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:
O God our Father, our Help for every new day and our Hope for every unknown tomorrow, look upon us with Your favor that we may behold the ever-abiding evidences of Your presence. We thank You for homes to share, for kindred to love, for friends to cherish, for places of service to fill, and for work to do. Forbid that we should walk through this world with unseeing eyes or ungrateful hearts. As the Springtime tips northward, bringing with it the beautiful array of flowers and as the chorus of the birds greets the mornings with their songs, God forbid that we should possess an unresponsive attitude.
We pray to our God Who reveals Himself lavishly in loveliness and in goodness. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 13, 1987
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
The South Carolina Education Association cordially invites members of the House of Representatives to attend a reception honoring members of the General Assembly on Wednesday evening, April 1, 1987, from 7:00 - 9:00 p.m. The event will be held at the Radisson Hotel Columbia, Assembly Street.
Members of our association look forward to greeting you and the other members of the House and to sharing the pleasure of your company.
Sincerely,
Elaine W. Marks
November 24, 1987
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
On behalf of the Home Builders Association of South Carolina and the South Carolina Builders Political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual "Bird Supper", Tuesday, April 7, 1987 at the Ellison Building, State Fairgrounds, Columbia, S.C. Cocktails will be served at 7:00 P.M. and dinner at 7:45 P.M.
We look forward to this evening with our legislators.
Sincerely,
Larry W. Paul
1987 President-Elect
March 17, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
If you could please take the following information down for Winthrop College and see about getting it approved for information on the House Calendar it would be appreciated. Winthrop College wants to have a reception on Wednesday, April 8th, 6:30 to 8:00 P.M., at the Radisson for the entire legislature. This reception will be in conjunction with "Winthrop Day" on April 9th.
Yours very truly,
John C. Hayes, III
February 10, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
On behalf of the Friends of Agriculture and Aquaculture Board of Directors, I would like to take this opportunity to invite the members of the General Assembly to our 5th Annual Salute to Agriculture and Aquaculture to be held April 15th beginning at 6:00 at the Cantey Building, State Fairgrounds.
Formal invitations will be sent the week before the event to each House member which will include the tickets necessary for admittance. As this is a fund-raising event with portions of the proceeds going to agricultural, forestry and aquacultural scholarships, cups will be sold for beverage consumption. Free cups will be provided to the General Assembly members which should be picked up by each House member from the booth marked "General Assembly Cups & Nametags" upon their entrance into the Cantey Building. Please provide these instructions in your Calendar.
We certainly look forward to your being able to join us on the 15th.
Sincerely,
Robert Lee Scarborough
Chairman of the Board
November 11, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Barfield:
Wishing to establish closer ties and personal liaison between the members of the General Assembly and their constituents in our industry, Carolinas Branch, Associated General Contractors of America cordially invites you and the other members of the General Assembly to attend our annual legislative reception between the hours of 6:00 and 8:00 p.m., April 21, 1987.
This year's theme Reception will be held at the Radisson Hotel on Assembly Street.
I appreciate your consideration in this matter and if I can be of assistance, please do not hesitate to call.
Sincerely,
John N. McMillan, Sr.
Highway-Heavy Manager
March 6, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211
Dear Rep. Foster:
We respectfully request that the invitation for the 1987 Governmental Appreciation Barbeque sponsored by the Clemson University Board of Visitors read as follows in the Calendar of the House: Tuesday, April 28, 1987, 6:30 p.m.
Members of the House and Spouses or Guests, Clerks, Attaches and Staff, Governmental Appreciation Barbeque, by the Clemson University Board of Visitors, Defender Industries' Lake Club House, Sumter Highway.
Thank you for your consideration of this event.
Kindest Regards,
Wade A. Green
Assistant to the President
for Public Affairs
The following was introduced:
H. 2690 -- Reps. M.D. Burriss, Faber, Hearn, T. Rogers, Corning, Taylor, T.M. Burriss, Toal, McBride, Evatt and J. Brown: A HOUSE RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS FOR WINNING THE STATE CLASS AAAA BOYS' BASKETBALL CHAMPIONSHIP AND TO INVITE THE TEAM AND THE COACHING STAFF TO BE THE GUESTS OF THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MAY 6, 1987, AT TWELVE O'CLOCK NOON.
The Resolution was adopted.
The following was introduced:
H. 2691 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR VARSITY GIRLS' BASKETBALL TEAM OF LAURENCE MANNING ACADEMY, CLARENDON COUNTY, FOR COMPILING A SUPERB SEASON RECORD AND TO RECOGNIZE HEAD COACH MIKE LOWDER FOR HIS BRILLIANT COACHING JOB AND INSPIRING THE LADY SWAMPCATS TO BRING HONOR AND PRESTIGE TO THEMSELVES AND THEIR SCHOOL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2692 -- Reps. McEachin, Gilbert, Nettles, J.W. McLeod and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CARRIE COLLINS OF FLORENCE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2693 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. DORIS CHESSER OF AIKEN COUNTY UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 2694 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 22, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, THE STATE COLLEGE BOARD OF TRUSTEES, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, AND MEMBERS OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1987, AND TO ELECT A MEMBER TO FILL THE UNEXPIRED PORTION OF THE TERM OF THE TRUSTEE VACANCY AT SOUTH CAROLINA STATE COLLEGE.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, April 22, 1987, for the purpose of electing members of the Board of Trustees for South Carolina State College, the State College Board of Trustees, the Wil Lou Gray Opportunity School Board of Trustees, and members of the Board of Visitors for the Citadel to succeed those members whose terms expire in 1987 and to elect a member to fill the unexpired portion of the term of the trustee vacancy at South Carolina State College.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 2695 -- Reps. Wilkins, J.W. Johnson, Pearce, T.M. Burriss, P. Bradley, Gentry, Elliott, Dangerfield, Boan and Hodges: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.
Referred to Committee on Judiciary.
H. 2696 -- Reps. Wilkins, J.W. Johnson, Gentry, Pearce, P. Bradley, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.
Referred to Committee on Judiciary.
H. 2697 -- Reps. Wilkins, J.W. Johnson, Pearce, P. Bradley, Gentry, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND ARTICLE 3, CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND THE ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-295 SO AS TO PROVIDE THAT IF ANY PERMITTEE OR LICENSEE, OR SERVANT, AGENT, OR EMPLOYEE OF THE PERMITTEE OR LICENSEE PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF ANY CRIMINAL OFFENSE WHICH OCCURRED ON THE LICENSED PREMISES, THE CONVICTION OR PLEA CONSTITUTES PROOF THAT THE OFFENSE OCCURRED AND THE RECORD OR A WRITTEN SUMMARY OF THE FACT THEREOF ARE ADMISSIBLE IN AN ADMINISTRATIVE PROCEEDING BEFORE THE COMMISSION.
Referred to Committee on Judiciary.
H. 2698 -- Reps. Wilkins, J.W. Johnson, Pearce, Elliott, P. Bradley, Gentry and Dangerfield: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 2699 -- Reps. Clyborne, Baker, Haskins, Kirsh, Gilbert, Petty and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-235 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF ANY CHANGES IN COVERAGE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.
Referred to Committee on Labor, Commerce and Industry.
H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.
Referred to Dorchester Delegation.
H. 2701 -- Rep. Limehouse: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT DORCHESTER COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE DORCHESTER COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE FOR THE TERM OF OFFICE OF THE DORCHESTER COUNTY REGISTER OF MESNE CONVEYANCES.
Referred to Dorchester Delegation.
H. 2702 -- Reps. Simpson, Hendricks and L. Martin: A BILL TO AMEND ACT 609 OF 1984, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE MONTHLY EXPENSE ALLOWANCE OF MEMBERS OF THE BOARD.
Without reference.
H. 2703 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-1276, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR DEER AND RACCOON IN GAME ZONE NO. 10, SO AS TO DELETE THE PROVISION LIMITING THE NUMBER OF ANTLERED DEER THAT MAY BE KILLED EACH DAY.
Referred to Committee on Agriculture and Natural Resources.
H. 2704 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 IN TITLE 15 SO AS TO ENACT THE UNIFORM FEDERAL LIEN REGISTRATION ACT AND TO REPEAL CHAPTER 57 OF TITLE 12 RELATING TO FEDERAL TAX LIENS.
Referred to Committee on Judiciary.
H. 2705 -- Rep. M.D. Burriss: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ANY ITEMS OF PERSONAL PROPERTY SOLD BY PARENT TEACHER ASSOCIATIONS OR ORGANIZATIONS FOR THE BENEFIT OF THE SCHOOL WITH WHICH THEY ARE ASSOCIATED.
Referred to Committee on Ways and Means.
H. 2706 -- Reps. P. Bradley, Baker, Blackwell, Fair and Clyborne: A BILL TO PROVIDE FOR THE SUBDIVISION OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.
Referred to Committee on Education and Public Works.
H. 2707 -- Reps. M.O. Alexander, Clyborne, Haskins, Mattos, L. Phillips, Shelton and Wilkins: A BILL TO AMEND ACT 275 OF 1985, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO INCREASE FROM SEVENTY-TWO TO EIGHTY THE MAXIMUM MILLAGE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE DISTRICT.
Without reference.
H. 2708 -- Rep. Harvin: A BILL TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT ON THOSE PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM OR ON OTHER STREETS AND HIGHWAYS IN SOUTH CAROLINA WHERE FEDERAL LAW PERMITS THIS STATE TO RAISE THE SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR, THE SPEED LIMIT THEREON IS THAT HIGHER SPEED LIMIT.
Referred to Committee on Education and Public Works.
H. 2709 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO ATTAIN CERTAIN RATIOS BETWEEN REGISTERED SCHOOL NURSES AND STUDENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.
Referred to Committee on Judiciary.
H. 2711 -- Rep. G. Brown: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, SO AS TO REVISE THE PROVISIONS GOVERNING THE PRACTICE OF BARBERING BY PROVIDING FOR DEFINITIONS, THE OPERATION OF SCHOOLS AND SHOPS, THE BOARD OF BARBER EXAMINERS, THE ADVISORY COMMITTEE TO THE BOARD, THE DUTIES OF THE BOARD AND COMMITTEE, REQUIREMENTS OF LICENSING, PROMULGATION OF REGULATIONS, RESTRICTION OF A LICENSE OR DISCIPLINE OF A LICENSEE, EXEMPTIONS, AND PENALTIES FOR VIOLATIONS; TO EXEMPT BARBER SHOPS IN PRIVATE RESIDENCES LICENSED BEFORE JANUARY 2, 1986, FROM PROVISIONS RELATIVE TO SEPARATE TOILET FACILITIES AND ENTRANCES; AND TO PROVIDE FOR THE BEGINNING OF THE TERMS OF THE ADVISORY COMMITTEE AND MEMBERS OF THE STATE BOARD OF BARBER EXAMINERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 510 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FRIABLE ASBESTOS MATERIALS IN SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 639, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Day Elliott Evatt Faber Fair Felder Ferguson Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Thursday, March 19, 1987.
James C. Johnson Ralph Davenport Dell Baker Dave Waldrop Mickey Burriss Lenoir Sturkie John D. Bradley, III Robert A. Kohn James E. Lockemy Paul Derrick John R. Russell Samuel R. Foster Jack Gregory T.W. Edwards J. McElveen
STATEMENT OF ATTENDANCE
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 11, 1987.
Announcement was made that James C. McAlpine, Jr., of Camden is the Doctor of the Day for the General Assembly.
Rep. TOAL moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
The following was received.
