Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Lord of all life, teach us to work as though everything depended upon us and to possess a faith as though everything depended upon God. Save us from making the same mistakes over and over again, from yielding to the same temptations time after time, from doing things that should be left undone until a habit is fixed we cannot break. Enable us to put character and duty above convenience and pleasure. Help us to grow in Your likeness, to shed all faults, and to gain new virtues. Be present with us every hour of this day so that, when evening comes, we may enjoy the deep contentment of work completed and duty done.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Thomas E. Smith, Jr.
Chairman, Judicial Screening
Committee
DATE: March 16, 1987
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Thomas E. Smith, Jr.
Chairman
/s/ Senator John A. Martin
/s/ Senator Isadore E. Lourie
/s/ Senator Glenn F. McConnell
/s/ Representative James M. Arthur
/s/ Representative Larry E. Gentry
/s/ Representative D. Malloy McEachin, Jr.
/s/ Representative John I. Rogers, III
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill certain Judicial positions.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
The following Court of Appeals Judges are running for reelection to their respective seats and are unopposed:
Honorable John P. Gardner Seat #1
Honorable Curtis G. Shaw Seat #2
Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
The Report consists of the Transcript of the Proceedings before the Screening Committee held at the State House on February 26, 1987, and the portions of the documents submitted by the respective candidates which were made part of the public record. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.
The candidates were present at the screening and testified under oath.
Senator Smith: This Screening Committee is convened pursuant to Act 119 of 1975 requiring a review of candidates for judicial office.
The function of this Committee is not to choose between candidates but rather to declare whether or not the candidates who offer for positions on the bench are in our judgment qualified to fill that position.
The inquiry which we make is a thorough one. It involves a complete professional and background check on every candidate. The candidate is investigated by the South Carolina Law Enforcement Division, including records in the various Courthouses. A Statement of Economic Interest is required; we receive a credit report. We receive a report from the Board of Commissioners on Grievances and Discipline with respect to attorneys and judges who are offering, and from the Board of Commissioners on Judicial Standards with respect to sitting judges.
The candidate's Personal Data Questionnaire details his personal history, health, and professional experience and contains five letters of reference.
We are here today for the purpose of examining candidates for two vacancies on the Court of Appeals. The public notice of the vacancy was given and no candidate has come forward other than the Honorable John P. Gardner for Seat Number One on the Court of Appeals, and the Honorable Curtis G. Shaw for Seat Number Two on the Court of Appeals. No citizen has asked to be heard with respect to either of these gentlemen, so I now ask Judge Gardner to come forward. If you would raise your hand and take the oath.
John P. Gardner, candidate for Seat Number One on the Court of Appeals, was duly sworn by Senator Smith.
Senator Smith: I might say for the record also that these terms are for six-year terms which begin July 1, 1987, and run through June 30, 1993.
SENATOR SMITH:
Q Judge, you have seen the Personal Data Questionnaire Summary that was prepared by my office?
A Yes, I've read it.
Q It's correct; is there anything in there that needs clarification?
A Only one thing. I joined the Baptist Church. My present wife is a Baptist.
Q A Baptist church here in Columbia?
A Yes, sir.
Q You have moved your residence since you were last screened, or not?
A I believe I was living in Columbia two years ago, Senator. After Lucylee's death I remarried and moved up here, and we live on Senate Street.
Senator Smith: I might say to Mr. Gentry, the new member of the Committee, what we do is we take the summary of their personal data, which is prepared. And in order to eliminate printing, we eliminate the questions and sort of summarize the answers to go in the journal to save printing.
Q Judge Gardner, is there any objection to making our summary a part of the record as if it were your sworn testimony?
A None whatsoever.
1. John Pickens Gardner
Home Address: Business Address:
Heritage P. O. Box 11629
1829 Senate Street, Columbia, SC
Unit 1A Columbia, SC 29211
29201
2. Born in Darlington, S.C. on July 18, 1923
Social Security Number: ***-**-*****
4. He is married to the former Jeanette Todd Johnson. He has 2 children from his first marriage to Lucylee Arthur (now deceased), Harriet Arthur Gardner and John P. Gardner, Jr.
5. Military Service: United States Army Air Force from January 28, 1943 to June 25, 1945. Serial No. was 34644364. He was a Staff Sergeant and received an Honorable Discharge.
6. He attended Wofford College, 1940-1941 (transferred to USC); University of South Carolina, September, 1941 to January, 1943 (entered the U.S. Army); Emory University Law School, September, 1945 to June, 1947. He passed the S.C. Bar Examination and transferred to the University of South Carolina School of Law in June, 1947, from which he graduated in January, 1948.
8. Legal Experience since graduation from law school:
When he graduated from law school, he practiced with his father from January, 1948 to March, 1955. He practiced law as an individual until he and his son formed a firm in January, 1976. He remained with his law practice until he became a Judge on the South Carolina Court of Appeals in September, 1983.
15. Judicial Office: Appeals Court Judge, 1983-present
16. Public Office: Elected to S.C. House of Representatives from Darlington County in 1958 and served 4 terms
20. He has never been arrested, but as attorney for Dr. K.G. Lawrence he prosecuted Ervin and Freddie Cutter for extortion. The Cutters, when they were arrested, swore out a counter-warrant against him which was almost immediately quashed by Magistrate Thomas Rogers, Florence, South Carolina, on the grounds that act complained of violated no law. Cutters were convicted and sentenced to ten years.
23. Suits: In his capacity as Trustee for the American Bible Society and L.A. McCall, Jr., he and L.A. McCall, Jr. brought a foreclosure action against J.B. Perry and R. Trippett Boineau. Perry then brought an action against L.A. McCall and Judge Gardner, which action was dismissed by Demurrer on the grounds that complaint failed to state a cause of action. Also, Fred Hopkins, who has been recently imprisoned and disbarred, sued the Judge and his son, alleging misconduct on their part in discharging him as an associate. The allegations of the complaint were untrue, and their insurance company settled the suit on a nuisance basis.
Judge Gardner, his grandchildren and children own as co-tenants property situated in Darlington, South Carolina and leased to Hardees Food Systems, Inc. A boundary line dispute involving this property developed. The family, which includes Judge Gardner, brought a suit to settle the boundary line dispute against Mrs. Margaret Mozingo and Aladden Mozingo. The trial court established the boundary line to be that contended by the Gardner family; this case is now on appeal.
In 1979 T.G. Gamble, a registered surveyor, compiled a map for Billy Graham who had applied for a $3 million farm loan to John Hancock Insurance Co., whom Judge Gardner represented. The loan was not consummated. Billy Graham refused to pay T.G. Gamble for his work and Judge Gardner, at that time, offered him $600 for his services because he took the position that he had guaranteed payment for Billy Graham. Nearly 6 years later, in 1985, Gamble alleged that Judge Gardner owed him $2,500 for the Billy Graham plat. He brought suit but almost immediately accepted the $600 which he offered him in 1979 and which, in Judge Gardner's opinion, was the most that he could have owed him; the suit was then dismissed.
24. His son brought a lawsuit out of which three complaints were made against he and his father to the Ethics Committee. All were summarily dismissed after investigation.
25. He recently experienced some heart arrhythmia, but upon a change of medicine this non-disabling condition seems to be under control. He is now treated by Dr. J. Frank Martin located at 1640 St. Julian Place in Columbia and by Dr. Lanneau Lide, Jr., located at 2601 Laurel Street in Columbia.
26. During the period of his former wife's illness, he was hospitalized several times for a pinched nerve of the cervical spine and operated on for rectal fissures. He has also been hospitalized for heart arrhythmia by Dr. John A. Gastright of Florence, S.C. (no longer in private practice).
27. He wears glasses which correct his vision to 20/20.
32. Civic, charitable, religious, educational, social, and fraternal organizations: American Legion, V.F.W.; Masonic Lodge; St. Matthew's Episcopal Church
34. Five letters of reference:
(a) Boyd B. Jones, Assistant Vice President,
C & S National Bank of S.C., Columbia,
SC 29222
(b) J.D. Todd, Jr., Esquire
P.O. Box 87, Greenville, SC 29602
(c) Jacob H. Jennings, Esquire
P.O. Box 106, Bishopville, SC 29010
(d) James B. Richardson, Jr., Esquire
1338 Main St., Suite 1101, Columbia, SC
29201
(e) Robert J. Thomas, Esquire
P.O. Box 7337, Columbia, SC 29202
Q Judge, your credit is reported as satisfactory. The records of all the applicable law enforcement agencies are negative. The records of the South Carolina Department of Highways and Public Transportation are negative. The Judgment Rolls of Richland County are negative, and also of Darlington County from earlier screenings. Judge, the Board of Commissioners on Judicial Standards has administered no sanctions and there are no investigations pending. The Board of Commissioners of Grievances and Discipline report that as an attorney there were no complaints or charges of any kind filed against you. Your Statement of Economic Interest indicates no conflicting ownerships, associations, or transactions.
