTEEN YEARS' SERVICE CREDIT ARE ELIGIBLE FOR THE STATE HEALTH INSURANCE PLAN IF APPLICATION IS MADE BY OCTOBER 1, 1986, AND THE APPLICANT DEMONSTRATES EVIDENCE OF INSURABILITY.
The first paragraph of Section 12, Part II, of Act 512 of 1984 is amended to read:
"A person covered by the State Health Insurance Plan who terminates employment with at least fifteen years' retirement service credit by the State or a school district prior to eligibility for retirement under a state system is eligible for the State Health Insurance Plan effective with the date of retirement under a state retirement system. In order to obtain coverage application must be made by October 1, 1986, and the applicant must demonstrate evidence of insurability."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. FELDER proposed the following Amendment No. 91 (Doc. No. 2639R), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
To Amend Section 12-35-550, As Amended, Code of Laws of South Carolina, 1976, Relating To Exemptions From Sales Tax, So As To Provide That Effective July 1, 1987, Telephone Carrier Access Charges And Customer Access Line Charges Established By The Federal Communications Commission Or the South Carolina Public Service Commission Are Also Exempt From the Sales Tax.
(A) Item (10) of Section 12-35-550 of the 1976 Code is amended to read:
"(10) The gross proceeds from the toll charges for the transmission of voice or messages between telephone exchanges and telegraph messages, and carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission."
(B) This section shall take effect July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL moved to table the amendment which was agreed to.
The SPEAKER granted Reps. SHARPE and JONES a leave of absence for the remainder of the day.
Reps. CORK, G. BAILEY, HOLT, HELMLY, MATTOS, LLOYD HENDRICKS, TAYLOR, LOCKEMY, CHAMBLEE, BLACKWELL, ALEXANDER, RICE, L. PHILLIPS, WILLIAMS, EVATT, SIMPSON, FOSTER, LAKE, HAWKINS, MITCHELL, HARVIN, TOAL, J. ANDERSON, PETTY, W. ARTHUR, M.D. BURRISS, COOPER, HUFF, GREGORY, RUSSELL, KOON, SHORT, WILKINS, WALDROP, CARNELL, FOXWORTH, and P. BRADLEY proposed the following Amendment No. 191 (Doc. No. 2854R) which was adopted:
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, by adding an appropriately numbered section to PART II to read:
TO AMEND CHAPTER 3 OF TITLE 56 BY ADDING ARTICLE 37 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE A LICENSE PLATE WITH AN EMBLEM, SEAL, OR OTHER APPROPRIATE SYMBOL OF A COLLEGE OR UNIVERSITY LOCATED IN THIS STATE; PROVIDE FOR A FEE FOR THE PLATE, AND REQUIRE A PORTION OF THE FEE BE REMITTED TO THE COLLEGE OR UNIVERSITY THAT IS CHOSEN WITH THAT SCHOOL'S EMBLEM, SEAL, OR SYMBOL AND REQUIRE THESE MONIES BE USED EXCLUSIVELY FOR ACADEMIC SCHOLARSHIPS.
Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-3710. The Department of Highways and Public Transportation may issue special motor vehicle license plates to the owners of private motor vehicles registered in their names which may have imprinted on the plate any emblem, seal, or other symbol, the department considers appropriate, of a college or university located in this State. The annual fee for this special license plate is thirty-five dollars. Five dollars of this fee must be remitted to the college or university for each license plate that is chosen with that school's emblem, seal, or symbol which must be placed in a separate fund and used exclusively for academic scholarships. This special license plate must be of the same size and general design of regular motor vehicle license plates. Plates must be issued or revalidated annually for the year beginning December first and ending November thirtieth.
Section 56-3-3720. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the special plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4370. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter, but are cumulative to them. Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CORK explained the amendment.
The amendment was then adopted.
Rep. STODDARD proposed the following Amendment No. 222 (Doc. No. 2864R), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, to be appropriately numbered, to read:
To Amend Article 3, Chapter 31 of Title 23, Relating to Regulation of Pistols By Adding Section 23-31-195 So As To Provide For a Pistol Collectors License To Be Issued By The State Law Enforcement Division and To Provide For The Fee and Qualifications For This License.
The 1976 Code is amended by adding:
"Section 23-31-195. In addition to the licenses and permits the State Law Enforcement Division is authorized to issue pursuant to this chapter, the division may also issue a Pistol Collectors License to any person the division determines after investigation to be a bona fide collector of pistols and not previously convicted of a felony under the laws of this or any other state, which entitles the holder to purchase pistols for his collection notwithstanding the provisions of Section 23-31-140. The fee for the license is fifty dollars. The license period is two years and all licenses expire on July first of the appropriate year. The State Law Enforcement Division shall prescribe the contents of the application for this license. This license does not permit a holder thereof to carry a pistol on his person without securing the other necessary permits required by law."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 253 (Doc. No. 3062R), 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 9 OF PART II OF ACT 512 OF 1984 (THE "SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984"), AS AMENDED, RELATING TO DUTIES OF SCHOOL DISTRICT BOARDS OF TRUSTEES OR ANY OTHER APPROPRIATE GOVERNING BODY AS TO PER PUPIL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS, SO AS TO DELETE THE PROVISION REQUIRING THAT, BEGINNING WITH 1985-86, LOCAL FINANCIAL EFFORT FOR NONCAPITAL PROGRAMS MUST BE ADJUSTED FOR AN INFLATION FACTOR ESTIMATED BY THE DIVISION OF RESEARCH AND STATISTICS, TO DELETE SIMILAR REFERENCES, AND TO MAKE A FURTHER CHANGE IN LANGUAGE.
Section 2 of Division V of Section 9 of Part II of Act 512 of 1984, as last amended by Section 61 of Part II of Act 201 of 1985, is further amended to read:
"Section 2. Unless otherwise authorized or provided herein, school district boards of trustees or any other appropriate governing body of a school district shall maintain at least the level of per pupil financial effort established as provided in Fiscal Year 1983-84.