March 18, 1987
The Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Bldg.
Columbia, S.C. 29211
Dear Bob:
Pursuant to my conversation with Dick Padgett, I am writing you requesting access to the House floor for myself, Larry Marchant, and Graham Tew of my staff.
I realize the difficulties you encounter and will respect your wish of having only one of us on the floor at a time. It is not our intention to lobby members, but to provide service to the members who are constantly interacting with our office concerning problems and special needs.
Respectfully,
Timothy A. Brett
Director of Public and
Political Affairs
On motion of Rep. TOAL, with unanimous consent, the request was granted.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 2590 -- (The General Appropriations Bill)
Section 129.1 was adopted.
Section 129.2 was adopted.
Rep. KIRSH explained the Section and moved to adjourn debate upon the Section, which was adopted.
Section 129.4 was adopted.
Section 129.5 was adopted.
Section 129.6 was adopted.
Section 129.7 was adopted.
Section 129.8 was adopted.
Section 129.9 was adopted.
Section 129.10 was adopted.
Section 129.11 was adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 138 (Doc. No. 2946Y).
Amend the bill, as and if amended, Part I, Section 129, page 129-005, by striking subsection G. which begins on line 1 of the lefthand column and inserting:
/G. No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the county in which he resides but within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business within or without his circuit at a location fifty miles or more from his residence, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment and moved to adjourn debate upon the Section, which was adopted.
Section 129.13 was adopted.
Section 129.14 was adopted.
Section 129.15 was adopted.
Rep. KIRSH proposed the following Amendment No. 25, which was adopted.
Amend the bill, as and if amended, in Part I, Section 129, General Provisions, page 129-007, left-hand column, line 03, #129.16, by striking: /$25,000/ and inserting: "an amount determined by the Joint Bond Review Committee and the Budget and Control Board."
Amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 129.16 as amended was adopted.
Rep. KIRSH proposed the following Amendment No. 26, which was adopted.
Amend the Bill, as and if amended, in Part I, Section 129, General Provisions, page 129-007, left hand column, line 45, #129.17, by inserting a new line: "4) Reason that there are excess funds in an account to be transferred."
Amend further on page 129-007, right hand column, line 01, #129.17, by striking: /4)/ and inserting: /5)/.
Amend title and totals to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 129.17 as amended was adopted.
Section 129.18 was adopted.
Rep. AYDLETTE proposed the following Amendment No. 142.
Amend and as if amended. Section 129.19, by adding at the end of the first sentence, the following: "Such reports shall contain, in addition to the information already required, any rule or regulation which the department or agency wishes to promulgate. All such rules or regulations must be passed by an affirmative vote of the General Assembly before they can become law."
Amend also by adding at the end of the sentence on line 18 the following: "A copy of any of the these reports Shall be made available to anyone upon request and upon a payment of 10 cents each plus postage except that the State and other libraries shall pay no fee. All funds derived from the sale of these reports shall be turned into the general fund."
Rep. KIRSH moved to adjourn debate upon the Section, which was adopted.
Section 129.20 was adopted.
Section 129.21 was adopted.
Section 129.22 was adopted.
Section 129.23 was adopted.
Section 129.24 was adopted.
Section 129.25 was adopted.
Section 129.26 was adopted.
Section 129.27 was adopted.
Section 129.28 was adopted.
Section 129.29 was adopted.
Section 129.31 was adopted.
Section 129.32 was adopted.
Section 129.33 was adopted.
Section 129.34 was adopted.
Section 129.35 was adopted.
Section 129.36 was adopted.
Section 129.37 was adopted.
Section 129.38 was adopted.
Section 129.39 was adopted.
Section 129.40 was adopted.
Section 129.41 was adopted.
Section 129.42 was adopted.
Section 129.45 was adopted.
Section 129.47 was adopted.
Section 129.48 was adopted.
Section 129.49 was adopted.
Section 130.1 was adopted.
The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission Meeting.
Reps. O. PHILLIPS, SHELTON, HARVIN, McGINNIS, TOAL, NEILSON, ARTHUR, MOSS and WELLS proposed the following Amendment No. 94 (Doc. No. 2990Y).
Amend the bill, as and if amended, Part I, by adding immediately following proviso 129.49 which begins on page 129-012 a new proviso to be appropriately numbered which shall read:
/129.____. Any permanent part-time state employee (PPT) who desires to work for more than one state agency must obtain the permission of each state agency employing the employee but is not required to obtain the approval of the Budget and Control Board as a condition of such dual employment./
Amend totals and title to conform.
Rep. O. PHILLIPS explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 94 was out of order as it was not germane to the Bill.
Rep. TOAL argued that the amendment was a regulation, as provided for in Rule 5.3.
The SPEAKER stated he would withhold ruling on the Point until more information could be provided.
Rep. TOAL moved to adjourn debate upon the amendment, which was adopted.
Rep. NETTLES proposed the following Amendment No. 163 (Doc. No. 2920Y), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered paragraph at the end of SECTION 129, page 129-013, immediately after line 1, to read:
/Notwithstanding Section 11-11-310, Code of Laws of South Carolina, 1976, a portion of the unexpended balance of funds appropriated in Part 1 of Act 540 of 1986, not to exceed $1.5 million, must be used for the construction of a water impoundment in Florence County. This impoundment will be used for water supply, recreation, flood control, and other related purposes and its construction costs must be matched by local governmental sponsors./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McEACHIN moved to adjourn debate upon the amendment, which was adopted.
Rep. McEACHIN moved to reconsider the vote whereby debate was adjourned on Amendment No. 163 which was agreed to.
Rep. NETTLES explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 163 was out of order as it dealt with funds from other than the fiscal year of the Bill.
The SPEAKER overruled the Point of Order as the amendment dealt with the unexpended funds, which are provided for in other parts of the Bill.
Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 50 to 25.
Rep. TOAL moved to reconsider the vote whereby debate was adjourned on Section 129.12 which was agreed to.
Rep. TOAL moved to table Amendment No. 138 which was agreed to.
Reps. LIMEHOUSE, TOAL, FELDER and KLAPMAN proposed the following Amendment No. 202 which was adopted.
Amend the Bill, as and if amended. Part I, Section 129.12, page 129-005, by striking subsection G. which begins on line 1 of the lefthand column and inserting:
/G. No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the county, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business within his circuit at a location fifty miles or more from his residence or without his circuit, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./
Amend totals and titles to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Section 129.12 as amended was adopted.
Rep. TOAL moved to reconsider the vote whereby Section 129.16 and Amendment No. 25 were adopted and the motion was noted.
Debate was resumed on Section 13.
Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 204, which was tabled.
Amend as and if amended. part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and (8): $/546,789/.
Amend further, page 13-001, line 18, by inserting in column (7): $/551,483/ and in column (8): $/541,483/.
Amend further, page 13-005, line 20, by inserting in column (7): $/1, 264,173/ and in column (8): $/814,113/.
Amend title and totals to conform.
Rep. HAYES explained the amendment.
Rep. McABEE spoke in favor of the amendment.
Rep. J. BRADLEY moved to reconsider the vote whereby Amendment No. 93 on Section 62 was rejected.
Rep. McTEER raised the Point of Order that the member had not voted on the prevailing side, therefore the motion to reconsider was out of order.
The SPEAKER Pro Tempore sustained the Point of Order.
Rep. RUDNICK raised the Point of Order that the motion to reconsider was out of order as it had not been made on the same legislative day as the action to be reconsidered.
The SPEAKER Pro Tempore stated that the motion to reconsider could be made on either the same or the next legislative day, and he overruled the Point of Order.
Rep. HODGES moved to reconsider the vote whereby Amendment No. 93 on Section 62 was rejected and the motion was noted.
Reps. KIRSH, McLELLAN and KLAPMAN spoke against the amendment.
Reps. FELDER and McABEE spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Baxley Bennett Boan Brown, H. Burriss, M.D. Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Fair Ferguson Foster Gentry Gilbert Haskins Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Koon Mappus Martin, D. Martin, L. Mattos McCain McEachin McLellan McLeod, E.B. McTeer Nesbitt Petty Rhoad Rice Rogers, J. Rogers, T. Shelton Simpson Snow Sturkie Thrailkill Toal Waldrop Washington Wilder Williams Winstead
Those who voted in the negative are:
Arthur Bailey, G. Barfield Bradley, P. Brown, G. Brown, R. Burriss, T.M. Carnell Chamblee Elliott Felder Foxworth Harris, P. Hayes Huff Jones Kay Lockemy McAbee McBride McGinnis McKay McLeod, J.W. Moss Phillips, O. Rudnick Sheheen Short Stoddard Taylor Townsend Tucker Wells Whipper White
So, the amendment was tabled.
On Amendment No. 204 I inadvertently voted incorrectly. I wanted to vote no.
Rep. DAVE C. WALDROP
Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 205 which was tabled.
Amend as and if amended. Part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and (8): $/546,789/.
Amend further, page 13-001, line 18, by inserting in column (7): $/551,483/ and in column (8): $/541,483/.
Amend title and totals to conform.
Rep. HAYES explained the amendment.
Rep. McLELLAN moved to table the amendment which was agreed to.
Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 206, which was tabled.
Amend as and if amended. Part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and ( 8): $/546,789/.
Amend further, page 13-005, line 20, by inserting in column (7): $/1,264,173/ and in column (8): $/814,113/.
Amend title and totals to conform.
Rep. HAYES explained the amendment.
Rep. McLELLAN moved to table the amendment which was agreed to by a division vote of 50 to 31.
Section 13 as amended was adopted.
Debate was resumed on Section 16I.
Section 16I was adopted.
Debate was resumed on Section 16.17.
Rep. M.O. ALEXANDER proposed the following Amendment No. 54 (Doc. No. 2955Y), which was adopted.
Amend the bill, as and if amended, Part I, Section 16, page 16-052, by striking item (1) of proviso 16.17 and inserting:
/(1) The State Budget and Control Board is directed to establish and collect a schedule of charges for the use of the parking facilities in the Capitol Complex and other individually assigned spaces in state-owned parking lots and facilities administered by the Budget and Control Board. Proceeds of these charges, except where the proceeds are pledged to the retirement of indebtedness or to expenses related to the provision of the facilities, must be deposited in the State General Fund. The schedule of charges shall include charges for a fixed number of parking spaces to both the House of Representatives and the Senate in the McEachern Parking Facility in an area adjacent to each respective body's office building, and the number of spaces must be adequate to cover all members of the General Assembly and staff of standing legislative committees./
Amend totals and title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Section 16.17 as amended was adopted.
Debate was resumed on Section 16.65.
Reps. LIMEHOUSE, TOAL, HOLT, L. PHILLIPS and McELVEEN proposed the following Amendment No. 53, which was adopted.
Amend the Bill, as and if amended. Part I, Section 16, Budget and Control Board, page 16-057, left hand column, by amending proviso 16.65, lines 29-31, by striking "no funds...to be made", and inserting: "one-half must be allocated for expenditure exclusively upon approval of the member of the House of Representatives in the district in which the expenditure is to be made and one-half must be allocated for expenditure exclusively upon approval by the member of the Senate in the district in which the expenditure is to be made."
Amend titles and totals to conform.
Rep. LIMEHOUSE explained the amendment.
Reps. KIRSH, McABEE and FELDER spoke against the amendment.