Judge, I feel compelled to ask you to speak a little bit. You have indicated that you have experienced some heart arrhythmia.
A Yes.
Q The same as me, I might add. You apparently are under medication?
A Yes, sir, and I think it's under control. I take a workout every morning for about half an hour to an hour, and I don't have any angina and never have had. As you know, Senator, the arrhythmia is due to a timing mechanism. My arteries are clean, they say, as a thirty-year-old man.
Q Judge, you indicate you were hospitalized for the arrhythmia by Dr. Gastright in Florence. When was that, roughly?
A That was 1984, the fall of '84. That's when the thing first developed, Senator.
Q What do you take for that?
A I take Tenormin, Isoptin, and Capoten. I take just a half dose of Tenormin.
Q Judge, those are my only questions. We'd be glad if you'd care to make a statement at this time.
A I don't care to make a statement. I appreciate you fine people attending this thing and being with us, and all the support that you and the General Assembly have given us.
Q Thank you, sir. Are there any questions from any members of the committee? Have you had an opportunity to review the file?
Senator Lourie: I move that this part of the hearing be closed, Your Honor.
Q Thank you, Judge.
A Thank you, Senator.
Senator Smith: We will interview Judge Shaw and then we will go into our normal session to discuss our findings.
Curtis G. Shaw, candidate for Seat Number Two on the Court of Appeals, was duly sworn by Senator Smith.
SENATOR SMITH:
Q Judge, I see you have before you the summary of the Personal Data Questionnaire which was prepared by my office. Have you had a chance to review it?
A Yes, sir.
Q Is it correct; is there anything in there that needs clarification?
A No, sir.
Q Would you object to making this summary a part of the record as your sworn testimony?
A No, sir.
1. Curtis G. Shaw
Home Address: Business Address:
139 Amherst Drive P.O. Box 125
Greenwood, SC 29646 Greenwood, SC
29648-0125
2. He was born in Greenwood, South Carolina on July 8, 1933.
Social Security Number: ***-**-*****
4. He was married to Bobby June Gambrell on June 7, 1959. He has two daughters, Mary Van Shaw, age 21 and Dana Shaw McCravy, age 25 (teacher).
5. Military Service: August 14, 1953 to May 25, 1955; Army Engineers; Corporal; US 53 202 522; Honorable Discharge
6. He attended Clemson University, June, 1951 to May, 1953 (no degree, went into military service); the University of South Carolina, 1960, B.S.; and Mercer University Law School, 1965, J.D.
8. Legal Experience since graduation from law school:
General Practice, 1966-1970; Probate Judge, Master, 1971-1977; Family Court Judge, 1977-1983; Appeals Court Judge, 1983-present.
15. Judicial Office: Chief Judge, Eighth Judicial Circuit Family Court, 1977-1983; Appeals Court Judge, 1983-present; and Supreme Court Commission on Judicial Standards, appointed in 1985 for 3-year term
16. Public Office: Elected to Greenwood City Council from 1967-1970
25. Health is excellent.
32. Civic, charitable, religious, educational, social, and fraternal organizations: Kiwanis; First Baptist Church; Mensa; Greenwood Country Club; Summit Club; and Palmetto Golf Club
34. Five letters of reference:
(a) William G. Stevens, Senior Vice-President
Bankers Trust, P.O. Box 1058,
Greenwood, SC 29646
(b) Marvin R. Watson, Esquire
P.O. Drawer 799, Greenwood, SC
29648-0799
(c) Judson F. Ayers, Esquire
P.O. Drawer 1268, Greenwood, SC 29648
(d) J.E. McDonald, Esquire
P.O. Drawer 1207, Greenwood, SC
29648- 1207
(e) G. William Thomason, Esquire
P.O. Box 1115, Greenwood, SC 29648
Q Judge Shaw, your credit is reported as satisfactory, and I might add that that is as high as they'll give anybody, a satisfactory. The records of the appropriate law enforcement agencies are negative, as are the records of the South Carolina Department of Highways and Public Transportation. The judgment rolls of Greenwood County are negative, and the Board of Commissioners on Judicial Standards advise us that they have administered no sanctions and there are no investigations pending. The Board of Commissioners on Grievances and Discipline report that as an attorney no complaints or charges of any kind have ever been filed against you. Your Statement of Economic Interest indicates no conflicting ownerships, associations, or transactions.
Judge, I wonder if you would have any statement to make at this time?
A No, sir, not at all.
Q We appreciate your service on the Court of Appeals.
A Thank you very much.
Q You, and Judge Gardner also. Judge, I asked you earlier before the hearing, and I don't know whether you want to comment or if we Just want to think about it. With the change apparently in the Federal situation and the recent Attorney General's opinion, which, by the way, members of the Committee, is in your packet. Some of you have read it; some of you have not. Also included in there is a copy of an editorial concerning age of Judges and retirement. How is the best way to deal with the problem since we no longer have a mandatory statutory retirement age?
A As I view it, Senator, it will be on a case-by-case basis. If for some reason I would stay on past the mandatory age and if someone would detect some weakness or change in behavior, I think I should be willing to submit to my own doctors first, to detect any deterioration of my thinking ability. I think something along those lines. I think the Federal law that was passed is a welcome one; however, it's going to create some problems along the lines that you've just mentioned. But I would not hesitate to submit to anything. That would be twenty years from now, but I think you might be faced with that in the next few years.
Q I didn't really just pick on you to ask you that, and I didn't leave Judge Gardner out. I just failed to ask him the same question; I wasn't picking on anybody. Is there a mechanism within the Court itself? Would the Chief Justice have the authority to if not remove someone for age--if you know; I don't.
A Senator, fortunately, there have been few incidents of alcoholism where the Chief Justice has been forced to say, "You take a few months off to dry out." So I think he does have the power, the overall power, to suspend a judge for cause. Cause covers a lot of territory. For instance, someone might have an operation and be subjected to high medication that might affect his thinking, and I think the Chief Justice would have the power to say, "You get through your medication process and then you can come back on the bench." But I think he is the overall supervisor of the South Carolina Judiciary, and his power controls that.
Q It's something that this committee is probably going to be interested in discussing later and we will obviously get the best thinking we can on the subject. Thank you, Judge. That's all the questions I have. Do other members of the committee have any questions?
Representative Gentry: No, Mr. Chairman.
Q Thank you, Judge.
A Thank you.
Senator Smith: I'm going to suggest that we go into executive session.
(WHEREUPON, the hearing was concluded at 10:00 A.M.)
The Judicial Screening Committee has investigated the qualifications of the following candidates and finds each to be qualified to seek reelection.
Honorable John P. Gardner Seat #1
Honorable Curtis G. Shaw Seat #2
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
/s/ Senator John A. Martin
/s/ Senator Isadore E. Lourie
/s/ Senator Glenn F. McConnell
/s/ Representative James M. Arthur
/s/ Representative Larry E. Gentry
/s/ Representative D. Malloy McEachin, Jr.
/s/ Representative John I. Rogers, III
Received as information.
On motion of Rep. McEACHIN the Report was ordered printed in the Journal.
On motion of Rep. KLAPMAN, with unanimous consent, Rep. J. HARRIS's remarks were ordered printed in the Journal as follows:
Today is Mental Retardation Awareness Day here at the State House. It is a special day for us and for the people with Mental Retardation who are here to share with us their talents and job responsibilities.
"Make The Difference For People With Mental Retardation" is the theme for Mental Retardation Awareness Month which is March and the 20th Anniversary of the Department of Mental Retardation. As leaders in the State and our communities, we can help make the difference. We can be supportive of community programs which allow people with mental retardation to have full productive lives.
The South Carolina Department of Mental Retardation has been providing services for people with mental retardation since 1967. They were the first separate state agency in the country to provide services for people with mental retardation. Today they serve over 13,000 people each year. Through a network of providers, services are offered locally to people with mental retardation which allow them to remain in their home community.
With the continued growth of county mental retardation boards, the responsibility for local program development will be with local people. Currently there are 35 boards in the state serving 40 counties. By the end of this fiscal year, the department hopes to have county boards in all counties.
Twenty years ago people with mental retardation were in residential facilities with few alternatives for community living. Today people with mental retardation are living in community residences or apartments. They have jobs. They are productive citizens and an important constituency. The four residential facilities operated by the Department of Mental Retardation continue to serve the severe, profound and multiply-handicapped person with mental retardation.
Expo 87 is an excellent opportunity for you to see the variety of contracts being done by people with mental retardation. I urge you to take the time to visit these programs and see what South Carolina, the S.C. Human Service Providers and you are doing to make the difference for people with mental retardation.
The baskets on your desks are a gift from our guests today.
There are photographers available at Expo 87 to provide you with publicity in your hometown media.
Also take the time to view the art exhibit here between the House and Senate Chambers. This exhibit is part of an art competition commemorating the 20th anniversary of DMR.