Thereafter, school district boards of trustees or other governing bodies of school districts shall maintain at least the level of financial effort per pupil for noncaptial programs as in the prior year. The county auditor shall establish a millage rate so that the level of financial effort per pupil for noncapital programs is maintained as a minimum effort. No school district which has not complied with this section may receive funds hereunder. School district boards of trustees may apply for a waiver to the State Board of Education from the requirements of this section if (1) the district has experienced a loss in revenue because of reduction in assessed valuation or property or has had a significant increase in 135 average daily membership, (2) the district has experienced insignificant growth in revenue collections from the previous year. No school district is eligible to apply for a waiver for more than two consecutive years."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. ALEXANDER moved to reconsider the vote whereby Section 86 was adopted and the motion was noted.
Rep. GILBERT proposed the following Amendment No. 255 (Doc. No. 2940R), 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 ACT 163 OF 1977, AS AMENDED, RELATING TO THE EDUCATION FINANCE PROGRAM, SO AS TO PROVIDE THAT TEACHER PAY RAISES MUST BE PROVIDED ONLY TO TEACHERS WHO MEET THE ADDITIONAL ALTERNATE CRITERIA OF RECEIVING AN OVERALL RATING OF AT LEAST SATISFACTORY OR ITS EQUIVALENT ON A SCHOOL DISTRICT'S OFFICIAL EVALUATION INSTRUMENT.
Item (b) of subsection (4) of Section 5 of Act 163 of 1977, as last amended by Section 1, SubPart 2, Subdivision C, Division II, of Section 9 of Part II of Act 512 of 1984, is further amended to read:
"(b) The state minimum salary schedule shall must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year fiscal year 1985, the 1.000 figure in the index will be $14,172. (This figure is based on a 10.27% increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with Fiscal Year fiscal year 1986, the 1.000 figure in the index shall must be adjusted on a schedule to stay at the southeastern average as projected by the Division of Research and Statistical Services and provided to the Budget and Control Board and General Assembly during their deliberations on the annual appropriation bill. Under this schedule, school districts are required to maintain local salary supplements per for each teacher no less than their 1983-84 level. In Fiscal Year fiscal year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule shall must be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:
1. Holding holding a valid professional certificate;
2. Having having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;
3. Meeting meeting the minimum qualifying score on the appropriate area teaching examination; or
4. Meeting meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 2 of Act 187 of 1979; or
5. receiving an overall rating of at least satisfactory or its equivalent on a school district's official evaluation instrument.
Any fees applicable to the required examinations will must be paid by the examinee. The criteria listed in subitems 1 through 4 do not have to be demonstrated by teachers having twenty-five years or more of teaching service as of the effective date of this act in order for their pay raises to be provided."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GILBERT explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 255 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Rep. BARFIELD proposed the following Amendment No. 261 (Doc. No. 3078R), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding the following new section appropriately numbered:
The State Aeronautics Commission shall by March first of each year furnish the county auditor of each county with a list of all aircraft owned by residents and domestic corporations of the county. The Tax Commission shall by regulation establish guidelines for the valuation of these aircraft for tax purposes./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BARFIELD explained the amendment.
Rep. O. PHILLIPS raised the Point of Order that Amendment No. 261 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Rep. TOAL proposed the following Amendment No. 274, which was adopted.
Amend as and if amended, Part II, Permanent Provisions, by adding a new Section No.14 to read as follows:
SECTION A. Section 40-43-230 of the 1976 Code, as amended by Act 300 of 1982, is further amended to read:
"Section 40-43-230. Every person holding a license as a pharmacist or assistant pharmacist shall pay to the secretary or inspector on or before the first day of July in each year a renewal fee of twenty-five thirty-five dollars for which a renewal certificate for one year shall must be issued. In case any person defaults for more than sixty days after the first day of July in each year in paying such this renewal fee and securing a renewal license certificate a penalty of fifty dollars must be paid for such the default. In case such the default shall continue for one year or more then a penalty of one hundred dollars must be paid and collected in addition to the renewal fee before issuing a renewal license. If the delinquency continues for more than two years then the original license shall must be cancelled. Upon payment of a penalty of one hundred fifty dollars and the renewal fees due, the Board may restore such the defaulting member if otherwise in good standing."
SECTION B. Section 40-43-420 of the 1976 Code, as amended by Act 362 of 1980, is further amended to read:
"Section 40-43-420. The fee for a permit to open a new pharmacy shall be is one hundred dollars and for the annual renewal of a permit to operate a pharmacy shall be is thirty fifty dollars."
SECTION C. These funds shall be remitted to the Board of Pharmacy and used by it to fund the appropriations made and provided in Part I, Section 110 and such funds shall first be so utilized before utilizing general funds.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Reps. DAY, HAYES, HUFF J. ROGERS, BEASLEY, WASHINGTON, TUCKER, TOAL, BLACKWELL and TIM ROGERS proposed the following Amendment No. 277 (Doc. No. 2828R), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered as follows:
To Enact The South Carolina Contraband Forfeiture Act of 1986, Which Declares As Contraband And Makes Subject To Forfeiture Any Personal Property Used or Involved in The Commission of a Felony And To Provide That The Money Derived From The Sale Of This Contraband Property Must Be Paid Over To The Law Enforcement Training Council For Use In Its Law Enforcement Training Programs.
(A) This section is known and may be cited as the "South Carolina Contraband Forfeiture Act of 1986".
(B) As used in this section, "contraband article" means any personal property, including, but not limited to, any item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, or currency, which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony in which the forfeiture of the personal property used or involved therein is not otherwise provided for by law.
(C) It is unlawful:
(1) To transport, carry, or convey any contraband article in, upon, or by means of any vessel, motor vehicle, or aircraft.
(2) To conceal or possess any contraband article in or upon any vessel, motor vehicle, or aircraft.