Reps. TOAL and LIMEHOUSE spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Baker Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Derrick Elliott Evatt Felder Harris, J. Harris, P. Helmly Hendricks Hodges Johnson, J.C. Keyserling Kirsh Klapman Koon Lewis Mappus Martin, L. McAbee McCain McLellan McTeer Nettles Snow Stoddard Sturkie Tucker Waldrop
Those who voted in the negative are:
Alexander, M.O. Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Bennett Blanding Brown, J. Brown, R. Chamblee Cooper Cork Corning Dangerfield Davenport Day Edwards Faber Fair Foster Foxworth Gentry Gordon Haskins Hawkins Hayes Hearn Holt Huff Johnson, J.W. Kay Limehouse Lockemy Martin, D. Mattos McBride McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Ogburn Pearce Petty Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Simpson Taylor Thrailkill Toal Townsend Washington Wells Whipper White Wilder Williams Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 16.65 as amended was adopted.
Debate was resumed on Section 16.76.
Rep. McLELLAN proposed the following Amendment No. 52, which was adopted.
Amend as and if amended. Section 16, Budget and Control Board page 16-058, left hand column, Proviso 16.76 line 26 by striking "1986-87" and inserting "1987-88".
Amend title and totals to conform.
Section 16.76 as amended was adopted.
Debate was resumed on Section 16.80.
Rep. KIRSH proposed the following Amendment No. 222, which was tabled.
Amend the Bill, as and if amended. Part I, Section 16, Budget and Control Board, page 16-058, right hand column, proviso 16.80, by striking lines 16 through 19 and inserting in lieu thereof: "Of those funds appropriated under the Local Government Division designated at 'Aid to Entities-Rural Development' expenditures shall be limited to projects involving: water, sewage, economic development, and matters affecting the health and well being of citizens in this state."
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Reps. TOAL, T.M. BURRISS, BAKER, McABEE and HENDRICKS spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foxworth Gentry Gilbert Gordon Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. Moss Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Rhoad Rice Rogers, T. Russell Sharpe Sheheen Shelton Simpson Sturkie Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper Wilder Winstead
Those who voted in the negative are:
Alexander, T.C. Baxley Foster Gregory Harvin Keyserling McTeer Rudnick Short Stoddard
So, the amendment was tabled.
Reps. TAYLOR and TOAL proposed the following Amendment No. 229, which was adopted.
Amend as and if amended. Part I, Section 16 Budget and Control Board, page 16-058 right hand column, proviso 16.80 by striking in its entirety. Renumber to conform.
Rep. TAYLOR explained the amendment.
Rep. TOAL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 63 to 18.
Rep. McABEE proposed the following Amendment No. 228, which was adopted.
Amend as and if amended. Part I, Section 16, Budget and Control Board, page 16-059, by inserting the following new proviso at the end: Section 16.86 "The funds appropriated for Rural Development, $2.8 million, shall be set aside in a separate account to be used exclusively to match Federal water and sewer grants."
Amend titles and totals to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Debate was resumed on Section 16.83
Section 16.83 as amended was adopted.
Debate was resumed on Section 39.2.
Debate was resumed on Amendment No. 32, which was proposed on March 18, 1987, by Rep. KLAPMAN.
The amendment was then adopted.
Rep. KLAPMAN moved to reconsider the vote whereby Amendment No. 32 was adopted, which was agreed to.
Rep. KLAPMAN moved to table the amendment, which was agreed to.
Rep. KLAPMAN proposed the following Amendment No. 137 (Doc. No. 3087Y), which was adopted.
Amend the bill, as and if amended, in SECTION 39 (STATE MUSEUM COMMISSION), paragraph 39.2, page 39-007, line 28, left hand column, by inserting after /Museum./ /Each county delegation and all organizations which belong to the South Carolina Federation of Museums must be notified and provided a list of the objects requested for removal./
Amend totals and title to conform.
Section 39.2 as amended was adopted.
Debate was resumed on Section 41.
Rep. ELLIOTT proposed the following Amendment No. 134, which was tabled.
Amend the Bill, as and if amended. Part I, Section 41, Department of Health and Environmental Control, page 41-009, line 33, by inserting in column (7): $/638,974/ and in column (8): $/626,974/.
Amend further, page 41-029, line 23, by inserting in column (7) and (8): $/191,366/.
Amend further, page 41-029, line 26 by inserting in columns (7) and (8): $/93,962/.
Amend title and totals to conform.
Rep. ELLIOTT explained the amendment.
Rep. P. HARRIS spoke against the amendment.
Rep. ELLIOTT spoke in favor of the amendment.
Rep. P. HARRIS moved to table the amendment which was agreed to by a division vote of 56 to 7.
Rep. FERGUSON proposed the following Amendment No. 164A, which was tabled.
Amend the Bill, as and if amended. Part I, Section 41, DHEC, page 41-014, line 32, by inserting in columns (7) and (8): $/221,477/.
Amend further, line 33, in columns (7) and (8): /(10.54)/.
Amend further, page 41-015, line 01, by inserting in columns (7) and (8): $/41,313/.
Amend further, page 41-015, line 02, by inserting in columns (7) and (8): $/30,902/.
Amend further, page 41-015, line 05, by inserting in columns (7): $/522,061 / and in column (8): $/516,156/.
Amend further, page 41-033, line 01, by inserting in columns (7) $ / 17,489,860/ and in column (8): $ /8,539,744 /.
Amend totals and title to conform.
Rep. FERGUSON explained the amendment.
Rep. P. HARRIS spoke against the amendment.
Rep. FERGUSON spoke in favor of the amendment.
Rep. P. HARRIS moved to table the amendment.
Rep. FERGUSON 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 Aydlette Bennett Blackwell Boan Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Cooper Cork Dangerfield Evatt Felder Foxworth Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lewis Mappus Martin, L. McAbee McCain McEachin McLellan McTeer Nettles Rhoad Rice Rogers, T. Sharpe Sheheen Simpson Thrailkill Toal Townsend Tucker Winstead
Those who voted in the negative are:
Bailey, G. Bailey, K. Baker Barfield Baxley Blanding Brown, G. Brown, J. Brown, R. Chamblee Clyborne Davenport Day Edwards Faber Fair Ferguson Foster Gilbert Gordon Harvin Hawkins Holt Huff Jones Kay Limehouse Lockemy Martin, D. McBride McElveen McGinnis McLeod, E.B. Nesbitt Petty Phillips, O. Rogers, J. Rudnick Shelton Snow Taylor Washington Wells Whipper White Wilder Williams
So, the amendment was tabled.
Section 41 as amended was adopted.
Debate was resumed on Section 41.31.
Rep. ELLIOTT proposed the following Amendment No. 77 (Doc. No. 2973Y), which was tabled.
Amend the bill, as and if amended, Section 41-036, by deleting the last sentence of 41.31 beginning on line 22 of the right-hand column which reads /Any revenue collected in excess of the program shall be deposited to the General Fund./
Amend totals and title to conform.
Rep. ELLIOTT explained the amendment.
Rep. P. HARRIS moved to table the amendment which was agreed to by a division vote of 47 to 17.
Rep. HASKINS proposed the following Amendment No. 88.
Amend as and if amended.
Section 41, page 41-036.
Section 41.31 is hereby deleted.
Rep. HASKINS explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on Amendment No. 88, which was agreed to.
Rep. HASKINS moved to table the amendment which was agreed to.
Section 41.31 as amended was adopted.
Debate was resumed on Amendment No. 87, which was proposed on March 18, 1987, by Rep. HASKINS.
Rep. HASKINS moved to table the amendment, which was agreed to.
Reps. CARNELL, McABEE, G. BAILEY, NEILSON, P. HARRIS, THRAILKILL, STURKIE, PEARCE, McGINNIS, COOPER, HASKINS, H. BROWN, BARFIELD, HUFF, DAY, SIMPSON, ELLIOTT, LOCKEMY, HARVIN, CHAMBLEE, J.C. JOHNSON, TOWNSEND, KAY, RICE, HEARN, CORK, RHOAD, RUDNICK, McBRIDE, TUCKER, BAKER, M.D. BURRISS, ARTHUR, McKAY, DANGERFIELD, K. BAILEY, WALDROP, McTEER, WELLS and MAPPUS proposed the following Amendment No. 201 (Doc. No. 2983Y), which was adopted.
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:
/41.33. 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. Of these fees collected, five percent must be remitted to the general fund.
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.
Rep. MATTOS raised the Point of Order that Amendment No. 201 was not germane to the Bill under Rule 5.3.
The SPEAKER Pro Tempore overruled the Point of Order.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. O. PHILLIPS and MOSS proposed the following Amendment No. 140, which was tabled.
Amend as and if amended. Part I, Section 41, by adding at the end of the Section a new proviso to read:
"No restaurant inspection fees shall be charged to any non-profit food service provider."
Amend titles to conform.
Rep. O. PHILLIPS explained the amendment.
Reps. P. HARRIS and HASKINS spoke against the amendment.
Rep. HASKINS moved to table the amendment which was agreed to.
Reps. CORDON and NETTLES proposed the following Amendment No. 195, which was adopted.
Amend as and if amended. Part I, Section 41, Dept. of Health and Environmental Control, page 41-036, by inserting the following new proviso at the end: 41.34 "Notwithstanding any other provisions of the law, the Department of Health and Environmental Control must issue Certificates of Need for up to 300 Medicaid nursing home beds to be allocated geographically where the Department determines to have the greatest need for nursing home beds.
Amend title and totals to conform.
Rep. GORDON explained the amendment.
The amendment was then adopted.
Rep. SHARPE moved to reconsider the vote whereby Section 41 was adopted, which was agreed to.
Reps. WILLIAMS, CORDON and C. BROWN proposed the following Amendment No. 239, which was later withdrawn.
Amend the Bill, as and if amended. Part I, Section 41, Dept. of Health and Environmental Control, page 41-006, by inserting after line 09 the following:
(7) (8)
/2. Special Item
Hunger Nutrition $40,000 $40,000
Amend totals and titles to conform.
Rep. GORDON explained the amendment.
Rep. P. HARRIS spoke against the amendment.
Reps. C. BROWN, FABER and WILLIAMS spoke in favor of the amendment.
Rep. P. HARRIS spoke against the amendment.
Rep. CORDON withdrew the amendment.
Reps. FERGUSON and WHITE proposed the following Amendment No. 241.
Amend as and if amended. Part I, Section 41, DHEC, page 41-015, line 05 by inserting in columns (7) /606,373/ and column (8) /600,467/.
Amend further, page 41-014, line 32, by inserting in columns (7) and (8): /221,477/.
Amend further, page 41-014, line 33, by inserting in columns (7) and (8): /(10.54)/.
Amend title and totals to conform.
Rep. FERGUSON explained the amendment and moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 45.
Reps. GORDON and NETTLES proposed the following Amendment No. 221, which was adopted.
Amend the Bill, 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 /521.00/.
Amend further on page 45-020, line 09, by striking /500.00/ and inserting /491.00/.
Amend totals and titles to conform.
Rep. HELMLY explained the amendment.
The amendment was then adopted.
Rep. T.M. BURRISS proposed the following Amendment No. 237 (Doc. No. 3067Y), which was tabled.
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. T.M. BURRISS explained the amendment.
Reps. GORDON and BLACKWELL spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. ALTMAN a temporary leave of absence.
Rep. HENDRICKS spoke against the amendment.
Rep. GORDON moved to table the amendment which was agreed to by a division vote of 73 to 11.
Debate was resumed on Amendment No. 144, which was proposed on March 18, 1987, by Rep. J. ROGERS.
Rep. J. ROGERS moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 103, which was proposed on March 18, 1987, by Rep. RUDNICK.