Please take time to see how we are making the difference for people with mental retardation and pledge now to continue to make the difference.
The following was introduced:
H. 2677 -- Reps. Rudnick, Evatt, Cork, Jones, T.M. Burriss, Gordon, H. Brown, Ferguson, Haskins, Washington, Klapman, Wells, Arthur, Nesbitt, Fair and Hodges: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES, BY ADDING A NEW RULE SO AS TO PROVIDE THAT NO SMOKING IS PERMITTED IN THE HALL OF THE HOUSE OR IN ANY OF THE ANTEROOMS OF THE HOUSE ON THE SECOND FLOOR OF THE STATE HOUSE.
The Resolution was ordered referred to the Committee on Rules.
On motion of Rep. WALDROP, with unanimous consent, the following was taken up for immediate consideration:
H. 2678 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 10-16, 1987, AS "NEWBERRY COUNTY JUNIOR PAGEANT WEEK" IN NEWBERRY COUNTY.
Whereas, the members of the General Assembly note with pleasure that the Newberry County Junior Miss Pageant will be held May 16, 1987; and
Whereas, the pageant is merely the culmination of months and years of hard work by the sponsors and participants; and
Whereas, Newberry County Junior Miss Pageant participants are judged in the categories of talent, scholarship, physical fitness, personal appearance, and interview; and
Whereas, the young ladies who vie for the title of 1987 Newberry County Junior Miss have worked diligently with patience and good humor to hone their routines; and
Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the title of 1987 Newberry County Junior Miss. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the week of May 10-16, 1987, is proclaimed 1987 Newberry County Junior Miss Pageant Week and the good people of Newberry County are called upon to celebrate the week with appropriate observances.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
S. 440 -- Senator Hayes: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE SENATE AND HOUSE OF REPRESENTATIVES CHAMBERS ON FRIDAY, JUNE 12, 1987, AND SATURDAY, JUNE 13, 1987.
Be it resolved by the Senate, the House of Representatives concurring:
That the Palmetto Girls State is authorized to use the chambers of the Senate and the House of Representatives on Friday, June 12, 1987, from 10:00 a.m. to 4:30 p.m., and on Saturday, June 13, 1987, from 9:00 a.m. to 12:00 noon for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that Palmetto Girls State agrees in writing to reimburse General Services and the Senate for expenses incurred, the total of which will not exceed fifteen hundred dollars.
Be it further resolved that subsequent to this authorization it is the policy of the Senate to allow the use of its chambers only Monday through Friday when the Senate is not in session provided that this authorization and all further authorizations for use of the Senate chambers is subject to cancellation should the Senate be in regular session on the authorized days.
Be it further resolved that the Palmetto Girls State shall, forty-eight hours prior to its use of the chambers, provide the clerk of the Senate with the name, address, and current telephone number of the individual who is responsible for coordinating the event and who is legally authorized to represent on behalf of the Palmetto Girls State that it shall reimburse General Services and the Senate as set forth in this resolution.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.
The Concurrent Resolution was agreed to and n ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 527 -- Senator Peeler: A CONCURRENT RESOLUTION WISHING GREAT SUCCESS TO THE LIMESTONE COLLEGE MEN'S BASKETBALL TEAM AS IT EMBARKS FOR CORK, IRELAND, AND PARTICIPATION IN THE NEPTUNE INTERNATIONAL BASKETBALL TOURNAMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 2679 -- Reps. Hawkins and Russell: A BILL TO REQUIRE PERSONS ADJUDICATED DELINQUENT FOR AN ACT OR CONVICTED OF A CRIMINAL OFFENSE, THE ELEMENTS OF WHICH INCLUDE THE PERSON'S INTENTIONAL DESTRUCTION OF PUBLIC PROPERTY, TO REPAY TO THE PROPERTY OWNER ANY LOSS, TO CREATE A LIEN TO SECURE THE LOSS THAT RUNS UNTIL ITS REPAYMENT, TO PROVIDE THAT A JUDGMENT OBTAINED TO ENFORCE THE LIEN CREATES A LIEN THAT CONTINUES WITHOUT TIME LIMITS UNTIL PAYMENT, AND TO REQUIRE CLERKS OF COURT OR REGISTERS OF MESNE CONVEYANCES, AS APPROPRIATE, TO MAINTAIN A BOOK FOR DESTRUCTION OF PUBLIC PROPERTY LIENS.
Referred to Committee on Judiciary.
H. 2680 -- Rep. McTeer: A BILL TO AMEND CHAPTER 9 TITLE 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLARK'S HILL-RUSSELL AUTHORITY, BY ADDING SECTION 13-9-35 SO AS TO PROVIDE THAT THE AUTHORITY MAY EXERCISE ANY OF THE POWERS AND DUTIES CONVEYED UNDER THE PROVISIONS OF SECTION 13-9-30 IN THE ENTIRE COUNTY OF ANY COUNTY OR PORTION OF ANY COUNTY WHICH BORDERS THE SAVANNAH RIVER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2681 -- Reps. Rudnick, White, Jones, Whipper, Elliott, O. Phillips and Ferguson: A BILL TO AMEND SECTION 58-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES OF CERTAIN GAS, HEAT, AND WATER COMPANIES; SECTION 58-9-540, RELATING TO THE RATES OF TELEPHONE AND TELEGRAPH COMPANIES; SECTION 58-11-70, RELATING TO THE RATES OF RADIO COMMON CARRIERS; AND SECTION 58-27-870, RELATING TO THE RATES OF ELECTRIC UTILITIES, SO AS TO ELIMINATE THE RIGHT OF THESE UTILITIES OR COMPANIES TO PUT REQUESTED RATE INCREASES INTO EFFECT UNDER BOND DURING THE PENDENCY OF AN APPEAL; AND TO REPEAL SECTION 58-1-50 RELATING TO CERTAIN INTEREST REQUIRED WHEN PROPOSED RATE INCREASES PUT INTO EFFECT UNDER BOND ARE DISALLOWED IN WHOLE OR IN PART.
Referred to Committee on Judiciary.
H. 2682 -- Reps. Rudnick, O. Phillips and Ferguson: A BILL TO AMEND ARTICLE 7, CHAPTER 27 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RATES AND CHARGES OF ELECTRICAL UTILITIES, BY ADDING SECTION 58-27-815 SO AS TO PROVIDE THAT IF THE PUBLIC SERVICE COMMISSION DETERMINES THAT ANY FACILITY CONSTRUCTED BY AN ELECTRICAL UTILITY FOR THE PURPOSE OF GENERATING ELECTRICITY HAS EXCESS CAPACITY, THE COST OF BUILDING AND OPERATING THE FACILITY IN THE PROPORTION THAT THE EXCESS CAPACITY BEARS TO THE TOTAL CAPACITY OF THE FACILITY MUST NOT BE INCLUDED IN THE UTILITY'S RATE BASE USED FOR ESTABLISHING THE PERMITTED RATES OF THE UTILITY.
Referred to Committee on Judiciary.
H. 2683 -- Rep. Fair: A BILL TO AMEND SECTION 23-35-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OR DISCHARGE OF FIREWORKS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO EXPLODE OR IGNITE FIREWORKS IN ANY AREA OF THIS STATE WITHIN A COUNTY OR MUNICIPALITY THAT IS ZONED FOR SINGLE FAMILY RESIDENTIAL PURPOSES ONLY, AND TO PROVIDE THAT IT IS ALSO UNLAWFUL TO EXPLODE OR IGNITE FIREWORKS IN ANY AREA OF THIS STATE WHICH THE STATE FORESTRY COMMISSION DETERMINES TO BE UNSAFE FOR FIREWORKS USE DUE TO DROUGHT OR OTHER DANGEROUS CONDITIONS.
Referred to Committee on Judiciary.
H. 2684 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-555 SO AS TO PROVIDE THAT THE SALES TAX ON A SALE OF A NEW OR USED AUTOMOBILE IN THIS STATE TO A RESIDENT OF ANOTHER STATE WHO INTENDS TO REGISTER THE VEHICLE IN HIS STATE OF RESIDENCE IS THE TAX THAT WOULD BE DUE ON THE SALE IN THE PURCHASER'S STATE OF RESIDENCE BUT NOT MORE THAN THE SALES TAX THAT WOULD OTHERWISE BE ON THE SALE IN THIS STATE, TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-815 SO AS TO ALLOW AS A CREDIT AGAINST USE TAX DUE THE AMOUNT OF SALES TAX PAID ON TANGIBLE PERSONAL PROPERTY PURCHASED IN ANOTHER STATE FOR USE IN THIS STATE IF THE STATE OF PURCHASE ALLOWS A SIMILAR CREDIT, AND TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO DELETE THE EXEMPTION FOR SALES OF VEHICLES PURCHASED, IN THIS STATE BY NONRESIDENTS FOR IMMEDIATE USE IN ANOTHER STATE.