(3) To use any vessel, motor vehicle, or aircraft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.
(4) To conceal or possess any contraband article.
(D)(1) Any contraband article and any vessel, motor vehicle, aircraft, and other personal property which has been or is being used in violation of any provision of this section or in, upon, or by means of which, any violation of this section has taken or is taking place must be seized and is subject to forfeiture in the manner provided in this section. All rights and interest in and title to contraband articles or other property used in violation of this section immediately vest in the State upon seizure by a law enforcement agency of this State, subject only to perfection of title, rights, and interests in accordance with this section. Neither replevin nor any other action to recover any interest in this property may be maintained in any court, except as provided in this section. It is presumed that the vessel, motor vehicle, aircraft, or personal property, in or on which the contraband article is located at the time of seizure, is being used or was intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article.
(2) No property may be forfeited under the provisions of this section if the owner of the property establishes that he neither knew nor should have known after a reasonable injury that the property was being employed or was likely to be employed in criminal activity.
(3) No bona fide lienholder's interest may be forfeited under the provisions of this section if the lienholder establishes that he neither knew nor should have known after a reasonable inquiry that the property was being used or was likely to be used for criminal activity, that the use was without his consent, express or implied, and that the lien had been perfected in the manner prescribed by law prior to the seizure. If it appears to the satisfaction of the court that a lienholder's interest satisfies the above requirements for exemption, the lienholder's interest must be preserved by the court by ordering the lienholder's interest to be paid from the proceeds of the sale as provided in this section.
(E)(1) The solicitor within whose jurisdiction the contraband article, vessel, motor vehicle, aircraft, or other personal property has been seized pursuant to this section shall proceed against the contraband article, vessel, motor vehicle, aircraft, or other personal property after final conviction, including appeals, is obtained or plea entered for the felony involved by filing a petition in the circuit court within the circuit in which the seizure occurred requesting the forfeiture and sale of the seized property and setting out the facts and circumstances of the seizure and the felony committed. The court after hearing shall order the contraband article, vessel, motor vehicle, aircraft, or other personal property forfeited and to be sold by the law enforcement agency making the seizure, upon a finding that the contraband article, vessel, motor vehicle, aircraft, or other personal property was being used in violation of this section. The final order of forfeiture by the court shall perfect the state's right and interest in and title to such property and shall relate back to the date of seizure.
(2) If the property is of a type for which title or registration is required by law, or if the owner of the property is known in fact to the seizing agency at the time of seizure, or if the seized property is subject to a perfected security interest in accordance with the Uniform Commercial Code, the solicitor shall give notice of the forfeiture proceedings by registered mail, return receipt requested, to each person having a security interest in the property and shall publish notice of the forfeiture proceeding once each week for two consecutive weeks in a newspaper of general circulation in the county where the seizure occurred. The notice must be mailed and first published at least four weeks prior to filing the rule to show cause and shall describe the property; state the county, place, and date of seizure; state the name of the law enforcement agency holding the seized property; and state the name of the court in which the proceeding will be filed and the anticipated date for filing the petition. However, the seizing agency is obligated only to make diligent search and inquiry as to the owner of the subject property, and if, after the diligent search and inquiry, the seizing agency is unable to ascertain the owner, the above actual notice requirements by mail with respect to perfected security interests are not applicable.
(3) Upon the order of forfeiture being entered by the court, the head of the law enforcement agency effecting the forfeiture shall cause a notice of the sale to be made by publication and thereafter shall dispose of the property at public auction to the highest bidder for cash without appraisal. The proceeds of sale must be applied: first, to payment of the balance due on any lien preserved by the court in the forfeiture proceedings; second, to payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of the property; third, to payment of the costs incurred by the solicitor; and fourth, to payment of costs incurred by the court. The remaining proceeds must be paid over to the Law Enforcement Training Council for use in its law enforcement training programs.
(4) Upon the sale of any vessel, motor vehicle, or aircraft, the State shall issue a title certificate to the purchaser./
Renumber sections to conform.
Amend totals and title to conform.
Rep. TIM ROGERS explained the amendment.
The amendment was then adopted.
Rep. MATTOS proposed the following Amendment No. 283 (Doc. No. 3092R), which was ruled out of order.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, by adding an appropriately numbered section to Part II which shall read:
TO PROVIDE THAT AT LEAST ONCE EVERY FOUR YEARS, ALL SUPERVISORY PERSONNEL OF THE STATE DEPARTMENT OF EDUCATION AND LOCAL SCHOOL DISTRICTS SHALL TEACH IN THE CLASSROOM AT LEAST THREE COURSES IN THEIR AREA OF CERTIFICATION AND TO PROVIDE EXCEPTIONS.
At least once every four years, all supervisory personnel of the State Department of Education and local school districts shall teach in the classroom at least three courses in their area of certification; the State Superintendent of Education is exempt from this provision. The State Board of Education shall promulgate regulations necessary to implement the provisions of this section. Local school district supervisory personnel shall teach in the schools of the district and State Department of Education supervisory personnel shall teach in those districts designated by the State Board of Education with the consent of the local school district concerned./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MATTOS explained the amendment.
Rep. WASHINGTON raised the Point of Order that Amendment No. 283 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER sustained the Point of Order, and ruled the amendment out of order.
Reps. PEARCE, TOAL, FREEMAN, HUFF, T. ROGERS and KEYSERLING proposed the following Amendment No. 291 (Doc. No. 3104R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, PART II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 12-21-380 OF THE 1976 CODE, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY, SO AS TO INCREASE THE TAX FROM ONE DOLLAR PER FIVE HUNDRED DOLLARS OF CONSIDERATION TO ONE DOLLAR AND TEN CENTS PER FIVE HUNDRED DOLLARS OF CONSIDERATION AND TO PROVIDE THAT THE TEN CENTS INCREASE MUST BE PAID TO THE HERITAGE LAND TRUST FUND.