Rep. RUDNICK moved to table the amendment, which was agreed to.
Reps. GORDON and NETTLES proposed the following Amendment No. 220, which was adopted.
Amend the Bill, as and if amended. Part I, Section 45, Department of Social Services, page 45-018. line 21, opposite /General AssistanceBoarding Home/ by inserting in columns (7) and (8): /8,313,725/.
Amend totals and titles to conform.
Rep. HELMLY explained the amendment.
The amendment was then adopted.
Section 45 as amended was adopted.
Debate was resumed on Section 45.9.
Debate was resumed on Amendment No. 145, which was proposed on March 18, 1987, by Rep. NETTLES.
Rep. NETTLES moved to table the amendment which was agreed to.
Section 45.9 was adopted.
Debate was resumed on Section 53.
Reps. CARNELL, WASHINGTON, HELMLY and P. HARRIS proposed the following Amendment No. 155.
Amend as and if amended. Part I, Section 53 Veterans Affairs, page 53-001, line 11, by inserting in columns (7) and (8): / 12,880/.
Amend further on page 53-001, line 12, by inserting in columns (7) and (8): /9,930/.
Amend further on page 53-001, line 14, by inserting in columns (7) and (8): /32,283/.
Amend further on page 53-001, line 15, by inserting in columns (7) and (8): /16,525/.
Amend further on page 53-001, line 16, by inserting in columns (7) and (8): /3,787/.
Amend title and totals to conform.
Rep. CARNELL explained the amendment.
Rep. CARNELL moved to adjourn debate upon the Section, which was adopted.
Rep. BEASLEY moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Debate was resumed on Section 53.1.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 57. Section 57 was adopted.
Debate was resumed on Section 57.1. Section 57.1 was adopted.
Debate was resumed on Section 57.2. Section 57.2 was adopted.
Debate was resumed on Section 57.3. Section 57.3 was adopted.
Debate was resumed on Section 57.4. Section 57.4 was adopted.
Debate was resumed on Section 57.6. Section 57.6 was adopted.
Debate was resumed on Section 76.
Reps. HOLT, J. BRADLEY and FOXWORTH proposed the following Amendment No. 213, which was adopted. Amend and as if amended. Part I, Section 76, Old Exchange Commission, page 76-001, by inserting after line 16, the following:
(7) (8)
/Nonrecurring Expenses
Contractual Services
Special Item 20,000 20,000/
Amend title and totals to conform.
Rep. HOLT explained the amendment. Rep. BLACKWELL spoke in favor of the amendment. The amendment was then adopted.
Debate was resumed on Amendment No. 86, which was proposed on March 18, 1987, by Rep. FELDER.
Rep. FELDER moved to table the amendment which was agreed to.
Section 76 as amended was adopted.
Rep. TOAL asked unanimous consent to take up Rep. McLELLAN's motion to reconsider the vote whereby Section 82A was adopted which was agreed to.
Rep. TOAL proposed the following Amendment No. 214, which was adopted.
Amend as and if amended. Part I, Section 82A at page 82-001, line 5 by deleting in columns 5 and 6 the figure $2,986 for official Ex. Officio allowance - Chairman.
Amend title and totals to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Section 82A as amended was adopted.
Rep. TOAL asked unanimous consent to take up Rep. McLELLAN'S motion to reconsider the vote whereby Section 82C was adopted, which was agreed to.
Rep. TOAL proposed the following Amendment No. 215, which was adopted.
Amend as and if amended. Part I, Section 82C at page 82-003, line 9, by deleting in columns 5 and 6 the figure $1590 for official Ex Officio Allowance--Chairman.
Amend title and totals to conform.
Section 82C as amended was adopted.
Debate was resumed on Section 86.8.
Section 86.8 was adopted.
Debate was resumed on Section 86.9.
Section 86.9 was adopted.
Debate was resumed on Section 90.
Debate was resumed on Amendment No. 135, which was proposed on March 18, 1987, by Reps. McLELLAN, KIRSH and KLAPMAN.
The amendment was then adopted.
Section 90 as amended was adopted.
Debate was resumed on Section 90.1.
Section 90.1 was adopted.
Debate was resumed on Section 95.
Rep. TOAL proposed the following Amendment No. 216, which was adopted.
Amend as and if amended. Part I, Section 95, at page 95-001, line 6, by deleting in columns 5 and 6 the figure $2,500 for Ex Officio allowance.
Amend title and totals to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Section 95 as amended was adopted.
Rep. FOXWORTH moved to reconsider the vote whereby debate was adjourned on Section 129.3 which was agreed to.
Section 129.3 was adopted.
Rep. AYDLETTE moved to reconsider the vote whereby debate was adjourned on Section 129.19 which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 142.
Amend as and if amended.
Section 129.19, by adding at the end of the first sentence, the following:
"Such reports shall contain, in addition to the information already required, any rule or regulation which the department or agency wishes to promulgate. All such rules or regulations must be passed by an affirmative vote of the General Assembly before they can become law."
Amend also by adding at the end of the sentence on line 18 the following: "A copy of any of these reports shall be made available to anyone upon request and upon a payment of 10 cents each plus postage, except that the State and other libraries shall pay no fee. All funds derived from the sale of these reports shall be turned into the general fund."
Rep. AYDLETTE explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 142 was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. TOAL raised the Point of Order that Section 129.19 was out of order as it was not germane to t, the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Reps. O. PHILLIPS, SHELTON, HARVIN, McGINNIS, TOAL, NEILSON, ARTHUR, MOSS and WELLS proposed the following Amendment No. 94 (Doc. No. 2990Y), which was adopted.
Amend the bill, as and if amended, Part I, by adding immediately following proviso 129.49 which begins on page 129-012 a new proviso to be appropriately numbered which shall read:
/129.50. Any permanent part-time state employee (PPT) who desires to work for more than one state agency must obtain the permission of each state agency employing the employee but is not required to obtain the approval of the Budget and Control Board as a condition of such dual employment./
Amend totals and title to conform.
Rep. O. PHILLIPS explained the amendment.
The SPEAKER stated that the Point of Order raised earlier by Rep. McABEE on Amendment No. 94 was overruled as the amendment directly related to proviso 129.9.
The amendment was then adopted.
Reps. McEACHIN, J.W. JOHNSON, NETTLES, J.W. McLEOD, McKAY, R. BROWN, HODGES, HASKINS, McCAIN, OGBURN, MAPPUS, HUFF, T.M. BURRISS, J.H. BURRISS, M.D. BURRISS, HEARN, CORK, RUSSELL, SHARPE, McELVEEN and BAKER proposed the following Amendment No. 132.
Amend the Bill, as and is amended, by striking all after the enacting words and inserting columns (5) and (6) in columns (7) and (8) with the enumerated exceptions: (The Ways and Means Committee Version of the Bill).
Rep. TOAL raised the Point of Order that Amendment No. 132 could not be considered as a whole, but must be considered by sections, as the House was bound by the adoption of an earlier motion to consider the Bill on a section by section basis.
Rep. McEACHIN argued that Rule 9.3 allowed for an amendment to be placed upon the Bill which rewrites the Bill in its entirety, and also that there was a 1984 precedent in which Speaker Schwartz had ruled that an amendment which rewrote the entire Bill could be considered in its entirety, even though the original Bill was to be considered section by section.
The SPEAKER overruled the Point of Order.
Rep. TOAL inquired whether amendments could now be offered to amend more than one section.
The SPEAKER stated in order to amend more than one section in only one amendment, the amendment must rewrite the entire Bill.
Rep. HOLT inquired, if the question was divided, what procedure was to be followed.
The SPEAKER stated that if the question was divided, the House would consider the amendment on a section by section basis.
Rep. McTEER moved to waive Rule 5.14, which was agreed to by a division vote of 104 to 2.
Rep. McEACHIN explained the amendment and moved to adjourn debate upon the amendment until conclusion of Part II.
Rep. TOAL moved to table the motion.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Bailey, K. Blanding Boan Carnell Dangerfield Felder Foster Harris, J. Harris, P. Johnson, J.C. Keyserling Martin, D. Mattos McAbee McBride McTeer Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Toal Townsend Tucker Washington Whipper White Williams Winstead
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Davenport Day Derrick Edwards Elliott Evatt Faber Fair Ferguson Foxworth Gentry Gordon Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Rhoad Sharpe Short Simpson Snow Sturkie Thrailkill Waldrop Wells Wilder Wilkins
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate on the amendment until conclusion of Part II, which was agreed to.
Section 1 was adopted.
Reps. SNOW, PEARCE, THRAILKILL, SIMPSON, NETTLES, G. BROWN, RHOAD, BARFIELD, J.W. McLEOD, BEASLEY, ELLIOTT, HARVIN, NEILSON, McABEE, R. BROWN, McCAIN, OGBURN, LOCKEMY, LIMEHOUSE, BAXLEY, G. BAILEY, McKAY and HAWKINS proposed the following Amendment No. 178 (Doc. No. 2858Y).
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-013, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SNOW explained the amendment.
Reps. GORDON and OGBURN spoke in favor of the amendment.
Reps. SHEHEEN and P. HARRIS spoke against the amendment.
Rep. R. BROWN spoke in favor of the amendment.
The SPEAKER Pro Tempore granted Rep. WALDROP a temporary leave of absence.
Rep. SHEHEEN moved to table the amendment.
Rep. R. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Boan Carnell Chamblee Dangerfield Fair Felder Gentry Harris, J. Harris, P. Haskins Helmly Hodges Huff Keyserling Klapman Lewis Mattos McAbee McBride McLellan McTeer Phillips, L. Rogers, J. Rogers, T. Rudnick Sheheen Stoddard Sturkie Toal Tucker Washington Whipper Wilkins
Those who voted in the negative are:
Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blanding Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Day Derrick Edwards Elliott Evatt Faber Ferguson Foxworth Gilbert Gordon Harvin Hawkins Hayes Hearn Hendricks Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Limehouse Lockemy Mappus Martin, D. Martin, L. McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Rhoad Rice Sharpe Short Simpson Snow Taylor Thrailkill Townsend Wells White Wilder Williams
So, the House refused to table the amendment.
Reps. LEWIS and M.O. ALEXANDER spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. McTEER a leave of absence for the remainder of the day.
Reps. NETTLES and FOXWORTH spoke in favor of the amendment.
Rep. WASHINGTON moved to adjourn debate upon the amendment.
Rep. OGBURN moved to table the motion which was not agreed to by a division vote of 44 to 54.
Rep. SHEHEEN moved to adjourn debate upon the Section.
Rep. OGBURN 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 Aydlette Bailey, K. Bennett Blackwell Boan Brown, H. Carnell Chamblee Cooper Corning Dangerfield Day Edwards Fair Felder Ferguson Foster Gentry Harris, J. Harris, P. Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Kay Keyserling Klapman Lewis Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan Nesbitt Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Stoddard Toal Townsend Tucker Washington Whipper White Wilkins
Those who voted in the negative are:
Bailey, G. Baker Barfield Baxley Beasley Blanding Bradley, P. Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Davenport Derrick Elliott Evatt Faber Foxworth Gilbert Gordon Harvin Hearn Johnson, J.W. Jones Kirsh Limehouse Lockemy Mappus McCain McEachin McElveen McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nettles Ogburn Pearce Rhoad Sharpe Snow Taylor Thrailkill Wells
So, the motion to adjourn debate on the Section was agreed to.
The SPEAKER Pro Tempore granted Rep. P. BRADLEY a leave of absence for the remainder of the day.
The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day.