Referred to Committee on Ways and Means.
H. 2685 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1895 SO AS TO PROVIDE FOR A STATEWIDE ADOPTION EXCHANGE WHICH IS TO BE ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES TO RECRUIT ADOPTIVE FAMILIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2686 -- Reps. Rudnick, White, Keyserling, Whipper and Neilson: A BILL TO AMEND ARTICLE 1 OF CHAPTER 35 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY, REGULAR BENEFITS, AND CLAIMS THEREFOR, BY ADDING SECTION 41-35-15 SO AS TO PRECLUDE THE DENIAL OR ABRIDGMENT OF BENEFITS UNDER TITLE 41 TO ANY INDIVIDUAL ABSENT FROM EMPLOYMENT FOR PURPOSES OF MATERNITY LEAVE AFTER EXHAUSTION OF PAID LEAVE IN CONNECTION WITH THE ABSENCE DUE TO MATERNITY.
Referred to Committee on Labor, Commerce and Industry.
H. 2687 -- Reps. Kirsh, Klapman and Nesbitt: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC EMPLOYEES AND OFFICERS, BY ADDING CHAPTER 27 SO AS TO PROVIDE PROTECTION FOR STATE EMPLOYEES FROM RETALIATION FOR REPORTING GOVERNMENT WASTE AND ABUSE, SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH AND SAFETY, AND PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 2688 -- Rep. J. C. Johnson: A BILL TO AMEND SECTION 51-3-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM TO MAKE RULES AND REGULATIONS FOR STATE PARKS, SO AS TO PERMIT CAMPSITES AT STATE PARKS TO BE OCCUPIED FOR PERIODS IN EXCESS OF FOURTEEN DAYS UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 2689 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 11, TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC, BY ADDING SECTION 26-1-95 SO AS TO MAKE IT ILLEGAL FOR ANY NOTARY PUBLIC IN HIS OFFICIAL CAPACITY TO FALSELY CERTIFY THE AFFIRMING OR SWEARING OF ANY PERSON TO ANY INSTRUMENT, AFFIDAVIT, OR WRITING, TO PROVIDE A PENALTY FOR VIOLATION, AND TO REQUIRE ANY NOTARY PUBLIC CONVICTED UNDER THE PROVISIONS OF THIS SECTION TO FORFEIT HIS COMMISSION.
Referred to Committee on Judiciary.
S. 119 -- Senators Garrison and Giese: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
S. 179 -- Senators Shealy and Drummond: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND SUMMONING JURORS BY UTILIZING A COMPUTER, SO AS TO INCLUDE JURORS FOR THE GRAND JURY.
Referred to Committee on Judiciary.
S. 509 -- Judiciary Committee: A BILL TO AMEND THE TITLE TO ACT 533 OF 1986, RELATING TO THE UNIFORM LIMITED PARTNERSHIP ACT, SO AS TO MAKE CERTAIN TECHNICAL CORRECTIONS.
Referred to Committee on Judiciary.
S. 512 -- Senators Bryan, Thomas E. Smith, Jr., Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, C. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Pearce Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder WiLkins Williams Winstead
I came in after the roll call and was present for the Session on Wednesday, March 18, 1987.
Paul Short Olin R. Phillips T.M. Burriss John J. Snow, Jr. Gene Stoddard William H. Jones Paul Derrick E. Leroy Nettles, Jr. Joe McElveen Thomas E. Huff Derial L. Ogburn Roland S. Corning John R. Russell John D. Bradley John G. Felder Lenoir Sturkie T.W. Edwards, Jr. Joyce C. Hearn
STATEMENTS OF ATTENDANCE
Reps. AYDLETTE and RUSSELL signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, March 12, 1987.
Rep. RUSSELL signed a statement with the Clerk that he came in after the roll call and was present for the Session on Monday, March 16, 1987.
Announcement was made that Jay Hammett of Gaffney is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, that pending question being the consideration of that Bill.
H. 2590 -- (The General Appropriations Bill)
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on Section 30.5 which was agreed to.
Section 30.5 was then adopted.
Rep. McABEE proposed the following Amendment NoN 127, which was adopted.
Amend the Bill, as and if amended, Part I, Section 34, School for the Deaf and Blind, on page 34-006, inserting a new proviso at the end of the section:
34.14 The school buses of the South Carolina School for the Deaf and Blind are authorized to travel at speeds up to 55 miles per hour, not to exceed posted limit, so long as there is no increase in insurance rates, appropriated herein for fixed charges and contributions. No funds appropriated herein for equipment shall be used for the purchase of governors for school buses of the South Carolina School for the Deaf and Blind.
Amend titles and totals to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 35 was adopted.
Section 35.1 was adopted.
Section 35.2 was adopted.
Section 35.3 was adopted.
Section 36 was adopted.
Section 36.1 was adopted.
Rep. BLACKWELL explained the Section.
Rep. MAPPUS raised the Point of Order that Section 36.2 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. BLACKWELL moved to reconsider the vote whereby Section 36.1 was adopted and the motion was noted.
Section 37 was adopted.
Section 37.1 was adopted.
Section 37.2 was adopted.
Section 37.3 was adopted.
Reps. LIMEHOUSE, SHARPE, KEYSERLING, D. MARTIN, MAPPUS and FOXWORTH proposed the following Amendment No. 85, which was adopted.
Amend as and if amended. Part I, Section 38, Arts Commission, page 38-002, line 20, by inserting in Columns (7) and (8): $/195,270/.
Amend title and totals to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Rep. KEYSERLING explained the Section.
Section 38 as amended was adopted.
Section 38.1 was adopted.
Section 38.2 was adopted.
Section 39 was adopted.
Section 39.1 was adopted.
Rep. KLAPMAN proposed the following Amendment No. 32.
Amend as and if amended. Section 39, page 39-007, left-hand column, Proviso 39.2, Line 28 by inserting at the end "Each county delegation will be provided a list of the objects requested for removal."
Amend title and totals to conform.
Reps. KEYSERLING and KLAPMAN explained the amendment.
Rep. KLAPMAN moved to adjourn debate upon the Section, which was adopted.
Section 39.3 was adopted.
Section 39.4 was adopted.
Section 39.5 was adopted.
Section 39.6 was adopted.
Section 39.7 was adopted.
Section 39.9 was adopted.
Reps. McCAIN and CLYBORNE proposed the following Amendment No. 83, which was tabled.
Amend as and if amended. Part I, Section 40, Health and Human Services Finance Commission, Pg. 40-004, line 35 by inserting in columns (7) and (8): /0/.
Amend title and totals to conform.
Rep. McCAIN explained the amendment.
Rep. HELMLY spoke against the amendment.
Rep. WILDER spoke in favor of the amendment.
Rep. HELMLY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 65 to 16.
Reps. GORDON, NETTLES and SNOW proposed the following Amendment No. 97, which was tabled.
Amend the Bill, as and if amended. Part I, Section 40, Health and Human Services Finance Commission, page 40-005, line 7, opposite /Nursing Home Provider/ by inserting in column (7): $/86,022,789/ and column (8): $/22,985,653/.
Amend titles and totals to conform.
Rep. GORDON explained the amendment.
Reps. HARVIN and NETTLES spoke in favor of the amendment.
Reps. HELMLY, BLANDING and McLELLAN spoke against the amendment.
Rep. BLANDING moved to table the amendment.
Rep. GORDON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 80 to 9.
Rep. HELMLY explained the Section.
Section 40 was adopted.
Section 40.1 was adopted.
Rep. KLAPMAN proposed the following Amendment No. 31, which was adopted.
Amend as and if amended. Part I, Section 40, Health and Human Services Finance Commission, Page 40-008, left hand column, following line 40, Proviso 40.3, by inserting "one member each from the House of Representatives and Senate appointed respectively by the Speaker of the House and the President of the Senate."
Amend title and totals to conform.
Rep. KLAPMAN explained the amendment.
Rep. HELMLY spoke in favor of the amendment.
The amendment was then adopted.
Section 40.3 as amended was adopted.
Section 40.4 was adopted.
Section 40.5 was adopted.
Section 40.8 was adopted.
Section 40.9 was adopted.
Section 40.11 was adopted.
Section 40.12 was adopted.
Rep. BAKER raised the Point of Order that Section 40.15 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Section 40.15 was adopted.
Section 40.16 was adopted.
Section 40.20 was adopted.
Section 40.22 was adopted.
Reps. McCAIN and CLYBORNE proposed the following Amendment No. 128, which was tabled.
Amend as and if amended. Part I, Section 40, Health and Human Services Finance Commission, Page 40-009 and 40-010, beginning, with the right hand column, lines 27-03, Proviso #40.23 by striking proviso.
Amend title and totals to conform.
Rep. McCAIN explained the amendment.
Rep. HELMLY spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 54 to 24.
Rep. HELMLY explained the Section.
Section 40.23 was adopted.