Section 12-21-380 of the 1976 Code is amended to read:
"Section 12-21-380. A deed, instrument, or writing whereby any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by his direction when the consideration or value of the interest or property conveyed exclusive of the value of any lien or encumbrance remaining thereon at the time of sale exceeds one hundred dollars and does not exceed five hundred dollars must be taxed one dollar and ten cents and for each additional five hundred dollars, or fractional part thereof, one dollar and ten cents, provided, that ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents on the tax on each additional increment of five hundred dollars must be paid to the Heritage Land Trust Fund, and provided, that any deed, instrument, or writing whereby any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the State of South Carolina, or any of its political subdivisions and departments, for highway or other public purposes is exempted from the documentary tax requirements of this section, and any clerk of court or register of mesne conveyances may record these deeds or other instruments without revenue stamps affixed thereto and without penalty."/
Renumber sections to conform.
Amend title to conform.
Rep. TOAL explained the amendment.
Rep. FOXWORTH spoke against the amendment.
Rep. PEARCE spoke in favor of the amendment.
Rep. T.M. BURRISS spoke against the amendment and moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander Arthur, J. Aydlette Barfield Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cleveland Davenport Hearn Hendricks, B. Johnson, J.C. Kay Kirsh Klapman Koon Lake Martin, L. Moss Petty Phillips, O. Simpson Townsend Tucker
Those who voted in the negative are:
Schwartz Altman Anderson, S. Bailey, G. Bailey, K. Beasley Bennett Boan Brett Brown, H. Cooper Cork Dangerfield Elliott Faber Fair Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Hawkins Hayes Helmly Huff Johnson, J.W. Keyserling Lockemy Mangum Martin, D. Mattos McBride McTeer Mitchell Nettles Pearce Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Short Stoddard Toal Wilkins Winstead
So, the House refused to table the amendment.
Rep. SIMPSON moved that the House do now adjourn.
Rep. WINSTEAD 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. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur, J. Aydlette Barfield Bradley, P. Brett Brown, J. Cork Davenport Faber Foxworth Kay Koon Lake Mitchell Petty Phillips, O. Rhoad Simpson
Those who voted in the negative are:
Schwartz Alexander Altman Anderson, S. Bailey, G. Bailey, K. Beasley Bennett Boan Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Dangerfield Elliott Fair Foster Gentry Gilbert Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lockemy Mangum Martin, D. Martin, L. McAbee McBride McTeer Moss Nettles Pearce Rawl Rice Rogers, T. Russell Sheheen Short Stoddard Taylor Toal Townsend Tucker Washington Wilkins Winstead
So, the House refused to adjourn.
Reps. KOON, TOWNSEND and KAY spoke against the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 291 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER Pro Tempore overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Bailey, G. Bailey, K. Beasley Bennett Boan Brown, H. Cooper Cork Dangerfield Evatt Fair Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Hawkins Hayes Helmly Huff Johnson, J.W. Keyserling Lockemy Mangum Martin, D. Mattos McAbee McBride McTeer Mitchell Nettles Pearce Rawl Rhoad Rice Rogers, J. Rogers, T. Sheheen Shelton Short Stoddard Taylor Thrailkill Toal Wilkins Winstead
Those who voted in the negative are:
Anderson, S. Arthur, J. Aydlette Barfield Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Davenport Hearn Hendricks, B. Holt Johnson, J.C. Kay Kirsh Klapman Koon Lake Martin, L. Moss Ogburn Petty Phillips, O. Russell Simpson Townsend Tucker
So, the amendment was adopted.
Rep. SHEHEEN proposed the following Amendment No. 305 (Doc. No. 3166R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, by adding an appropriately numbered section to Part II which shall read:
TO PROVIDE THAT THE BUDGET AND CONTROL BOARD IN MANDATING SPENDING CUTS TO MEET A PROJECTED DEFICIT DURING ANY FISCAL YEAR MUST FIRST REDUCE APPROPRIATIONS TO THE CAPITAL EXPENDITURE FUND FOR THAT YEAR BEFORE MANDATING ANY CUTS IN OPERATING APPROPRIATIONS.
If the Board of Economic Advisors revenue forecast to the Budget and Control Board at any time during a fiscal year projects that revenues at the end of the fiscal year will be less than appropriated expenditures for that year, the Budget and Control Board in mandating necessary cuts during the fiscal year to eliminate the projected deficit must first reduce to the extent necessary the current year's appropriation to the Capital Expenditure Fund as established in Section 11-11-310 of the 1976 Code, including the appropriation to this Fund for fiscal year 1986-87 as contained in Part I, Section 16M of this act, prior to mandating any cuts in operating appropriations./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. FOXWORTH proposed the following Amendment No. 308 (Doc. No. 3151R), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO PROVIDE THAT TEST SCORES PUBLISHED BY THE STATE DEPARTMENT OF EDUCATION DISTINGUISH BETWEEN PRIVATE AND PUBLIC SCHOOLS.
All student grades or scores on Basic Skills Tests, exit examinations, and Scholastic Apptitude Tests (SAT) published by the State Board of Education shall distinguish between private and public school grades and scores./.
Renumber sections to conform.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 308 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER Pro Tempore sustained the Point of Order, and ruled the amendment out of order.
Rep. BARFIELD proposed the following Amendment No. 321 (Doc. No. 3244R), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding the following new section appropriately numbered:
TO AMEND SECTION 59-67-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PASSENGERS ALIGHTING OR ENTERING A SCHOOL BUS, SO AS TO PROVIDE THAT THE DISTRICT BOARDS OF SCHOOL TRUSTEES IN THE STATE PROVIDE VOLUNTEER FLAG PATROLS AT PERIODIC STOPS ALONG THE BUS ROUTE.
Section 59-67-200 of the 1976 Code is amended to read:
"Section 59-67-200. Each school bus must come to a complete stop with clutch disengaged before any passenger is permitted to alight or enter. District boards of school trustees shall recruit volunteer flag patrols to provide safety for passengers alighting or entering a school bus along its route."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WASHINGTON raised the Point of Order that Amendment No. 321 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER Pro Tempore sustained the Point of Order, and ruled the amendment out of order.