Rep. T.M. BURRISS proposed the following Amendment No. 236 (Doc. No. 3069Y).
Amend the bill, as and if amended, Part II, Section 3, as contained on page 129-013 by striking Section 3 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS moved to adjourn debate upon the Section.
Rep. TOAL moved to table the motion which was not agreed to.
The question then recurred to the motion to adjourn debate on the Section.
Rep. ARTHUR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baker Barfield Baxley Bennett Bradley, P. Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Edwards Evatt Foxworth Harvin Haskins Hawkins Hayes Hearn Johnson, J.W. Kirsh Klapman Limehouse Mappus McCain McEachin McKay Rhoad Sharpe Simpson Sturkie Taylor Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Blackwell Blanding Boan Carnell Chamblee Cooper Dangerfield Davenport Day Derrick Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Helmly Hendricks Hodges Holt Huff Johnson, J.C. Kay Keyserling Lockemy Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Toal Townsend Tucker Washington Whipper White Williams
So, the House refused to adjourn debate on the Section.
Rep. T.M. BURRISS withdrew the amendment.
The question then recurred to the adoption of Section 3.
Rep. ARTHUR 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 Barfield Beasley Blanding Boan Carnell Chamblee Cooper Dangerfield Day Derrick Edwards Faber Fair Felder Foster Gentry Gilbert Gordon Harris, J. Hawkins Hayes Helmly Hendricks Huff Jones Keyserling Klapman Lewis Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Stoddard Sturkie Toal Townsend Washington Whipper White Wilkins Williams
Those who voted in the negative are:
Aydlette Bailey, G. Bailey, K. Baker Baxley Bennett Bradley, P. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Evatt Ferguson Foxworth Harris, P. Harvin Haskins Hearn Hodges Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Limehouse Lockemy Mappus Martin, D. McCain McEachin McElveen McKay Moss Ogburn Pearce Simpson Taylor Thrailkill Tucker Wells
So, Section 3 was adopted.
Section 4 was adopted.
Rep. KAY proposed the following Amendment No. 91 (Doc. No. 2975Y), which was rejected.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking SECTION 5, beginning on page 129-014 and line 18.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KAY explained the amendment.
Rep. GORDON moved to table the amendment.
Rep. KAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, K. Beasley Bennett Blanding Boan Carnell Cooper Dangerfield Edwards Faber Felder Foster Gentry Gilbert Gordon Harris, J. Harris, P. Helmly Hendricks Holt Huff Jones Keyserling Lewis Martin, D. Mattos McAbee McBride McLellan Nettles Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Stoddard Taylor Toal Tucker Washington Whipper White Williams Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Blackwell Bradley, P. Brown, N. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cork Corning Davenport Day Derrick Evatt Fair Ferguson Foxworth Harvin Haskins Hawkins Hayes Hearn Hodges Johnson, J.W. Kay Kirsh Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McGinnis McKay McLeod, E.B. Moss Neilson Nesbitt Ogburn Pearce Petty Phillips, O. Short Thrailkill Townsend Wells Wilder Wilkins
So, the House refused to table the amendment.
Reps. TOAL, CARNELL, HENDRICKS, WASHINGTON and HELMLY spoke against the amendment.
Reps. McCAIN, McEACHIN, BAKER, KAY and WILKINS spoke in favor of the amendment.
Rep. SHARPE spoke upon the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. WILKINS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cork Corning Davenport Evatt Foxworth Harvin Haskins Hawkins Hayes Hearn Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McGinnis Moss Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Simpson Stoddard Sturkie Thrailkill Townsend Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Beasley Bennett Blanding Boan Carnell Cooper Dangerfield Day Derrick Edwards Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Helmly Hendricks Holt Huff Jones Keyserling Klapman Lewis Martin, D. Mattos McAbee McBride McLellan McLeod, E.B. Neilson Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Taylor Toal Tucker Washington Whipper White Williams Winstead
So, the amendment was rejected.
Rep. TOAL proposed the following Amendment No. 257, which was adopted.
Amend as and if amended. Part II, Section 5, subsection A by adding the following proviso:
"provided however if any portion of this section is declared to be unconstitutional, such portion shall be severed from the remainder of this section.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. L. MARTIN moved to table the Section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Evatt Foxworth Harvin Haskins Hayes Hearn Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McGinnis McLeod, J.W. Moss Nesbitt Nettles Ogburn Petty Phillips, O. Sharpe simpson Stoddard Sturkie Thrailkill Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Beasley Bennett Blanding Boan Carnell Cooper Dangerfield Day Derrick Edwards Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Helmly Hendricks Holt Huff Jones Keyserling Klapman Lewis Martin, D. Mattos McAbee McBride McLellan McLeod, E.B. Neilson Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Taylor Toal Townsend Tucker Washington Whipper White Williams
So, the House refused to table the Section.
The SPEAKER granted Rep. WILLIAMS a leave of absence for the remainder of the day.
Reps. CARNELL, McABEE and KAY proposed the following Amendment No. 262, which was adopted.
Amend as and if amended, by striking on page 129-014 Section 5 lines 36 through 38.
Amend title to conform.
Rep. CARNELL explained the amendment.
Reps. FAIR and SIMPSON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Bailey, K. Baker Baxley Beasley Bennett Blackwell Blanding Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, L. McAbee McBride McCain McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Petty Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Altman Barfield Martin, D. McGinnis Phillips, L. Phillips, O. Rice Sharpe Shelton
So, the amendment was adopted.
Rep. LOCKEMY spoke upon the Section.
The question then recurred to the adoption of the Section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Aydlette Bailey, K. Beasley Bennett Blanding Boan Carnell Cooper Dangerfield Day Edwards Elliott Faber Fair Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Helmly Hendricks Holt Huff Johnson, J.C. Keyserling Klapman Lewis Martin, D. McAbee McBride McElveen McLellan McLeod, E.B. Neilson Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Tucker Washington Whipper White Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cork Corning Davenport Derrick Evatt Foxworth Harvin Haskins Hayes Hearn Hodges Johnson, J.W. Jones Kay Kirsh Limehouse Lockemy Mappus Martin, L. McCain McEachin McGinnis McKay McLeod, J.W. Moss Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Sharpe Simpson Snow Stoddard Sturkie Thrailkill Townsend Wells Wilder Wilkins
So, Section 5 was rejected.
Rep. CORK proposed the following Amendment No. 39 (Doc. No. 3091Y), which was tabled.
Amend the bill, as and if amended, Part II, Section 6, as contained on page 129-014, by striking subsection B. of Section 6 and inserting:
/B. The provisions of this section take effect July 1, 1987, but no tax levied by this section may be collected until the certification of the results of a statewide advisory referendum the State Election Commission shall conduct on June 30, 1987, to determine if the qualified electors of this State are in favor of allowing alcoholic liquor to be served by the drink after being poured from bottles of 750 milliliters or more (big bottles) instead of being served from sealed containers of two ounces or less (minibottles). Ballots must be provided at the various precincts with the following words printed on the ballots:
"Do you favor allowing alcoholic liquor to be served by the drink after being poured from bottles of 750 milliliters or more (big bottles) instead of being served from sealed containers of two ounces or less (minibottles)?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The commissioners of election for each county shall conduct the election, canvass the results, and certify them immediately to the State Election Commission. The State Election Commission must be reimbursed by the State Treasurer for the cost of this advisory referendum from the revenue generated by the additional tax imposed by this section, and notwithstanding any other provision of law only two poll managers per precinct are required for this referendum./
Amend totals and title to conform.
Rep. CORK explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 39 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. CORK continued speaking.
Rep. BLACKWELL spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. T.M. BURRISS proposed the following Amendment No. 71 (Doc. No. 2924Y), which was tabled.
Amend the bill, as and if amended, Part II, Section 6, as contained on page 129-014 by striking Section 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. FAIR moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Beasley Bennett Blanding Boan Carnell Chamblee Cooper Dangerfield Day Derrick Faber Fair Felder Ferguson Gentry Gilbert Gordon Harris, J. Hawkins Hayes Helmly Hendricks Huff Jones Keyserling Koon Lewis Martin, L. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Taylor Thrailkill Toal Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Altman Aydlette Bailey, G. Baker Barfield Baxley Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Edwards Elliott Evatt Foxworth Harris, P. Harvin Haskins Hearn Hodges Johnson, J.C. Johnson, J.W. Kirsh Limehouse Lockemy Mappus Martin, D. McCain McEachin McKay McLeod, J.W. Ogburn Pearce Petty Rhoad Sharpe Simpson Snow Sturkie Townsend Tucker Wells
So, the amendment was tabled.
Rep. T.M. BURRISS proposed the following Amendment No. 72 (Doc. No. 2926Y), which was tabled.
Amend the bill, as and if amended, Part II, Section 6, by striking /twenty-five cents/ as contained on line 6 of page 129-014 in the righthand column and inserting /ten cents/.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. M.O. ALEXANDER moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Beasley Bennett Blanding Boan Carnell Chamblee Cooper Dangerfield Derrick Edwards Faber Fair Felder Ferguson Gentry Gilbert Gordon Harris, J. Hawkins Hayes Helmly Hendricks Hodges Holt Huff Jones Keyserling Kirsh Koon Lewis Martin, L. Mattos McAbee McBride McGinnis McLellan Moss Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Sturkie Taylor Thrailkill Toal Townsend Washington Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Altman Aydlette Bailey, G. Baker Barfield Baxley Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Day Elliott Evatt Foxworth Harris, P. Harvin Hearn Johnson, J.C. Johnson, J.W. Kay Limehouse Lockemy Mappus Martin, D. McCain McEachin McElveen McKay McLeod, E.B. McLeod, J.W. Ogburn Pearce Rhoad Simpson Snow Tucker
So, the amendment was tabled.
Section 6 was adopted.
The SPEAKER granted Rep. BLANDING a temporary leave of absence.
The SPEAKER granted Rep. KLAPMAN a temporary leave of absence.
Rep. T.M. BURRISS proposed the following Amendment No. 70 (Doc. No. 2907Y), which was tabled.
Amend the bill, as and if amended, Part II, Section 7, as contained on page 129-014, by striking Section 7 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. McEACHIN spoke in favor of the amendment.
Rep. McABEE spoke against the amendment.
Rep. McEACHIN raised the Point of Order that Section 7 of Part II of the Bill was out of order as it mandated a general tax increase in violation of Code Section 11-11-440, which stipulated that no general tax increase, that is one which applies to over fifty percent of the population as a whole, may be provided for in the permanent provisions of the Appropriation Bill.
The SPEAKER stated that it did not apply to over fifty percent of the population, and he overruled the Point of Order.
Rep. McABEE continued speaking and moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Beasley Bennett Boan Carnell Chamblee Dangerfield Edwards Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hendricks Holt Huff Keyserling Lewis Lockemy Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Snow Stoddard Taylor Toal Townsend Tucker Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Day Derrick Evatt Felder Foxworth Harvin Haskins Hawkins Hayes Hearn Hodges Johnson, J.C. Johnson, J.W. Kirsh Koon Limehouse Mappus Martin, L. McCain McEachin McElveen McKay McLeod, J.W. Ogburn Pearce Petty Rhoad Sharpe Short Simpson Sturkie Thrailkill Wells Wilder Wilkins
So, the amendment was tabled.
Rep. McEACHIN moved to table the Section and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Day Derrick Evatt Fair Felder Foxworth Harvin Haskins Hayes Hearn Hodges Johnson, J.W. Kirsh Koon Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McKay McLeod, J.W. Ogburn Petty Sharpe Simpson Sturkie Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, K. Beasley Boan Carnell Dangerfield Edwards Faber Ferguson Foster Gentry Gilbert Harris, P. Hendricks Holt Huff Keyserling Lewis Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Washington Whipper White
So, the House refused to table the Section.