Section 40.24 was adopted.
Section 40.25 was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 131, which was adopted.
Amend the Bill, as and if amended, Part I, Section 40, Health and Human Services Finance Commission, by inserting after the last proviso the following new proviso 40.26:
/Provided, Every applicant or recipient, only to the extent of the amount of the medical assistance paid by the Medically Indigent Assistance Fund, shall be deemed to have assigned his rights to recover such amounts so paid by the Fund from any third party or private insurer to the State Health and Human Services Finance Commission. The State Health and Human Services Finance Commission shall be automatically subrogated, only to the extent of the amount of medical assistance paid by the Fund, to the rights an applicant or recipient may have to recover such amounts so paid by the Fund from any third party or private insurer. The applicant or recipient shall cooperate fully with the State Health and Human Services Finance Commission in its efforts to enforce its assignment and subrogation rights. Every applicant or recipient is considered to have authorized all persons, including insurance companies and providers of medical care, to release to the Commission all information needed to enforce the assignment and subrogation rights of the Commission. The Commission is authorized to enforce these rights pursuant to Section 4 of Act 516 of 1986./
Rep. LIMEHOUSE explained the amendment.
Rep. HELMLY spoke in favor of the amendment.
The amendment was then adopted.
Reps. GORDON, NETTLES and SNOW proposed the following Amendment No. 98, which was tabled.
Amend the Bill, as and if amended. Part I, Section 40, Health and Human Services Finance Commission, page 40-010, right hand column by inserting after line 13, the following new proviso: "$400,000 of the general funds and matching federal funds appropriated for Nursing Home Providers shall be used to fund 88 new nursing home beds in Williamsburg County which has been identified as having an existing need for nursing home beds.
Amend titles and totals to conform.
Rep. GORDON explained the amendment.
Rep. BLANDING moved to table the amendment which was agreed to.
Rep. ELLIOTT moved to adjourn debate upon the Section, which was adopted.
Section 41.1 was adopted.
Section 41.2 was adopted.
Section 41.3 was adopted.
Section 41.4 was adopted.
Section 41.5 was adopted.
Section 41.6 was adopted.
Section 41.7 was adopted.
Section 41.8 was adopted.
Section 41.9 was adopted.
Section 41.10 was adopted.
Section 41.11 was adopted.
Section 41.12 was adopted.
Section 41.13 was adopted.
Section 41.14 was adopted.
Section 41.15 was adopted.
Section 41.16 was adopted.
Section 41.17 was adopted.
Section 41.19 was adopted.
Section 41.20 was adopted.
Section 41.21 was adopted.
Section 41.22 was adopted.
Section 41.23 was adopted.
Section 41.24 was adopted.
Rep. P. HARRIS explained the Section.
Rep. DAVENPORT moved to table the Section which was not agreed to by a division vote of 14 to 68.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. FOXWORTH raised the Point of Order that Section 41.28 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. FOXWORTH raised the Point of Order that Section 41.29 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 41.30 was adopted.
Rep. ELLIOTT moved to adjourn debate upon the Section, which was adopted.
Rep.. HASKINS proposed the following Amendment No. 87.
Amend as and if amended.
Section 41, page 41-036 to add a new section, appropriately numbered, as follows:
The Department shall not charge any fee, charge, or tax which has not been specifically authorized by the Legislature. Fees, charges, or taxes imposed before January 1, 1987 are hereby authorized.
Amend titles to conform.
Rep. HASKINS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. CARNELL, McABEE, G. BAILEY, T.C. ALEXANDER, STURKIE, PEARCE, THRAILKILL, P. HARRIS, NEILSON, McGINNIS, HASKINS, H. BROWN, L. BARFIELD, ELLIOTT, LOCKEMY, DAY, SIMPSON, COOPER, T. HUFF, HARVIN, CHAMBLEE, J.C. JOHNSON, TOWNSEND, KAY, RICE, HEARN, RHOAD, RUDNICK, McBRIDE, J.W. McLEOD, FAIR, MAPPUS, McTEER, TUCKER, WALDROP, M.D. BURRISS, K. BAILEY, DANGERFIELD, BAKER, WELLS and J.M. ARTHUR proposed the following Amendment No. 129 (Doc. No. 2983Y), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 41, by adding a new proviso at the end of the section to be appropriately numbered which shall read:
/41. Except as otherwise provided below, the Department shall not charge a fee for performing any duty, responsibility or function unless the fee is authorized and set by statutory law. However, the Department may charge a fee for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statutory law.
Statutory law for purposes of this proviso does not mean regulations promulgated pursuant to the State Administrative Procedures Act./
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
The SPEAKER granted Reps. J.H. BURRISS, CORK and WINSTEAD a temporary leave of absence.
Rep. CARNELL continued speaking.
Rep. EVATT spoke against the amendment.
Rep. EVATT raised the Point of Order that Amendment No. 129 was not germane to the Bill as it did not demonstrate the manner in which it would affect revenue or appropriations as required by Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS proposed the following Amendment No. 136.
Amend as and if amended.
Section 41, page 41-036. Add a new proviso to the effect that:
No restaurant inspection fees shall be charged to any non-profit food service provider for the indigent or needy.
Amend title to conform.
Rep. HASKINS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. CARNELL, TUCKER, P. HARRIS, McABEE and COOPER proposed the following Amendment No. 62 (Doc. No. 2954Y), which was tabled.
Amend the bill, as and if amended, Part I, Section 41, by adding at the end of the section a new proviso to read:
/41. Any inspection fees implemented and collected by the Department in fiscal year 1987-88 that exceed in the aggregate the cost of the inspection program during this fiscal year must be deposited into the general fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
Rep. KLAPMAN raised the Point of Order that Amendment No. 62 was not germane to the Bill under Rule 5.3
The SPEAKER overruled the Point of Order.
Rep. J. BRADLEY spoke upon the amendment and moved to table the amendment which was agreed to.
Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on Amendment No. 136 which was agreed to.
Rep. HASKINS asked unanimous consent to substitute No. 136-A, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 136-A, which was adopted.
Amend as and if amended.
Page 41-036 add a new proviso to the effect that Section (41.32):
No Restaurant inspection fees shall be charged to any totally non-profit organization which is a food service provider, solely for the indigent or needy.
Amend title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. BAKER proposed the following Amendment No. 139.
Amend as and if amended.
Part I, Section 41, DHEC, page 41-036, after line 23, by inserting a new proviso to read: "Any inspection fees charged by DHEC must be reimbursed to the party from which they were collected out of the General Fund within thirty days."
Amend title and totals to conform.
Rep. BAKER explained the amendment.
Rep. J. BRADLEY moved to adjourn debate upon the Provisos of Section 41, which was adopted.
Section 42 was adopted.
Section 42.1 was adopted.
Section 42. 2 was adopted.
Section 42.3 was adopted.
Section 42.4 was adopted.
Section 42.5 was adopted.
Section 42.6 was adopted.
Section 42.7 was adopted.
Section 42.8 was adopted.
Section 42.9 was adopted.
Section 42.11 was adopted.
Section 42.12 was adopted.
Section 42.13 was adopted.
Section 42.15 was adopted.
Section 42.16 was adopted.
Section 42.17 was adopted.
Section 42.18 was adopted.
Section 42.19 was adopted.
Section 42.20 was adopted.
Section 43 was adopted.
Section 43.1 was adopted.
Section 43.2 was adopted.
Section 43.3 was adopted.
Section 43.5 was adopted.
Section 43.6 was adopted.
Section 43.7 was adopted.
Section 43.8 was adopted.
Section 44 was adopted.
Section 44.1 was adopted.
Section 44.2 was adopted.
Rep. HELMLY explained the Section.
Rep. RUDNICK proposed the following Amendment No. 103 (Doc. No. 2912Y).
Amend the bill, as and if amended, Part I, Section 45, page 45-003, by adding immediately after line 25 the following:
/(7) (8)
Contractual Services-Telephone 32,600 32,600/
Rep. RUDNICK explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. J. ROGERS proposed the following Amendment No. 144 (Doc. No. 3067Y).
Amend the bill, as and if amended, Part I, Section 45, page 45-018, by inserting in columns (7) and (8) immediately opposite /GENERAL ASSISTANCE-BOARDING HOME/ as contained on lines 20 and 21 the following:
/(7) (8)
5,128,421 5,128,421/.
Amend totals and title to conform.
Rep. J. ROGERS explained the amendment.
Rep. BLACKWELL spoke against the amendment.
Rep. HELMLY spoke upon the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. HELMLY moved to adjourn debate upon the Section, which was adopted.
Rep. R. BROWN proposed the following Amendment No. 48 (Doc. No. 2950Y).