Rep. THRAILKILL proposed the following Amendment No. 328 (Doc. No. 3267R), which was ruled out of order.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered section to read:
TO PROHIBIT THE WITHHOLDING OF REMEDIAL FUNDS FOR FAILURE TO COMPLY WITH THE EDUCATIONAL IMPROVEMENT ACT.
No school district's remedial funds authorized under the Educational Improvement Act - Remedial Program in the annual appropriations act, shall be withheld for failure to comply with the provisions of Section 1 of Subpart 5 of Subdivision B of Division II of Section 9 of Part II of Act 512 of 1984 until July 1, 1988./
Renumber sections to conform.
Amend totals and title to conform.
Rep. THRAILKILL explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 328 was not germane to the Bill as it did not directly relate to an appropriation made in Part I of the Bill.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. TOAL raised the Point of Order that Amendment No. 328 was not germane to the Bill as it attempted to amend the Education Improvement Act of 1984, and was not therefore related to an appropriation in Part I of the Bill.
Rep. L. MARTIN argued that the amendment directly related to funds on page 371, line 27, dealing with remedial funds, and was therefore germane.
Rep. TOAL cited Rule 5.3 and stated that it did not directly relate to the line item.
The SPEAKER Pro Tempore sustained the Point of Order, and ruled the amendment out of order.
Reps. SHEHEEN, KEYSERLING, FREEMAN, TOAL and T. ROGERS proposed the following Amendment No. 284 (Doc. No. 3100R), which was adopted.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, by adding an appropriately numbered section to Part II which shall read:
TO PROVIDE CERTAIN SURCHARGES ON LOW-LEVEL RADIOACTIVE WASTE DELIVERED TO THIS STATE FOR DISPOSAL IN THE AUTHORIZED DISPOSAL SITE, AND TO PROVIDE FOR THE MANNER IN WHICH THESE FUNDS TOGETHER WITH OTHER PENALTY SURCHARGES ARE TO BE EXPENDED.
(A) Low-level radioactive waste generated outside of the three sited regions must be assessed a surcharge per cubic foot tendered at the time of delivery to the disposal site. For the calendar years 1986 and 1987, the surcharge is ten dollars per cubic foot. For the calendar years 1988 and 1989, the surcharge is twenty dollars per cubic foot. For the calendar years 1990, 1991, and 1992 the surcharge is forty dollars per cubic foot. This surcharge must be levied on all waste accepted at the site beginning March 1, 1986.
(B) The surcharge must be tendered to the operator at the time of delivery. The Department of Health and Environmental Control shall inform the operator whenever the status of a generator is changed with regard to imposition of penalty surcharges. The operator, on or before the tenth of each month shall deposit these funds collected during the previous month on account with the State Treasurer, and thereafter the State Treasurer shall remit to the Secretary of Energy for the United States on the first day of each month twenty-five percent of the surcharge deposited in the previous month as required by P. L. 99-240, except that no portion of the penalty surcharges levied on states not in compliance with P. L. 99-240, may be remitted to the Secretary. The sum of the portion of the surcharge remaining after transfer to the Secretary and any penalty surcharges must be deposited as follows: One half of each month's collections must be transferred to the General Fund and the remaining one half to a fund entitled the South Carolina Nuclear Waste Regulatory Monitoring Fund. This Nuclear Waste Regulatory Monitoring Fund may be used to carry out the responsibilities imposed upon the Department under this section and P. L. 99-240 and may be used for monitoring the facility subsequent to December 31, 1992; provided, that, in no fiscal year may the Department use more than two hundred fifty thousand dollars of this fund for these purposes. The operator of the facility shall provide to the Department, as requested, information to reconcile the payments of this surcharge with the rate of burial at the facility.
(C) The Department is responsible for implementing the provisions of this section and all other laws applicable to the regulation of low-level radioactive waste to the full extent of state and federal law.
(D) For purposes of this section, the following terms apply:
(1) "Sited region" means a region of the United States including one or more states which at the date of this section had within its boundaries a licensed and operating site for the disposal of low-level radioactive waste pursuant to 42 USC 2021(b) as amended.
(2) "Surcharge" means the per cubic foot charge levied on waste generated out of region by the State of South Carolina pursuant to the authorization of P. L. 99-240.
(3) "Penalty surcharge" means the additional per cubic foot charge levied on waste from regions not in compliance with subpart (e) "Requirements for Access to Regional Disposal Facilities" of P. L. 99-240.
(4) "Operator" means the person who operates a facility.
(5) The definitions contained in Article 3, Chapter 47 of Title 48 of the 1976 Code are also applicable to this section as they apply./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 245 (Doc. No. 2961R), which was tabled.
Reference is to the bill as introduced by the Ways and Means Committee.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-9-150, AS AMENDED, OF THE 1976 CODE, RELATING TO GAME MANAGEMENT AREAS, SO AS TO CHANGE THE NAME OF GAME MANAGEMENT AREAS TO WILDLIFE MANAGEMENT AREAS; TO INCREASE THE MINUMUM AGE OF A PERSON WHO IS REQUIRED TO PURCHASE A WILDLIFE MANAGEMENT PERMIT FROM FOURTEEN TO FIFTEEN, TO INCREASE THE FEES FOR THE PERMITS, TO REGULATE THE LEASING OF WILDLIFE MANAGEMENT LANDS BY THE WILDLIFE AND MARINE RESOURCES COMMISSION; TO AMEND CHAPTER 11 OF TITLE 50 OF THE 1976 CODE BY ADDING ARTICLE 8 SO AS TO PROVIDE FOR SPECIAL HABITAT PERMITS AND TO PROVIDE PENALTIES FOR ABUSE OF WILDLIFE MANAGMENT AREA LANDS AND IMPROVEMENTS ON THEM.