The question then recurred to the adoption of the Section.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Beasley Boan Carnell Chamblee Dangerfield Day Edwards Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Holt Huff Keyserling Lewis Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Snow Stoddard Taylor Toal Townsend Tucker Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Cork Corning Davenport Derrick Evatt Fair Felder Foxworth Harvin Haskins Hayes Hearn Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Mappus Martin, L. McCain McEachin McElveen McKay McLeod, J.W. Ogburn Sharpe Short Simpson Sturkie Thrailkill Wells
So, Section 7 was adopted.
The SPEAKER granted Rep. CORNING a temporary leave of absence.
Reps. KIRSH, T.M. BURRISS, NEILSON, CORNING and P. BRADLEY proposed the following Amendment No. 111 (Doc. No. 3046Y), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by striking Subsection B of Section 8, page 129-015, and inserting:
/B. Section 12-21-2728(c) of the 1976 Code, as last amended by Section 41, Part II, Act 540 of 1986, is further amended to read:
"(c) for devices described in Section 12-21-2720 (3) as follows:
(1) two thousand dollars for one to twenty-five machines,
(2) four thousand dollars for twenty-six to fifty machines,
(3) eight thousand dollars for fifty-one to one hundred machines,
(4) twelve thousand dollars for over one hundred machines."/
Renumber sections to conform.
Amend totals to conform.
Amend title of SECTION 8 to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO INCREASE FROM THREE HUNDRED SIXTY-FIVE TO FIVE HUNDRED FIFTY DOLLARS THE LICENSE ON ANY MACHINE OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE; AND SECTION 12-21-2728, AS AMENDED, RELATING TO OPERATOR'S MACHINES FOR COIN-OPERATED DEVICES, SO AS TO INCREASE THE LICENSE FOR DEVICES DESCRIBED IN SECTION 12-21-2720(3) ON A SCALE FROM TWO TO TWELVE THOUSAND DOLLARS BASED ON THE NUMBER OF MACHINES./
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. McEACHIN moved to table the Section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barfield Baxley y Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, T.M. Clyborne Cork Davenport Derrick k Fair Foxworth Harvin Haskins Hawkins Hayes Johnson, J.C. Johnson, J.W. Kirsh Koon Lockemy Mappus Martin, L. McCain McEachin McKay Ogburn Simpson Stoddard Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Bennett Boan Burriss, M.D. Carnell Chamblee Cooper Dangerfield Day Edwards Faber Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hearn Hendricks Hodges Holt Huff Jones Kay Keyserling Lewis Limehouse Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. Moss Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, T. Rudnick Sheheen Shelton Short Snow Taylor Toal Townsend Tucker Washington Whipper White Winstead
So, the House refused to table the Section.
The question then recurred to the adoption of the Section, which was agreed to.
Section 8 as amended was adopted.
Ways and Means Committee proposed the following Amendment No. 34 (Doc. No. 2865Y), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-015, by striking SECTION 9 and inserting:
TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY SHALL REMIT ANNUALLY FOUR MILLION DOLLARS TO THE STATE GENERAL FUND BEGINNING IN FISCAL YEAR 1987-88, TO THE EXTENT THAT THIS FUNDING REQUIREMENT DOES NOT VIOLATE THE PROVISIONS OF ANY INDENTURES RELATIVE TO BONDS; AND TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT PERIODIC AUDITS OR REVIEWS OF THE ABOVE TO ENSURE COMPLIANCE WITH THIS PROVISION AND REPORT HIS FINDINGS TO THE STATE BUDGET AND CONTROL BOARD AND TO THE HOUSE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE.
Pursuant to the provisions of Section 58-31-110 of the 1976 Code, the South Carolina Public Service Authority shall remit annually four million dollars to the State General Fund beginning in Fiscal Year 1987-88, to the extent that this funding requirement does not violate the provisions of any indentures relative to bonds. The State Auditor shall conduct periodic audits or reviews of the above to ensure compliance with this provisions and report his findings to the State Budget and Control Board, the Ways and Means Committee of the House of Representatives, and the Senate Finance Committee./
Renumber sections to conform.
Amend totals and title to conform.
Section 9 as amended was adopted.
Rep. KIRSH raised the Point of Order that lines 38-44 of Section 10, Part II were not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. KIRSH proposed the following Amendment No. 125 (Doc. No. 3072Y), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 10, page 129-015, right column, by striking beginning on line 36 /No more nor no less than 48.7 percent of the EIA fund for Fiscal Year 1987-88 and no more nor no less than 41.6 percent of the fund for subsequent fiscal years must be expended for teacher salaries including incentive pay. Any change in the management or use of this EIA fund for other than elementary and secondary education or in the percentage of the fund allocated for salaries is permitted only by a two-thirds vote as provided in this section./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, K. Beasley Bennett Edwards Elliott Faber Foster Gilbert Harris, J. Huff Johnson, J.C. Jones Keyserling Lewis McBride McLellan Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Snow Taylor Toal Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Baxley Blackwell Boan Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Derrick Evatt Fair Felder Ferguson Foxworth Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Petty Phillips, O. Rhoad Rice Short Simpson Stoddard Sturkie Thrailkill Townsend Tucker Wells Wilder
So, the House refused to table the amendment.
Reps. LEWIS, J.C. JOHNSON and KEYSERLING spoke against the amendment.
Reps. HUFF, THRAILKILL and KIRSH spoke in favor of the amendment.
Rep. KEYSERLING moved to table the amendment.
Rep. McABEE 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. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Bennett Blackwell Boan Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Fair Felder Ferguson Foxworth Harris, P. Harvin Haskins Hawkins Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Jones Kay Kirsh Koon Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Nesbitt Ogburn Pearce Petty Phillips, O. Rhoad Rice Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, M.O. Bailey, K. Beasley Edwards Faber Foster Gilbert Harris, J. Hayes Huff Johnson, J. C. Keyserling Lewis McBride McLellan Nettles Phillips, L. Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Taylor Toal Whipper White
So, the amendment was adopted.
Reps. TOWNSEND, HUFF, TUCKER and KAY proposed the following Amendment No. 244 (Doc. No. 3219Y), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 120-015, by striking SECTION 10 and inserting:
TO AMEND SECTION 59-20-50 OF THE 1976 CODE, RELATING TO TEACHERS' SALARIES, SO AS TO PROVIDE THAT THE STATE MINIMUM SALARY SCHEDULE FOR TEACHERS MUST BE ADJUSTED ANNUALLY TO MAINTAIN AN AVERAGE SALARY EQUAL TO TWO HUNDRED THIRTY PERCENT OF THE IMMEDIATE THREE PRECEDING YEARS AVERAGE PER CAPITA INCOME FOR THIS STATE AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE.
A. Section 59-20-50(4)(b) of the 1976 Code is amended to read:
"(b) The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year 1985, the 1.000 figure in the index will be $14,172. (This figure is based on a 10.27 percent increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with fiscal year 1987-88, the 1.000 figure in the index must be adjusted annually on a schedule to stay at two hundred thirty percent of the immediate three preceding years average per capita income for this State as defined by the United States Department of Commerce. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:
1. holding a valid professional certificate;
2. having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;
3. meeting the minimum qualifying score on the appropriate area teaching examination; or
4. meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20.
Any fees applicable to the required examinations will 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 the South Carolina Education Improvement Act of 1984 in order for their pay raises to be provided."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
The SPEAKER Pro Tempore granted Rep. HENDRICKS a temporary leave of absence.
Rep. HUFF spoke in favor of the amendment
Reps. LIMEHOUSE and LEWIS spoke against the amendment.
Rep. LEWIS moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Baxley Beasley Boan Brown, J. Brown, R. Burriss, M.D. Dangerfield Day Edwards Elliott Evatt Faber Fair Ferguson Foster Gilbert Harris, J. Harvin Hayes Johnson, J.W. Keyserling Lewis Limehouse Lockemy Martin, L. Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod, J.W. Nesbitt Nettles Ogburn Pearce Petty Phillips, L. Phillips, O. Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Taylor Toal Wells Wilder Wilkins
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Bennett Blackwell Brown, H. Burriss, J.H. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Davenport Derrick Felder Foxworth Gordon Harris, P. Haskins Hearn Helmly Holt Huff Johnson, J.C. Jones Kay Klapman Koon Mappus Martin, D. McAbee McElveen McLeod, E.B. Moss Rhoad Rice Sharpe Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Whipper White
So, the amendment was tabled.
Section 10 as amended was adopted.
Rep. HASKINS raised the Point of Order that Section 11 of Part II was not germane to the Bill under Rule 5.3.
The SPEAKER stated the Section directly related to appropriations in Part I, therefore he overruled the Point of Order.
Rep. LEWIS explained the Section.
Section 11 was then adopted by a division vote of 67 to 10.
Rep. J. W. JOHNSON raised the Point of Order that Section 12 of Part II was out of order as it was identical to Section 30.75 of Part I which had been previously been ruled out of order as it did not comply with Rule 5.3.
The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.
Section 13 was adopted.
Reps. T. M. BURRISS, HAWKINS, HEARN, McCAIN, THRAILKILL, SHARPE, L. MARTIN and WALDROP proposed the following Amendment No. 68 (Doc. No. 2909Y), which was tabled.
Amend the bill, as and if amended, Part II, Section 14, which begins on page 129-017, by striking Section 14 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. T. ROGERS spoke against the amendment.
Rep. BAKER spoke in favor of the amendment.
Rep. T. ROGERS spoke against the amendment and moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Beasley Bennett Boan Brown, J. Carnell Chamblee Cooper Dangerfield Edwards Elliott Faber Ferguson Gentry Gilbert Gordon Harris, J. Harris, P. Hawkins Hendricks Hodges Holt Huff Johnson, J.C. Jones Keyserling Klapman Lewis Martin, D. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Nesbitt Nettles Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Barfield Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Day Derrick Evatt Fair Foster Foxworth Harvin Haskins Hayes Hearn Helmly Johnson, J.W. Kirsh Koon Limehouse Lockemy Mappus Martin, L. McCain McEachin McKay McLeod, J.W. Moss Neilson Ogburn Pearce Phillips, O. Sharpe Simpson Sturkie Thrailkill Wells Wilder Wilkins
So, the amendment was tabled.
The question then recurred to the adoption of the Section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Beasley Bennett Boan Brown, J. Carnell Chamblee Cooper Dangerfield Edwards Faber Felder Ferguson Foster Gentry Gilbert Gordon Harris, J. Harris, P. Hendricks Hodges Holt Huff Johnson, J.C. Jones Keyserling Klapman Lewis Martin, D. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Moss Neilson Nesbitt Nettles Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Tucker Waldrop Washington Whipper White
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Day Derrick Elliott Evatt Fair Foxworth Harvin Haskins Hawkins Hayes Hearn Helmly Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Mappus Martin, L. McCain McEachin McKay McLeod, J.W. Ogburn Pearce Petty Sharpe Simpson Sturkie Thrailkill Wells Wilder Wilkins
So, Section 14 was adopted.
Rep. OGBURN moved to reconsider the vote whereby Section 10 was adopted and Amendment No. 244 was tabled and the motion was noted.
Rep. KIRSH proposed the following Amendment No. 27 (Doc. No. 2914Y), which was adopted.