Amend the bill, as and if amended, PART I, DEPARTMENT OF SOCIAL SERVICES, Section 45-20, beginning on line 1, by striking paragraph 45.1 and inserting:
/45.1. The Commissioner of the department or his designee shall approve all out-of-state travel for the department. All out-of-state travel for the department by an employee of a county department of social services, including the director of the county board of social services, also must have the approval of the chairman of the county board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. BROWN explained the amendment.
Rep. HELMLY spoke against the amendment and moved to table the amendment which was not agreed to by a division vote of 35 to 38.
Rep. HELMLY spoke against the amendment.
Rep. McBRIDE raised the Point of Order that Amendment No. 48 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. HELMLY moved to adjourn debate upon the amendment.
Rep. R. BROWN moved to table the motion to adjourn debate, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. BLACKWELL moved that the House recede until 2:00 P.M. which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Section 45.1.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Section n 45.1.
H. 2590 - Ways and Means Committee: THE APPROPRIATIONS BILL. (Abbreviated title)
Debate was resumed on Section 45.1.
Rep. R. BROWN moved to reconsider the vote whereby debate was adjourned on Amendment No. 48 which was agreed to.
Rep. R. BROWN explained the amendment.
The amendment was then adopted.
Section 45.2 was adopted.
Section 45.3 was adopted.
Rep. FOXWORTH moved to table the Section which was agreed to.
Section 45.5 was adopted.
Section 45.7 was adopted.
Rep. HELMLY explained the Section.
Section 45.8 was adopted.
Rep. NETTLES proposed the following Amendment No. 145.
Amend as and if amended. Part I, Section 45, Department of Social Services, page 45-020, Proviso No. 45.9, line 08, by striking /530.00/ and inserting /481.00/.
Amend further on page 45-020, line 09, by striking /500.00/ and inserting /456.00/.
Amend further on page 45-020, line 11, by striking /30.00/ and inserting /25.00/.
Amend title and totals to conform.
Rep. NETTLES explained the amendment.
Rep. HELMLY moved to adjourn debate upon the amendment and the Section, which was adopted.
Section 45.10 was adopted.
Rep. SHARPE raised the Point of Order that Section 45.11 was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 45.12 was adopted.
Section 45.13 was adopted.
Section 45.14 was adopted.
Section 45.15 was adopted.
Section 45.16 was adopted.
Section 45.18 was adopted.
Section 45.19 was adopted.
Section 45.20 was adopted.
Rep. HELMLY explained the Section.
Section 45.21 was adopted.
Section 45.22 was adopted.
Rep. RUDNICK proposed the following Amendment No. 103A (Doc. No. 2912Y), which was tabled.
By adding at the end of Section 45 the following proviso to read:
/Section 45.________. The amount of $32,600.00 appropriated for Contractual Services-Telephone in Subsection I (C) of this section must be used to install and maintain one additional telephone line in each local county DSS office to be used for handling incoming client telephone calls./
Amend totals and title to conform.
Rep. HELMLY spoke against the amendment.
Rep. TOAL spoke in favor of the amendment.
Rep..McLELLAN spoke against the amendment.
Rep. RUDNICK spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 22.
Rep. HASKINS moved to reconsider the vote whereby Section 45.10 was adopted, which was not agreed to by a division vote of 37 to 37.
Rep. P. BRADLEY moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Section 46 was adopted.
Section 46.1 was adopted.
Section 46.3 was adopted.
Section 47 was adopted.
Section 49 was adopted.
Section 49.1 was adopted.
Section 49.2 was adopted.
Section 50 was adopted.
Section 50.1 was adopted.
Section 50.2 was adopted.
Section 51 was adopted.
Section 51.1 was adopted.
Section 51.2 was adopted.
Section 51.3 was adopted.
Rep. WASHINGTON explained the Section.
Rep. DAVENPORT moved to adjourn debate upon the Section.
Rep. WASHINGTON moved to table the motion which was agreed to.
Rep. DAVENPORT moved to table the Section.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bradley, P. Brown, H. Davenport Ferguson Foxworth Haskins Limehouse McCain McEachin McGinnis Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Baxley Blackwell Boan Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Chamblee Clyborne Cooper Dangerfield Day Elliott Faber Fair Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hawkins Hayes Hodges Holt Huff Johnson, J.W. Jones Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. McBride McElveen McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Simpson Sturkie Taylor Toal Townsend Tucker Waldrop Washington Whipper White Wilder Williams Winstead
So, the House refused to table the Section.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. CARNELL moved to adjourn debate upon the Sections which was adopted.
Rep. McCAIN proposed the following Amendment No. 49, which was tabled.
Amend as and if amended. Section 54 as contained on page 54-001 is deleted in its entirety.
Amend totals and title to conform.
Rep. McCAIN explained the amendment.
Rep. KEYSERLING spoke against the amendment and moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman arthur Bailey, G. Bailey, K. Baker Baxley Blackwell Blanding Boan Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Hawkins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. McAbee McBride McElveen McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Sturkie Toal Townsend Tucker Waldrop Washington Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Aydlette Bradley, P. Brown, H. Foxworth Limehouse Mappus McCain McEachin Simpson Thrailkill
So, the amendment was tabled.
Section 54 was then adopted.
Section 55 was adopted.
Section 55.1 was adopted.
Section 55.3 was adopted.
Section 55.4 was adopted.
Section 55.5 was adopted.
Section 55.6 was adopted.
Section 55.7 was adopted.
Section 56 was adopted.
Section 56.1 was adopted.
Section 56.2 was adopted.
Rep. EVATT moved to adjourn debate upon the Sections which was adopted by a division vote of 60 to 18.
Section 58 was adopted.
Section 58.1 was adopted.
Section 58.2 was adopted.
Section 59 was adopted.
Rep. KIRSH proposed the following Amendment No. 20, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 60, Water Resources, page 60-002, line 03, by inserting in columns (7) and (8): $/207,850/.
Amend titles and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 60 as amended was adopted.
Section 60.1 was adopted.
Section 61 was adopted.
Section 61.1 was adopted.
Section 61.2 was adopted.
Rep. McABEE explained the Section.
Section 61.3 was adopted.
Section 61.4 was adopted.
Section 61.6 was adopted.
Section 61.7 was adopted.
Rep. WALDROP proposed the following Amendment No. 93, which was rejected.
Amend as and if amended. Part I, Section 62, State Forestry Commission, Page 62-001, line 5, by inserting in columns (7) and (8): $/634,667/.
Amend further, line 27, by inserting in columns (7) and (8): $/8,575,289/.
Amend title and totals to conform.
Rep. WALDROP explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. WALDROP spoke in favor of the amendment.
Rep. McTEER moved to table the amendment, which was not agreed to by a division vote of 35 to 44.
Reps. McABEE and M.O. ALEXANDER spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. M.O. ALEXANDER moved to table the amendment.
Rep. WALDROP 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. WALDROP demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Baker Barfield Baxley Bennett Blanding Brown, G. Brown, J. Brown, R. Burriss, J.H. Chamblee Cork Corning Davenport Derrick Edwards Faber Felder Ferguson Gentry Harvin Haskins Hawkins Hearn Hendricks Huff Jones Martin, D. McBride McCain McEachin McElveen McKay McLeod, E.B. McLeod, J.W. Nettles Petty Rogers, T. Russell Sheheen Short Simpson Taylor Thrailkill Toal Tucker Waldrop Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Blackwell Boan Brown, H. Carnell Clyborne Cooper Dangerfield d Day Elliott Evatt Foster Foxworth Gilbert Cordon Gregory Harris, J. Hodges Holt Johnson, J.W Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, L. Mattos McAbee McLellan McTeer Moss Nesbitt Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Sharpe Shelton Snow Stoddard Townsend Wells Wilkins Williams
So, the amendment was rejected.
Section 62 was then adopted.
Section 62.1 was adopted.
Section 62.2 was adopted.
Section 62.3 wac adopted.
Section 62.4 was adopted.
Section 62.5 was adopted.
Section 62.7 was adopted.
Section 63 was adopted.
Section 63.1 was adopted.
Section 63.2 was adopted.
Section 63.3 was adopted.
Section 64 was adopted.
Section 64.1 was adopted.
Section 64.2 was adopted.
Reps. LOCKEMY and FOXWORTH proposed the following Amendment No. 158.
Amend as and if amended. Section 65 page 65-004 line 8 add 40,000 to column 6 so that column 7 and 8 will read:
(7) (8)
4,818,781 3,583,121
Amend to conform.
Rep. LOCKEMY explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. FOXWORTH spoke in favor of the amendment.
Rep. GREGORY spoke against the amendment.
Rep. LOCKEMY spoke in favor of the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. McKAY proposed the following Amendment No. 173, which was tabled.
Amend as and if amended. Part I, Section 65, Clemson-PSA page 65-005, line 13, by inserting in column (7): $/1,392,784/ and in column (8):
$/1,054,705/.
Amend title and totals to conform.
Rep. McKAY explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. GILBERT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 3.
Reps. LOCKEMY, FOXWORTH and G. BAILEY proposed the following Amendment No. 164, which was tabled.