A. Section 50-9-150 of the 1976 Code, as last amended by Section 1 of Act 413 of 1984, is further amended to read:
"Section 50-9-150. The South Carolina Wildlife and Marine Resources Department shall promulgate regulations requiring each person above the age of fifteen years who hunts on wildlife management areas to purchase a permit. The annual cost of a permit is not more than thirty dollars and fifty cents for state residents and not more than seventy-five dollars and fifty cents for nonresidents. The permit is valid for the year in which it is issued. Fifty cents of the permit cost may be retained by the issuing agent and the balance paid to the department. The funds so derived by the department must be retained and used exclusively for the procurement of wildlife management areas by rent, purchase, lease, or exchange and the management of the areas. The number of nonresident permits sold during a particular year shall not exceed the ratio of the number of nonresident permits sold for the previous year versus all permits sold to both residents and nonresidents for the previous year times the total number of permits sold in the previous year to both residents and nonresidents.
The department may not lease any land for the Wildlife Management Area Program which during the preceding twenty-four months has been held under a private hunting lease by a club or individual. This restriction does not apply if the former lessee executes a voluntary consent to the proposed wildlife management area lease or to lands which during the twenty-four months prior to the effective date of this act were in the game management area program. The department may not pay more than the fair market value for any lease acquired under this program. The department may establish open and closed seasons, bag limits, and methods for taking game on all wildlife management areas."
B. Chapter 11 of Title 50 of the 1976 Code, is amended by adding:
Section 50-11-1610. The abuse of wildlife management area land and improvements thereon is unlawful. Any person who damages or destroys wildlife management area land or improvements on them, including, but not limited to roads, vegetation, buildings, structures, or fences or leaves refuse, trash, or other debris on the property or sets, makes, or builds a fire except in an area specially designated by the department or landowner as a campfire area, is guilty of a misdemeanor and upon conviction must be fined the sum of two hundred dollars and be required to make restitution to the landowner in an amount determined by the court to be necessary to repair, rebuild, restore, or cleanup the property to its condition before the abuse occurred. Any person failing to make restitution within the time limit set by the court shall serve a mandatory ten day sentence in the county jail which sentence may not be suspended in whole or in part. The provisions of this section are in addition to other criminal penalties.
Section 50-11-1620. Any person violating the provisions of Section 50-11-1610 shall, in addition to the penalties prescribed, lose the privileges of entering onto wildlife management area land for a period of one year. Any person convicted twice within a three year period of a violation of Section 50-11-1610 or within the same period of time convicted twice of unlawful commercial hunting or fishing on wildlife management area lands, is in addition to the penalties prescribed in Section 50-11-1610 forever barred from obtaining a Wildlife Management Area permit and shall lose his right to hunt and fish within the State for a period of one year. The provisions of this section are in addition to other criminal penalties."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 245 was not germane to the Bill, as it did not directly relate to an appropriation in Part I of the Bill.
The SPEAKER stated that the amendment affected revenue, and he overruled the Point of Order.
Rep. STODDARD moved to table the amendment which was agreed to.
Reps. THRAILKILL, L. MARTIN, B.L. HENDRICKS and H. BROWN proposed the following Amendment No. 331, which was tabled.
Amend as and if amended. Part II, by adding a new section appropriately numbered to read:
Notwithstanding the provisions of Section 1 of Subpart 5 of subdivision B of Division II of Section 9 of Part II of Act 512, no school district with a student population in excess of nine thousand students shall receive less remedial funds appropriated in the Education Improvement Act - Basic Skill Remedial line item - for failure to comply with said provisions until July 1, 1988.
Rep. L. MARTIN explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 331 was not germane as it attempted to amend the Education Improvement Act of 1984 and did not relate to an appropriation in Part I of the Bill.
The SPEAKER stated it did reference a line item in Part I, and he overruled the Point of Order.
Rep. L. MARTIN continued speaking.
Reps. TOAL, WASHINGTON, SHELTON and H. BROWN spoke against the amendment.
Rep. THRAILKILL spoke in favor of the amendment.
Rep. WASHINGTON moved to table the amendment which was agreed to by a division vote of 59 to 10.
Reps. MANGUM and McABEE proposed the following Amendment No. 333 (Doc. No. 3272R), which was adopted.
Amend the bill, as and if amended, Part II, by adding the following new section appropriately numbered:
TO AMEND ITEM (23) OF SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAXES, SO AS TO PROVIDE THAT THE GROSS PROCEEDS OF ALL SUPPLIES AND MACHINERY USED BY COIN-OPERATED LAUNDROMATS IS SUBJECT TO THE LICENSE AND SALES AND USE TAX; AND TO AMEND SECTION 12-35-1130, RELATING TO THE REQUIREMENT THAT CHAPTER 35 OF TITLE 12 SHALL APPLY WITH RESPECT TO THE GROSS PROCEEDS ACCRUING OR PROCEEDING FROM THE BUSINESS OF PROVIDING OR FURNISHING ANY LAUNDERING, DRY CLEANING, DYEING, OR PRESSING SERVICE, SO AS TO PROVIDE FOR THE PHASE OUT OF A SALES TAX IMPOSED ON THE GROSS PROCEEDS OF SALES FROM COIN-OPERATED WASHING AND DRYING MACHINES.
A. Item (23) of Section 12-35-550 of the 1976 Code is amended to read:
"(23) The gross proceeds of the sale of supplies and machinery used by laundries, launderettes, cleaning, dyeing, or pressing establishments in the direct performance of their primary function. This exemption does not apply to the gross proceeds of sales of supplies and machinery used by coin-operated laundromats."
B. Section 12-35-1130 of the 1976 Code is amended to read:
"Section 12-35-1130. (A) Notwithstanding any other provision of law, the license and the sales or use tax imposed by this chapter shall apply with respect to the gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry cleaning, dyeing, or pressing service.