Amend the bill, as and if amended, PART II-PERMANENT PROVISIONS, by striking SECTION 15, and inserting:
TO AMEND SECTION 11-9-880 OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS' FORECASTS OF ECONOMIC CONDITIONS, ADJUSTMENTS TO THOSE FORECASTS, REVIEW OF GENERAL FUND REVENUE COLLECTION, AND THE BOARD OF ECONOMIC ADVISORS' REPORT TO THE BUDGET AND CONTROL BOARD, SO AS TO MAKE CHANGES WITH RESPECT TO CERTAIN OF THESE PROVISIONS, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR A REVENUE CAP FORMULA, PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS MAY CONSULT WITH OUTSIDE ECONOMIC EXPERTS WITH RESPECT TO CERTAIN ECONOMIC BUSINESS CONDITIONS PRIOR TO MAKING OR ADJUSTING ANY FORECAST, RATHER THAN TO REQUIRE SUCH CONSULTATION, DELETE THE PROVISION THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED MONTHLY IF THE BOARD OF ECONOMIC ADVISORS DETERMINES THAT CHANGING ECONOMIC CONDITIONS HAVE AFFECTED THAT PARTICULAR FORECAST, AND DELETE THE REQUIREMENTS THAT THE BOARD OF ECONOMIC ADVISORS COMPARE DURING THE FIRST THREE QUARTERS OF EACH FISCAL YEAR ITS FORECAST OF STATE REVENUES WITH ACTUAL STATE INCOME AND THAT THE BOARD REVIEW GENERAL FUND REVENUE COLLECTIONS EACH YEAR BY DECEMBER THIRTY-FIRST AND PROVIDE TO THE GOVERNOR, BUDGET AND CONTROL BOARD, AND GENERAL ASSEMBLY A SYNOPSIS OF THE REVENUE OUTLOOK FOR THE NEXT SIX MONTHS.
Section 11-9-880 of the 1976 Code is amended to read:
"Section 11-9-880. (A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November first of each year. Adjustments to the forecast must be considered on December first and January first. A final forecast for the next fiscal year must be made on February fifteenth. The revenue forecast for the next fiscal year must be the lower of (a) the February 15 forecast of the Board of Economic Advisors or (b) the revenue cap computed based on the following formula: (i) the actual general fund collections for the immediately preceding calendar year, and (ii) for fiscal year 1987-88, eighty-two percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections, and (iii) for fiscal year 1988-89, seventy percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections, and (iv) for fiscal year 1989-90 and subsequent fiscal years, sixty percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections. Notwithstanding the above provisions, any additional revenue enhancements must receive a two-thirds vote of those present at each stage in the appropriation process (Ways and Means Committee, House of Representatives, Senate Finance Committee, and Senate) to be included in the official revenue forecast for appropriation purposes. These provisions concerning the requirement of a two-thirds vote do not apply to general tax increases or new taxes which affect fifty percent or more of the State's population. Prior to making or adjusting any forecast, the Board may consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:
(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;
(2) a projection of state revenues on a quarterly basis;
(3) separate discussions of any industry which employs more than twenty percent of the State's total nonagricultural employment and separate projections for these industries.
(B) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors must be reported to the members of the Budget and Control Board and provided to members of the General Assembly and made available to the news media. "/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. McABEE raised the Point of Order that lines 8-17, righthand column, of Section 15 of Part II were not germane to the Bill under Rule 5.3.
The SPEAKER stated the lines did not constitute a clearly identifiable subsection able to stand on its own, and he overruled the Point of Order.
Section 15 as amended was adopted.
Rep. CARNELL moved to reconsider the vote whereby Amendment No. 201 on Section 41 was adopted and the motion was noted.
Reps. T.M BURRISS, HAWKINS, THRAILKILL, SHARPE, HEARN, McCAIN, L. MARTIN and WALDROP proposed the following Amendment No. 69 (Doc. No. 2908Y), which was rejected.
Amend the bill, as and if amended, Part II, Section 16, which begins on page 129-017, by striking Section 16 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.M. BURRISS explained the amendment.
Rep. T. ROGERS moved to table the amendment.
Rep. FOXWORTH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Beasley Boan Brown, J. Brown, R. Carnell Cooper Dangerfield Edwards Elliott Faber Felder Ferguson Foster Gilbert Gordon Harris, J. Harris, P. Hendricks Hodges Holt Jones Keyserling Lewis Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. Neilson Nettles Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Stoddard Taylor Toal Tucker Washington Whipper
Those who voted in the negative are-
Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Blackwell Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cork Corning Davenport Day Derrick Evatt Fair Foxworth Harvin Haskins Hawkins Hayes Hearn Helmly Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Limehouse Lockemy Mappus Martin, D. Martin, L. McCain McEachin McKay Moss Nesbitt Ogburn Petty Phillips, O. Sharpe Simpson Snow Sturkie Thrailkill Townsend Waldrop Wells Wilder Wilkins
So, the House refused to table the amendment.
Rep. McABEE spoke against the amendment.
The SPEAKER granted Rep. LIMEHOUSE a temporary leave of absence for 30 minutes.
Rep. McABEE continued speaking.
Rep. HASKINS spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Aydlette Bailey, G. Baker Baxley Bennett Blackwell Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Derrick Evatt Fair Foxworth Harvin Haskins Hayes Hearn Johnson, J.W. Kay Kirsh Koon Lockemy Mappus Martin, L. McCain McEachin McGinnis McLeod, J.W. Ogburn Phillips, O. Rhoad Sharpe Simpson Sturkie Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, K. Beasley Boan Brown, J. Brown, R. Carnell Chamblee Dangerfield Day Edwards Elliott Faber Felder Ferguson Foster Gilbert Gordon Harris, J. Harris, P. Hawkins Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Keyserling Klapman Lewis Martin, D. Mattos McAbee McBride McLellan McLeod, E.B. Moss Nesbitt Nettles Pearce Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Washington Whipper White Wilder Wilkins
So, the amendment was rejected.
Rep. R. BROWN proposed the following Amendment No. 110 (Doc. No. 2965Y), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, beginning on page 129-017 and line 31, by striking SECTION 16 and inserting:
TO AMEND SECTION 12-21-380, OF THE 1976 CODE, AS AMENDED, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY, SO AS TO INCREASE THE TAX AND TO PROVIDE FOR THE DEPOSIT OF THE INCREASE.
A. Section 12-21-380 of the 1976 Code, as last amended by Section 10 of Part II of Act 540 of 1986, is further 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 on the property at the time of sale exceeds one hundred dollars and does not exceed five hundred dollars must be taxed one dollar and fifty-five cents and for each additional five hundred dollars, or fractional part of five hundred dollars, one dollar and fifty-five cents. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents of the tax on each additional increment of five hundred dollars must be paid to the Heritage Land Trust Fund. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents of the tax on each additional increment of five hundred dollars must be deposited in a special fund of the local government division of the State Budget and Control Board, to be divided equally among the districts of the House of Representatives, expended exclusively for the improvement of fire protection services within each district, upon the written request of each district's representative to the House of Representatives and the senators representing the district. Thirty-five cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and thirty-five cents of the tax on each additional increment of five hundred dollars must be deposited in the general fund of the State. Any deed, instrument, or writing whereby any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, 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 and without penalty."
B. The provisions of this section take effect July 1, 1987. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. BROWN explained the amendment.
Reps. T.M. BURRISS and McLELLAN spoke against the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 69 to 21.
Rep. HASKINS proposed the following Amendment No. 268, which was tabled.
Amend as and if amended, Part II, Section 16, on page 129-018 by adding on line 05 after the word "cents": /up to a maximum tax of $2,900.00./
Amend title and totals to conform.
Rep. HASKINS explained the amendment.
Rep. TOAL moved to table the amendment.
Rep. T.M. BURRISS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 30.
Rep. McEACHIN moved to table the Section.
Rep. BAKER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Aydlette Bailey, G. Baker Baxley Blackwell Brown, H. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Derrick Evatt Fair Foxworth Haskins Hayes Hearn Johnson, J.W. Koon Lockemy Mappus Martin, L. McCain McEachin McKay McLeod, J.W. Ogburn Petty Sharpe Simpson Sturkie Thrailkill Wells Wilder
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, K. Beasley Bennett Boan Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Day Edwards Elliott Faber Felder Foster Gilbert Gordon Harris, J. Harris, P. Hawkins Helmly Hendricks Hodges Holt Huff Johnson, J.C. Keyserling Kirsh Lewis Martin, D. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Nesbitt Nettles Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Washington Whipper White Wilkins
So, the House refused to table the Section.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. McEACHIN moved to table the Section.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Baxley Blackwell Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Derrick Fair Foxworth Harvin Haskins Hayes Hearn Huff Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Lockemy Mappus Martin, L. McCain McEachin McKay McLeod, J.W. Moss Ogburn Petty Simpson Sturkie Thrailkill Wells
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Beasley Bennett Boan Brown, J. Carnell Chamblee Cooper Dangerfield Edwards Elliott Evatt Faber Felder Ferguson Foster Gilbert Gordon Harris, J. Harris, P. Helmly Hendricks Hodges Holt Jones Keyserling Lewis Martin, D. Mattos McAbee McBride McElveen McGinnis McLellan McLeod, E.B. Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Short Snow Stoddard Taylor Toal Tucker Waldrop Washington Whipper White Wilder Wilkins
So, the House refused to table the Section.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. BEASLEY moved to adjourn debate upon the Section.
Rep. FELDER moved to table the motion which was agreed to by a division vote of 77 to 10.
Reps. J. ROGERS and BEASLEY proposed the following Amendment No. 271 (Doc. No. 3263Y), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by striking SECTION 18 and inserting:
TO AMEND SECTION 48-47-175 OF THE 1976 CODE, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL, SO AS TO CHANGE THE AMOUNT OF TAX IMPOSED ON EACH CUBIC FOOT OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF IN THIS STATE FROM FOUR DOLLARS A CUBIC FOOT TO EIGHT DOLLARS A CUBIC FOOT.
A. Section 48-47-175A of the 1976 Code is amended to read:
"A. There is imposed a tax of eight dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State."
B. This section is effective for low-level radioactive waste disposed of after June 30, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. ROGERS explained the amendment.
Reps. WILDER and SIMPSON spoke against the amendment.
The amendment was then adopted by a division vote of 63 to 35.
Section 18 as amended was adopted.
I wish to be recorded as voting No to the Increase of the Nuclear Amendment.
Rep. THOMAS N. RHOAD
Reps. P. HARRIS and RICE proposed the following Amendment No. 107 (Doc. No. 3035Y), which was adopted.
Amend the bill, as and if amended, in Part II, SECTION 19, page 129-018, by striking Section 12-35-1155, as contained in subsection B and inserting:
/B. Article 9, Chapter 35 of Title 12 of the 1976 Code is amended by adding:
"Section 12-35-1155. Notwithstanding the provisions of Section 12-35-170, the license and the sales and use tax imposed by this chapter apply with respect to the gross proceeds derived from the sale by an insurance company of any motor vehicle acquired by the company in settlement of any claim made against an insured of the company. This section applies only to vehicles sold intact for repair and resale. The limitation on the tax provided in Section 12-35-516 applies to the sale."
Renumber sections to conform.
Amend totals to conform.
Amend title to read:
TO AMEND SECTION 12-35-90 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION OF "RETAILER" AN INSURANCE COMPANY SELLING MOTOR VEHICLES ACQUIRED IN SETTLEMENT OF CLAIMS AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155 SO AS TO IMPOSE THE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OF MOTOR VEHICLES ACQUIRED BY INSURANCE COMPANIES IN SETTLEMENT OF CLAIMS IF THE VEHICLE REMAINS INTACT AND IS REPAIRED./
Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Section 19 as amended was adopted.