Amend as and if amended. On line 27, Page 65-004, Section 65, Add $25,000 so that columns 7 and 8 will read:
(7) (8)
179,738 167,925
Amend title and totals to conform.
Rep. LOCKEMY moved to adjourn debate upon the amendment.
Rep. KLAPMAN moved to table the amendment, which was agreed to.
Rep. LOCKEMY moved to reconsider the vote whereby debate was adjourned on Amendment No. 158, which was agreed to.
Rep. LOCKEMY explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. LOCKEMY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 65 to 16.
Section 65 was adopted.
Section 65.1 was adopted.
Section 65.2 was adopted.
Section 65.3 was adopted.
Reps. LOCKEMY, FOXWORTH and G. BAILEY proposed the following Amendment No. 165, which was tabled.
Amend as and if amended. Add a new proviso which states on page 65-007, Section 65:
65.4 $/40,000 of money appropriated for Agricultural Research Classified Positions must be used for an entomologist to do research on fire ants to include joint work with agromedicine and public education on fire ant control.
Amend to conform.
Rep. LOCKEMY explained the amendment.
Rep. McABEE moved to table the amendment which was agreed to by a division vote of 49 to 42.
Reps. LOCKEMY, FOXWORTH and C. BAILEY proposed the following Amendment No. 166, which was adopted.
Amend as and if amended.
Add a new proviso on page 65-007 Section 65 Part I which states: Section 65.4:
$25,000 of money allocated on page 65-004, Section 65, Part I, line 27 (Misc. Gen. Oper.) shall be used to provide equipment, supplies, travel and research materials to an entomologist for the study, control, eradication and public education on the fire ant.
Amend to conform.
Rep. LOCKEMY explained the amendment.
Rep. McABEE spoke against the amendment and moved to table the amendment which was not agreed to by a division vote of 40 to 51.
Rep. McTEER spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 50 to 23.
Section 66 was adopted.
Section 67 was adopted.
Section 67.1 was adopted.
Section 67.2 was adopted.
Rep. TOAL raised the Point of Order that Section 67.3 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Section 67.3 as amended was adopted.
Section 67.4 was adopted.
Section 67.5 was adopted.
Section 67.6 was adopted.
Section 67.7 was adopted.
Section 67.8 was adopted.
Section 67.9 was adopted.
Rep. HUFF raised the Point of Order that Section 67.10 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 67.11 was adopted.
Rep. TOAL raised the Point of Order that Section 67.12 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. HUFF raised the Point of Order that Section 67.13 was out of order as it was not germane to the Bill under Rule 5. 3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 67.14 was adopted.
Section 67.15 was adopted.
Rep. KIRSH proposed the following Amendment No. 21, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 68, Coastal Council, page 68-001, line 26, by inserting in column (7): $/289,550/ and in column (8): $/227,150/.
Amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 68, as amended, was adopted.
Section 69 was adopted.
Section 69.1 was adopted.
Section 70 was adopted.
Section 70.1 was adopted.
Section 70.2 was adopted.
Section 70.3 was adopted.
Section 70.4 was adopted.
Section 70.5 was adopted.
Section 70.6 was adopted.
Section 70.7 was adopted.
Section 70.8 was adopted.
Rep. KIRSH proposed the following Amendment No. 22, which was adopted.
Amend the Bill, as and if amended, in part I, Section 71, State Development Board, page 71-004, line 35, by inserting in column (7) and (8): $/419,446/.
Amend titles and totals to conform.
Section 71, as amended, was adopted.
Section 71.1 was adopted.
Rep. KIRSH proposed the following Amendment No. 23, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 72, Jobs and Economic Development Authority, page 72-001, line 17, by inserting in columns (7) and (8): $/33,250/.
Amend titles and totals to conform.
Section 72, as amended, was adopted.
Section 73 was adopted.
Section 75 was adopted.
Rep. FELDER proposed the following Amendment No. 86 (Doc. No. 2985Y), which was adopted.
Amend the bill, as and if amended, Part I, Section 76, page 76-001, by inserting in columns (7) and (8) opposite /Contractual Services/ as contained on line 11, the following:
/ (7) (8)
12,247 9,869/
and by inserting immediately following line 16, the following:
/Nonrecurring Expenses (7) (8)
Contractual Services
Special Item 20,000 20,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
Rep. BLACKWELL moved to adjourn debate upon the Section, which was adopted.
Section 77 was adopted.
Section 77.1 was adopted.
Section 77.2 was adopted.
Section 77.3 was adopted.
Section 77.4 was adopted.
Section 77.5 was adopted.
Section 77.6 was adopted.
Section 78 was adopted.
Section 79 was adopted.
Rep. TOAL raised the Point of Order that Section 79.2 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. HUFF raised the Point of Order that Section 79.3 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. HUFF raised the Point of Order that Section 79.4 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. WHITE raised the Point of Order that Section 79.5 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Rep. AYDLETTE moved to adjourn debate upon the Section 79 Provisos.
Rep. HUFF moved to table the motion, which was agreed to.
Section 79A was adopted.
Section 80 was adopted.
Section 81 was adopted.
Section 81.1 was adopted.
Section 81.2 was adopted.
Section 81.3 was adopted.
Section 82A was adopted.
Section 82B was adopted.
Section 82C was adopted.
Section 82.1 was adopted.
Section 83 was adopted.
Section 83.2 was adopted.
Section 83.3 was adopted.
Section 85 was adopted.
Section 86 was adopted.
Section 86.1 was adopted.
Section 86.2 was adopted.
Section 86.3 was adopted.
Section 86.4 was adopted.
Section 86.5 was adopted.
Section 86.6 was adopted.
Section 86.7 was adopted.
Rep. KIRSH explained the Sections and moved to adjourn debate upon the Sections, which was adopted.
Section 87 was adopted.
Section 87.1 was adopted.
Section 87.2 was adopted.
Section 88 was adopted.
Section 89 was adopted.
Section 89.1 was adopted.
Section 89.2 was adopted.
Section 89.3 was adopted.
Reps. McLELLAN, KIRSH and KLAPMAN proposed the following Amendment No. 135.
Amend the Bill, as and if amended. Part I, Section 90, Board of Accountancy, page 90-001, line 04, by inserting in columns (7) and (8): $/53,153/.
Amend titles and totals to conform.
Rep. McLELLAN explained the amendment and moved to adjourn debate upon the amendment and Sections 90 and 90.1, which was adopted.
Rep. EVATT proposed the following Amendment No. 64, which was adopted.
Amend the Bill, as and if amended, in part I, Section 91, Board of Architectural Examiners, page 91-001, line 15, by inserting in columns (7) and (8): $/43,415/.
Amend totals and titles to conform.
Rep. EVATT explained the amendment.
The amendment was then adopted.
Section 91 as amended was adopted.
Section 92 was adopted.
Section 93 was adopted.
Section 94 was adopted.
Rep. McLELLAN explained the amendment.
Rep. TOAL moved to adjourn debate upon the Section, which was adopted.
Reps. P. HARRIS, GORDON and MATTOS proposed the following Amendment No. 65, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 96, Board of Chiropractic Examiners, page 96-001, line 14, by inserting in columns (7) and (8): $/10,630/.
Amend totals and title to conform.
Rep. MATTOS explained the amendment. The amendment was then adopted.
Section 96 as amended was adopted.
Section 97 was adopted.
Section 98 was adopted.
Section 99 was adopted.
Section 100 was adopted.
Section 101 was adopted.
Section 102 was adopted.
Section 103 was adopted.
Section 103A was adopted.
Section 104 was adopted.
Section 105 was adopted.
Section 106 was adopted.
Section 107 was adopted.
Section 108 was adopted.
Rep. EVATT proposed the following Amendment No. 50, which was adopted.
Amend the Bill, as and if amended. Part I, Section 109, Board of Examiners in Optometry, page 109-001, by inserting in column 7 and column 8 the following:
line 07 per Diem, /$5,950/
line 10 Contractual Services, /$17,700/
line 14 Travel, /$10,725/
Amend titles and totals to conform.
Rep. EVATT explained the amendment.
The amendment was then adopted.
Section 109 as amended was adopted.
Section 110 was adopted.
Section 111 was adopted.
Section 112 was adopted.
Section 112A was adopted.
Section 113 was adopted.
Rep. KIRSH proposed the following Amendment No. 24, which was adopted.
Amend the Bill, as and if amended, in part I, Section 114, Real Estate Commission, page 114-001, line 23, by inserting in columns (7) and (8): $/130,025/.
Amend titles and totals to conform.
Section 114 as amended was adopted.
Section 114.1 was adopted.
Section 114.2 was adopted.
Section 115 was adopted.
Section 116 was adopted.
Section 117 was adopted.
Section 118 was adopted.
Section 119 was adopted.
Section 120 was adopted.
Rep. KIRSH explained the Section. Section 120.1 was adopted.