(B) For fiscal year 1986-87 a four percent sales tax is assessed on the gross receipts from coin-operated laundromats and dry cleaning machines. For fiscal year 1987-88, a two percent sales tax shall be assessed on the gross receipts from coin-operated laundromats and dry cleaning machines and for fiscal year 1988-89 and thereafter, no sales tax may be assessed on the gross receipts derived from coin-operated laundromats and dry cleaning machines."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. P. BRADLEY moved to reconsider the vote whereby Section II, Part 4 was adopted which was agreed to.
Rep. P. BRADLEY proposed the following Amendment No. 326, which was tabled.
Amend as and if amended.
By striking in Part II on Page 791, left hand column, Section 4 in its entirety.
Amend to conform.
Rep. P. BRADLEY explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. T.M. BURRISS spoke in favor of the amendment.
Rep. McABEE moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Altman Arthur, J. Bailey, K. Blanding Boan Brown, G. Brown, R. Carnell Cleveland Dangerfield Felder Foster Gentry Harris, J. Harris, P. Hayes Helmly Hendricks, B. Holt Johnson, J.W. Kay Keyserling Kirsh Klapman Lockemy Mangum Martin, D. McAbee McKay McTeer Nettles Ogburn Pearce Phillips, O. Rhoad Rogers, J. Sheheen Stoddard Toal Tucker Washington
Those who voted in the negative are:
Alexander Aydlette Barfield Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Davenport Derrick Faber Fair Ferguson Foxworth Hearn Huff Johnson, J.C. Koon Lake Martin, L. Mattos McBride Moss Rice Rogers, T. Simpson Taylor Townsend Wilkins Winstead
So, the amendment was tabled.
Section 4 was adopted.
Section 2 was adopted.
Section 3 was adopted.
Rep. McABEE explained the section.
Section 4 was adopted.
Rep. GENTRY proposed the following Amendment No. 99 (Doc. No. 3171R), which was tabled.
Reference is to the bill as introduced by the Ways and Means Committee.
Amend the bill, as and if amended, PART III, page 793, by inserting after line 7, right column:
/Saluda County Farmers' Market 20,000 20,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GENTRY explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. T. ROGERS asked unanimous consent that the time of the speaker be extended 5 minutes, which was agreed to.
Rep. McABEE continued speaking.
Rep. GENTRY spoke in favor of the amendment.
Rep. McABEE moved to table the amendment which was agreed to by a division vote of 37 to 9.
Rep. DAVENPORT moved that the House do now adjourn.
Rep. WINSTEAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bennett Bradley, J. Bradley, P. Davenport Foxworth Simpson
Those who voted in the negative are:
Schwartz Altman Arthur, J. Arthur, W. Aydlette Bailey, G. Beasley Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Cleveland Cooper Cork Dangerfield Derrick Elliott Faber Felder Ferguson Gentry Harris, J. Harris, P. Hayes Hearn Helmly Hendricks, B. Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Mangum McBride McKay Moss Nettles Pearce Petty Phillips, O. Rogers, T. Stoddard Taylor Thrailkill Toal Townsend Tucker Wilkins Winstead
So, the House refused to adjourn.
Reps. M.D. BURRISS and HEARN proposed the following Amendment No. 219 (Doc. No. 2859R), which was tabled.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART III, Section 1, page 793, left hand column, by inserting after line 36:
/Commission on Aging
Greenlawn Congregate Meal Group 20,000 20,000
Total Commission on Aging 20,000 20,000/.
Amend totals and title to conform.
Rep. M.D. BURRISS explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. M.D. BURRISS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 41 to 10.
Rep. RHOAD proposed the following Amendment No. 256, which was adopted.
Amend, as and if amended, Part III, Section 1, page 793, right-hand column, by inserting a new line immediately after line 22, as follows:
Column 7 Column 8
/Olar Water Pump $30,000 $30,000/
Amend Title and Totals to Conform.
Rep. RHOAD explained the amendment.
Rep. McABEE moved to table the amendment which was not agreed to by a division vote of 28 to 40.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. MOSS proposed the following Amendment No. 275 (Doc. No. 2947R), which was tabled.
Reference is to bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART III, page 793, by inserting immediately after line 11, right hand column:
/South Carolina Peach
Festival 25,000 25,000/.
Amend totals and title to conform.
Rep. MOSS explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. MOSS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 28.
Rep. THRAILKILL proposed the following Amendment No. 280 (Doc. No. 2897R), which was tabled.
Amend the bill, as and if amended, PART III, Section 1, page 793, right column, by adding after line 15:
/BUCKSPORT WATER
AUTHORITY 50,000 50,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. THRAILKILL explained the amendment.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 42 to 25.
Rep. OGBURN proposed the following Amendment No. 327, which was tabled.
Amend as and if amended, Part III, Section 1, page 793, left hand column, by inserting after line 42:
/LAND RESOURCES
CONSERVATION COMMISSION 100,000 100,000/
Amend title and totals to conform.
Rep. OGBURN explained the amendment.
Rep. McABEE moved to table the amendment which was agreed to.
Rep. MITCHELL proposed the following Amendment No. 335, which was tabled.
Amend as and if amended, Part III, Section I, page 793 left hand column, by inserting after line 42:
/ORANGEBURG RECREATION
DEPARTMENT
PUBLIC SWIMMING POOL 150,000 150,000/
Amend title and totals to conform.
Rep. MITCHELL explained the amendment.
Rep. KIRSH moved to table the amendment which was agreed to.
Rep. ELLIOTT proposed the following Amendment No. 336, which was tabled.
Amend as and if amended, by adding Part III, a new item:
Preserve whale skeleton for display at museum $5,000.
Amend totals to conform.
Rep. ELLIOTT explained the amendment.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 48 to 21.
Rep. G. BROWN proposed the following Amendment No. 338, which was tabled.
Amend as and if amended.
Add the following to Section III:
$2,500.00 Lee County Cotton Pickin Festival.