The Ways and Means Committee proposed the following Amendment No. 35 to H. 2590 (Doc. No. 2796Y), which was tabled.
Amend the bill, as and if amended, in PART II, Permanent Provisions, page 129-019, by striking SECTION 20 and inserting:
TO AMEND SECTION 61-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMITS AND FILING FEES TO SELL BEER OR WINE, SO AS TO INCREASE THE RETAIL LICENSE FEE FROM ONE HUNDRED TWENTY-FIVE TO TWO HUNDRED DOLLARS.
A. Section 61-9-310 of the 1976 Code, as last amended by Act 453 of 1986, is further amended to read:
"Section 61-9-310. Every person engaging in the business of selling beer, ale, porter, wine, or any beverage which has been declared to be nonalcoholic and nonintoxicating under the provisions of Section 61-9-10 shall apply to the South Carolina Alcoholic Beverage Control Commission for a permit to sell these beverages. Each applicant shall pay a filing fee of one hundred dollars which is not refundable. Retail dealers shall pay to the Commission two hundred dollars a year for retail permits, and wholesale dealers shall pay to the Commission one thousand dollars a year for wholesale permits. Permits expire on September thirtieth of each year. Separate permits are required for each separate place of business. Permits issued during license year 1986-87 expire on September 30, 1987."
B. The provisions of this section take effect October 1, 1987./
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Rep. McLELLAN explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Section 20 was then adopted.
Reps. BLANDING and HARVIN proposed the following Amendment No. 264 (Doc. No. 3235Y), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 129-019, by deleting SECTION 21 beginning on line 4.
Renumber sections to conform.
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Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. McEACHIN moved to table the Section, which was not agreed to by a division vote of 41 to 58.
The question then recurred to the adoption of the Section, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 6 (Doc. No. 2894Y), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding a section appropriately numbered to read:
TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-625, SO AS TO IMPOSE AN ADDITIONAL TAX OF ONE CENT ON EACH PACK OF CIGARETTES AND TO PROVIDE THAT THE REVENUE DERIVED FROM THE TAX MUST BE USED FOR CANCER AND LUNG DISEASE RESEARCH IN THIS STATE.
A. Article 5, Chapter 21 of Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625(A) In addition to the tax imposed on cigarettes by Section 12-21-620(5), there is imposed an additional tax of one mill on all cigarettes made of tobacco or any tobacco substitute. This additional tax must be paid and collected in the manner that the tax imposed by Section 12-21-620(5) is paid and collected.
(B) The revenue derived from the tax imposed by this section must be credited to the South Carolina Cancer and Lung Disease Research Fund, a fund separate and distinct from the general fund of the State. Revenues in the South Carolina Cancer and Lung Disease Research Fund may be appropriated by the General Assembly only for cancer and lung disease research in this State."
B. This section takes effect July 1, 1987./
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Rep. SNOW moved to table the amendment, which was agreed to by a division vote of 78 to 18.
Reps. KIRSH, FELDER, KLAPMAN and TOAL proposed the following Amendment No. 18 (Doc. No. 3262Y), which was adopted.
Amend the bill, as and if amended, PART II-PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered, as follows:
TO AMEND SECTIONS 11-9-810 OF THE 1976 CODE, RELATING TO FINDINGS AND PURPOSE CONCERNING PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO "EXPENDITURES"; 11-9-820, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD, PROVIDE FOR THE APPOINTMENT OF A CHAIRMAN, DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD SHALL APPOINT A PANEL CONSISTING OF AT LEAST FIVE EXPERTS TO ADVISE IT ON NATIONAL AND STATE ECONOMIC CONDITIONS AND TRENDS; 11-9-830, RELATING TO THE DUTIES OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO, AMONG OTHER THINGS, REVAMP THOSE DUTIES; AND 11-9-840, RELATING TO PROCEDURES RELATIVE TO CHANGES IN REVENUE OR EXPENDITURE FORECAST OR PROJECTION, ADJUSTMENTS IN APPROPRIATIONS OR REQUESTS, MEETINGS OF THE BOARD OF ECONOMIC ADVISORS, AND THE BOARD OF ECONOMIC ADVISORS AS OFFICIAL STATE VOICE ON ECONOMIC MATTERS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO "EXPENDITURES", DELETE OTHER PROVISIONS, INCLUDING TIME OF NOTIFICATION TO THE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE CONCERNING CERTAIN INFORMATION, CHANGE THE SCHEDULE OF WHEN THE BOARD OF ECONOMIC ADVISORS MUST MEET FORMALLY, PROVIDE THAT THE CHAIRMAN OF THE BOARD OF ECONOMIC ADVISORS IS RESPONSIBLE FOR FORMULATING A CONSENSUS AND FOR GENERALLY ACTING AS A SPOKESMAN, PROVIDE THAT ANY APPROPRIATE GOVERNMENTAL ENTITY IDENTIFYING OR REQUESTING A CHANGE IN THE OFFICIAL REVENUE FORECAST OR PROJECTION EXCEEDING ONE HUNDRED THOUSAND DOLLARS, FOR A SPECIFIED PERIOD OF TIME, SHALL GIVE CERTAIN NOTIFICATION, AND TO PROVIDE THAT OF THE FUNDS APPROPRIATED FOR FISCAL YEAR 1987-88 THE CHAIRMAN OF THE BOARD SHALL RECEIVE FROM THE BUDGET AND CONTROL BOARD CIVIL CONTINGENT FUND AN AMOUNT NOT TO EXCEED EIGHT THOUSAND DOLLARS AND FOR EACH YEAR AFTER THAT AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.
A. Section 11-9-810 of the 1976 Code is amended to read:
"Section 11-9-810. The General Assembly finds and declares that the present system of advising the Budget and Control Board and General Assembly on economic trends has, at times, developed in a fragmented manner and that a unified system of dealing with the collection, analysis, interpretation, and presentation of matters relative to the economy is urgently needed for the orderly development of projections and forecasts as relates to revenues for a specified period of time. It is the purpose of this provision to establish an organizational and procedural framework governing formulation and review of all state revenues for all state programs and to establish general policy governing the administration of the Office of the Board of Economic Advisors."
B. Section 11-9-820 of the 1976 Code is amended to read:
"Section 11-9-820. There is created the Board of Economic Advisors as follows:
(1) One member with broad economic or business experience appointed by the Governor for a period of two years beginning July 1, 1987, and for each two-year period thereafter, who shall serve as chairman.
(2) One member with broad economic or business experience appointed by the Senate Finance Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.
(3) One member with broad economic or business experience appointed by the House Ways and Means Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.
(4) Director of the Division of Research and Statistical Services, Budget and Control Board.
(5) Chairman of the State Tax Commission.
The chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. Staff support and services for the Board of Economic Advisors must be provided by the Division of Research and Statistical Services, Budget and Control Board, and all such staff shall report to the Division Director. The Office of the Executive Director, Budget and Control Board, shall provide any additional administrative and logistical support that may be required for the Advisors to carry out the provisions of this section. Members of the Board of Economic Advisors who are not state employees shall receive only per diem compensation in accordance with state regulations. State employees shall not receive additional compensation for services to the Board of Economic Advisors.
The members of the Board of Economic Advisors shall appoint a panel consisting of at least five experts to advise the Board of Economic Advisors on national and state economic conditions and trends."
C. Section 11-9-830 of the 1976 Code is amended to read:
"Section 11-9-830. In order to provide a more effective system of providing advice to the Budget and Control Board and the General Assembly on revenue trends, the members of the Board of Economic Advisors have the following duties:
(1) The Director, Division of Research and Statistical Services, shall maintain an economic data base and statistical models; shall compile and maintain in a unified, concise, and orderly form information about total revenues; shall compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; shall publish data on economic and revenue trends; shall provide staff support from within the Division to the Board of Economic Advisors; and shall provide a monitoring report of the economic outlook on a continual basis to the House Ways and Means Committee, the Senate Finance Committee, and the Budget and Control Board.
(2) The chairman of the Tax Commission shall advise the Board of Economic Advisors on trends and impacts regarding revenues administered by the Tax Commission; shall coordinate estimates of impacts on revenues with the Board of Economic Advisors; and shall provide to the Advisors nonconfidential data as may be necessary to carry out their duties.
(3) The three appointed members shall advise on broad economic trends at the national and state levels; shall conduct independent research on economic trends; and must be available to the other advisors for consultation on economic trends.
(4) All Advisors shall continuously review and evaluate total revenues to determine the extent to which they meet fiscal plan forecasts/projections.
(5) The chairman, Board of Economic Advisors, shall bring to the attention of the Governor and the Budget and Control Board the consensus about the effectiveness, or lack thereof, of revenue trends and the impact on statewide budgets."
D. Section 11-9-840 of the 1976 Code is amended to read:
"Section 11-9-840. In the organizational and procedural framework governing the formulation and review of revenues, any appropriate governmental entity identifying or requesting a change in the official revenue forecast or projection exceeding one hundred thousand dollars, for a specified period of time, shall first notify the office of the Board of Economic Advisors prior to any independent adjustment in the appropriations or requests of the revenue for a particular year.
The Board of Economic Advisors shall formally meet at least monthly. Other meetings may be at the call of the Governor, the General Assembly, or the Chairman of the Board. Meetings must be announced in advance and open to the public.
The Board of Economic Advisors is the official voice of the State in economic matters related to revenue estimates. The chairman is responsible for formulating a consensus and for generally acting as a spokesman.
E. Of the funds appropriated for fiscal year 1987-88, the Chairman of the Board of Economic Advisors shall receive from the Budget and Control Board Civil Contingent Fund an amount not to exceed eight thousand dollars and for each year after that an amount not to exceed ten thousand dollars."/
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. FOSTER 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 129.1, 129.2, 129.3, 129.4, 129.5, 129.6, 129.7, 129.8, 129.9, 129.10, 129.11, 129.13, 129.14, 129.15, 129.17, 129.18, 129.20, 129.21, 129.22, 129.23, 129.24, 129.25, 129.26, 129.27, 129.28, 129.29, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39, 129.40, 129.41, 129.42, 129.45, 129.47, 129.48, 129.49, 130.1, 129.12, 13, 16I, 16.17, 16.65, 16.76, 16.86, 16.83, 39.2, 41.31, 41.33, 41.34, 45, 45.9, 57, 57.1, 57.2, 57.3, 57.4, 57.6, 76, 82A, 82C, 86.8, 86.9, 90, 90.1, 95, 129.3, 129.50; Part II Section 1, 3, 4, 6, 7, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 were adopted and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 2691 -- Reps. Harvin and E.B. McLeod- A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR VARSITY GIRLS' BASKETBALL TEAM OF LAURENCE MANNING ACADEMY, CLARENDON COUNTY, FOR COMPILING A SUPERB SEASON RECORD AND TO RECOGNIZE HEAD COACH MIKE LOWDER FOR HIS BRILLIANT COACHING JOB AND INSPIRING THE LADY SWAMPCATS TO BRING HONOR AND PRESTIGE TO THEMSELVES AND THEIR SCHOOL.
H. 2692 -- Reps. McEachin, Gilbert, Nettles, J.W. McLeod and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CARRIE COLLINS OF FLORENCE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY.
H. 2693 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. DORIS CHESSER OF AIKEN COUNTY UPON HER DEATH.
At 9:50 P.M. the House in accordance with the motion of Rep. FOSTER adjourned to meet at 9:30 A.M. tomorrow.
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