Section 120.2 was adopted.
Section 120.3 was adopted.
Section 120.4 was adopted.
Section 120.6 was adopted
Section 120.7 was adopted.
Section 120.8 was adopted.
Section 120.9 was adopted.
Rep. KIRSH explained the Section.
Section 120.13 was adopted.
Rep. SHARPE raised the Point of Order that Section 120.14 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 122 was adopted.
Section 122.1 was adopted.
Section 122.2 was adopted.
Section 122.3 was adopted.
Section 122.4 was adopted.
Section 122.5 was adopted.
Section 122.6 was adopted.
Reps. BOAN, LEWIS and J. HARRIS proposed the following Amendment No. 55, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 125, Aid to Subdivisions, page 125-002, line 12, by inserting in columns (7) and (8): $/0/.
Amend further, line 13, by inserting in columns (7) and (8): $/0/.
Amend further, page 125-003, by inserting the following new lines after line seven and inserting the dollar amounts in columns (7) and (8):
(7) (8)
/Aid to Co. - Auditors 722,931 722,931
Aid to Co. - Treasurers 722,930 722,930/.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 125 as amended was adopted.
Section 125.1 was adopted.
Section 125.2 was adopted.
Section 125.3 was adopted.
Section 125.4 was adopted.
Section 125.5 was adopted.
Section 125.6 was adopted.
Section 125.7 was adopted.
Section 125.8 was adopted.
Section 125.9 was adopted.
Section 125.12 was adopted.
Section 125.13 was adopted.
Rep. LEWIS explained the Section.
Section 125.16 was adopted.
Reps. KIRSH, HAYES and FAIR proposed the following Amendment No. 66 (Doc. No. 2906Y), which was adopted.
Amend the bill, as and if amended, Part I, Section 125, which begins on page 125-001 by adding at the end of the section the following proviso to read:
/Section 125. 17 . Notwithstanding the amount appropriated in this section for alcoholic liquors-minibottle tax, the tax revenues generated from the sale of minibottles must be funded at one hundred percent of the revenues received, and allocated in accordance with Section 61-5-150 of the 1976 Code./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEWIS explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 19 to 70.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 126 was adopted.
Section 126.1 was adopted.
Rep. RUDNICK proposed the following Amendment No. 180, which was ruled out of order.
Amend as and if amended. Section 126 to add 126.2, that every county be allowed a minimum of four traffic lights per county per year.
Rep. TOAL raised the Point of Order that Amendment No. 180 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH explained the Section.
Rep. TOAL moved to adjourn debate upon the Section, which was rejected.
Rep. TOAL moved to table the Section, which was not agreed to by a division vote of 13 to 74.
Section 126.2 was adopted.
Section 126.3 was adopted.
Section 126.4 was adopted.
Section 126.5 was adopted.
Section 126.6 was adopted.
Section 126.7 was adopted.
Section 126.8 was adopted.
Section 126.9 was adopted.
Rep. KIRSH explained the Section.
Rep. LIMEHOUSE spoke against the Section and moved to table the Section, which was not agreed to by a division vote of 20 to 65.
The question then recurred to the adoption of the Section, which was agreed to.
Section 126.11 was adopted.
Rep. KIRSH explained the Section.
Section 126.13 was adopted.
Rep. KIRSH explained the Section.
Section 126.15 was adopted.
Rep. KIRSH explained the Section.
Rep. SIMPSON raised the Point of Order that Section 126.17 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 126.18 was adopted.
Section 126.19 was adopted.
Section 126.20 was adopted.
Section 126.21 was adopted.
Section 126.22 was adopted.
Section 126.23 was adopted.
Section 126.24 was adopted.
Section 126.25 was adopted.
Rep. KIRSH explained the Section.
Section 126.26 was adopted.
Rep. KIRSH explained the Section.
Rep. FOXWORTH moved to table the Section.
Rep. FOSTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Cork Davenport Foxworth Koon Mappus Sharpe Thrailkill Townsend Tucker
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Brown, G. Brown, H. Brown, J. Carnell Chamblee Clyborne Cooper Dangerfield Day Derrick Edwards Elliott Evatt Faber Fair Foster Gentry Gordon Harris, J. Harvin Haskins Hawkins Hayes Hearn Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Washington Wells Whipper White Wilkins Williams Winstead
So, the House refused to table the Section.
Rep. FOXWORTH raised the Point of Order that Section 126.27 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. HUFF moved to reconsider the vote whereby Section 126.13 was adopted, which was agreed to.
Reps. HUFF, E.B. McLEOD and BAXLEY proposed the following Amendment No. 184, which was adopted.
Amend as and if amended. 126.13 at page 126.
By inserting delegation 013 that if any amendment or approval of any "C" Fund plan is made that the entire delegation will be notified within 7 days in writing of the amendment and those members of the delegation requesting that amendment;
And amend further by deleting the word "resident" on line 05 thereof.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Section 126.13 as amended was adopted.
Rep. KAY moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
Rep. McLELLAN moved to reconsider the vote whereby Sections 30.5, 34.14, 35, 35.1, 35.2, 35.3, 36, 37, 37.1, 37.2, 37.3, 38, 38.1, 38.2, 39, 39.1, 39.3, 39.4, 39.5, 39.6, 39.7, 39.9, 40, 40.1, 40.3, 40.4, 40.5, 40.8, 40.9, 40.11, 40.12, 40.15, 40.16, 40.20, 40.22, 40.23, 40.24, 40.25, 40.26, 41.1, 41.2, 41.3, 41.4, 41.5, 41.6, 41.7, 41.8, 41.9, 41.10, 41.11, 41.12, 41.13, 41.14, 41.15, 41.16, 41.17, 41.19, 41.20, 41.21, 41.22, 41.23, 41.24, 41.26, 41.30, 41.32, 42, 42.1, 42.2, 42.3, 42.4, 42.5, 42.6, 42.7, 42.8, 42.9, 42.11, 42.12, 42.13, 42.15, 42.16, 42.17, 42.18, 42.19, 42.20, 43, 43.1, 43.2, 43.3, 43.5, 43.6, 43.7, 43.8, 44, 44.1, 44.2, 45.1, 45.2, 45.3, 45.5, 45.7, 45.8, 45.9, 45.10, 45.12, 45.13, 45.14, 45.15, 45.16, 45.18, 45.19, 45.20, 45.21, 45.22, 46, 46.1, 46.3, 47, 49, 49.1, 49.2, 50, 50.1, 50.2, 51, 51.1, 51.2, 51.3, 52, 54, 55, 55.1, 55.3, 55.4, 55.5, 55.6, 55.7, 56, 56.1, 56.2, 58, 58.1, 58.2, 59, 60, 60.1, 61, 61.1. 61.2, 61.3, 61.4, 61.6, 61.7, 62, 62.1, 62.2, 62.3, 62.4, 62.5, 62.7, 63, 63.1, 63.2, 63.3, 64, 64.1, 64.2, 65, 65.1, 65.2, 65.3, 65.4, 66, 67, 67.1, 67.2, 67.3, 67.4, 67.5. 67.6, 67.7, 67.8, 67.9, 67.11, 67.14, 67.15, 68, 69, 69.1, 70, 70.1, 70.2, 70.3, 70.4, 70.5, 70.6, 70.7, 70.8, 71, 71.1, 72, 73, 75, 77, 77.1, 77.2, 77.3, 77.4, 77.5, 77.6, 78, 79, 79A, 80, 81, 81.1, 81.2, 81.3, 82A, 82B, 82C, 82.1, 83, 83.2, 83.3, 85, 86, 86.1, 86.2, 86.3, 86.4, 86.5, 86.6, 86.7, 87, 87.1, 87.2, 88, 89, 89.1, 89.2, 89.3, 91, 92, 93, 94, 96, 97, 98, 99, 100, 101, 102, 103, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 112A, 113, 114, 114.1, 114.2, 115, 116, 117, 118, 119, 120, 120.1, 120.2, 120.3, 120.4, 120.6, 120.7, 120.8, 120.9, 120.13, 122, 122.1, 122.2, 122.3, 122.4, 122.5, 122.6, 125, 125.1, 125.2, 125.3, 125.4, 125.5, 125.6, 125.7, 125.8, 125.9, 125.12, 125.13, 125.16, 125.17, 126, 126.1, 126.2, 126.3, 126.4, 126.5, 126.6, 126.7, 126.8, 126.9, 126.10, 126.11, 126.13, 126.15, 126.18, 126.19, 126.20, 126.21, 126.22, 126.23, 126.24, 126.25, 126.26, 126.27 were adopted and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 2678 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 10-16, 1987, AS "NEWBERRY COUNTY JUNIOR PAGEANT WEEK" IN NEWBERRY COUNTY.
At 6:15 P.M. the House in accordance with the motion of Rep. KAY adjourned to meet at 9:30 A.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:39 P.M.