Amend everything to fix and agree.
Rep. G. BROWN explained the amendment.
Rep. McABEE moved to table the amendment which was agreed to.
Reps. MANGUM and SHEHEEN proposed the following Amendment No. 334 (Doc. No. 3265R), which was adopted.
Reference is to the bill as introduced by Ways and Means Committee.
Amend the bill, as and if amended, in PART III, page 794, by adding an appropriately numbered section to read:
/Section ___. In the event that surplus or lapsed funds do not accumulate in the amount appropriated in PART III, the Budget and Control Board shall reduce the appropriations in this Part on a pro rata basis./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MANGUM explained the amendment.
The amendment was then adopted.
Rep. LEWIS proposed the following Amendment No. 258 (Doc. No. 2781R), which was adopted.
Amend the bill, as and if amended, Part IV, page 794, by striking Section 1 and inserting:
/Section 1. Any funds authorized by the General Assembly to the special earmarked reserve accounts of the Department of Mental Retardation and the Health and Human Services Finance Commission entitled audit disallowance (Account Numbers J16-3962 and J02-3962 respectively) for the purpose of offsetting any medicaid disallowance of costs associated with education of school-age clients and any interest from such funds in the reserves, which are not used for resolution of the audit, shall lapse to the General Fund; and not to exceed $8,685,156 of these funds shall be allocated to the Department of Mental Health for the purpose of reducing the 1985-86 deficit./
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 1 as amended was adopted.
Section 1 was adopted.
The three paragraphs in the "End of Part IV" were adopted.
The motion of Rep. ALEXANDER to reconsider the vote whereby Section 86 was adopted was taken up.
Rep. ALEXANDER withdrew the motion.
Rep. AYDLETTE moved that when the House adjourns it adjourn to meet at 12:00 Noon Tuesday, which was agreed to.
The motion of Rep. SCHWARTZ to reconsider the vote whereby Section 16M was adopted was taken up and agreed to.
Rep. MANGUM proposed the following Amendment No. 339 (Doc. No. 6785, p. 13), which was adopted.
Amend, as and if amended, Part 1, Section 16M, page 166, line 04, by inserting in Columns (7) and (8): $/ 41,273,873 /.
Amend Title and Totals to Conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 16M as amended was adopted.
Debated was resumed on Section 128.
Rep. MANGUM proposed the following Amendment No. 340 (Doc. No. 6785, p. 13), which was adopted.
Amend, as and if amended, Part I, Section 128, page 777, line 21, by inserting in the right-hand column: $/ 25,273,488 /.
Amend Further, page 777, line 32, by inserting in the right-hand column:
$/ 4,450,812 /.
Amend Further, page 777, by inserting after line 37:
/Radioactive Waste Surcharges /, and by inserting in the right-hand column:
$/1,500,000/.
Amend Further, line 02, page 777, by inserting in the right-hand column:
$/960,368,000/.
Amend Further, page 778, line 09, by inserting in the right-hand column:
$/240,092,000 /.
Amend Title and Totals to Conform.
Rep. MANGUM explained the amendment.
The amendment was then adopted.
Section 128 as amended was adopted.
Section 127 was adopted.
Rep. RHOAD moved to table all pending motions to reconsider, which was adopted.
The question then recurred to the passage of the Bill, as amended.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Schwartz Alexander Altman Anderson, S. Arthur, J. Arthur, W. Aydlette Bailey, G. Bailey, K. Barfield Beasley Bennett Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Cleveland Cooper Cork Dangerfield Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Holt Huff Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Lake Lockemy Mangum Martin, D. Martin, L. Mattos McAbee McBride McKay McTeer Mitchell Neilson Nettles Ogburn Pearce Petty Phillips, O. Rawl Rhoad Rice Rogers, J. Rogers, T. Russell Sheheen Shelton Short Stoddard Taylor Toal Townsend Tucker Waldrop Washington Wilkins Winstead
Those who voted in the negative are:
Bradley, P. Burriss, J.H. Burriss, T.M. Davenport Derrick Klapman Koon Moss Thrailkill
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MANGUM, with unanimous consent, it was ordered that H. 3550 be read the third time tomorrow.
Rep. L. MARTIN moved that the House do now adjourn which was adopted.
The Senate returned to the House with concurrence the following:
H. 3665 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY YEARS OF DEDICATED SERVICE OF BEN G. ALDERMAN, JR., OF MANNING, CLARENDON COUNTY, AS A DIRECTOR OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND TO DESIGNATE HIM DIRECTOR EMERITUS OF THE AUTHORITY.
H. 3666 -- Rep. Alexander: A CONCURRENT RESOLUTION SALUTING EMMIE S. FULMER OF GREENVILLE COUNTY, AN OUTSTANDING LADY OVER ONE HUNDRED SEVEN YEARS OLD, FOR A LIFETIME OF CONTRIBUTIONS TO THE COMMUNITIES IN WHICH SHE HAS LIVED.
H. 3667 -- Rep. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. LUGENIA BATES OF FOUNTAIN INN, GREENVILLE COUNTY, FOR HER ONE HUNDRED THREE YEARS OF A PRODUCTIVE, USEFUL, AND FULFILLING LIFE AND TO EXTEND BEST WISHES FOR GOOD HEALTH AND WELL-BEING.
H. 3676 -- Rep. W. Arthur: A CONCURRENT RESOLUTION TO CONGRATULATE THE HARTSVILLE HIGH SCHOOL LADY FOXES OF DARLINGTON COUNTY, ON CAPTURING THE AAAA BASKETBALL STATE CHAMPIONSHIP AND TO RECOGNIZE HEAD COACH PAT HEWITT AND ASSISTANT COACHES PHYLLIS GRIGGS AND DEBRA SMITH.
H. 3677 -- York County Delegation: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM BAYLES MACK, ESQUIRE, OF FORT MILL, AND TO EXTEND SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 9:00 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned to meet at 10:00 A.M. tomorrow.
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