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:
Thanks be to You, O God, for Your watchful care during the past night and for bringing us to this a new day. We are grateful for friendships and duty, for good hopes and precious memories, for joys that cheer us, and for trials that cause us to trust You more. Keep us from being frightened by the magnitude of the tasks before us. Rather, we would pray for strength and determination to make us equal to the challenges at hand. When we make mistakes, correct us. When we fall, lift us up. Help us to serve with a sincere diligence.
And to You, our Lord, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was introduced:
H. 2712 -- Reps. Rudnick, Jones, Sharpe, Gentry and Huff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. VIRGINIA KAPLAN OF AIKEN UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2713 -- Reps. Jones, Rudnick, Sharpe, Gentry and Huff: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF RAYMOND A. "SONNY BOY" HOLLEY, FORMER GRANITEVILLE MAGISTRATE, AIKEN COUNTY, UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 2721 -- Reps. Foster, Kirsh, Hayes and Nesbitt: A HOUSE RESOLUTION INVITING MARTHA K. PIPER, PRESIDENT OF WINTHROP COLLEGE, STAFF, AND GUESTS TO ATTEND A PRESENTATION OF ITS CHORAL ENSEMBLE TO THE HOUSE OF REPRESENTATIVES IN THE HOUSE CHAMBER, ON THE OCCASION OF THE COLLEGE'S CENTENNIAL CELEBRATION, ON THURSDAY, APRIL 9, 1987, AT 10:00 A.M.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 2714 -- Rep. Wilkins: A BILL TO AMEND SECTION 17-3-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INDIGENTS AND THE APPROPRIATION FOR EXPENSES OF APPOINTED PRIVATE COUNSEL AND PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THIS FUND MUST BE USED FOR REIMBURSEMENT FOR NECESSARY EXPENSES, NOT TO EXCEED TWO THOUSAND DOLLARS FOR EACH CASE, ACTUALLY INCURRED IN THE REPRESENTATION OF PERSONS PURSUANT TO CHAPTER 3 OF TITLE 17.
Referred to Committee on Judiciary.
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Referred to Committee on Judiciary.
H. 2716 -- Reps. Evatt, M.D. Burriss, Cork, Hearn, Beasley, Corning, Hayes and Fair: A BILL TO AMEND ARTICLE 3, CHAPTER 13, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-285 SO AS TO PROHIBIT THE TRANSFER OF ALCOHOLIC LIQUORS TO PERSONS UNDER THE AGE OF TWENTY-ONE YEARS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 2717 -- Rep. J.C. Johnson: A BILL TO AMEND CHAPTER 101 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING BY ADDING SECTION 59-101-285 SO AS TO PROVIDE THAT STATE EMPLOYEES, EXCEPT TEMPORARY EMPLOYEES, WHEN ATTENDING ANY STATE-SUPPORTED COLLEGE OR UNIVERSITY OF THIS STATE FOR THE PURPOSE OF GRADUATE STUDIES MUST BE REIMBURSED BY THEIR EMPLOYER, IN EQUAL ANNUAL AMOUNTS OVER A PERIOD OF THREE FISCAL YEARS NEXT FOLLOWING THEIR ENROLLMENT, FOR ALL SPECIAL MATRICULATION OR OTHER SIMILAR UPFRONT FEES THEY PAY UPON ENROLLING UPON CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works.
H. 2718 -- Reps. Toal, Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-9-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION LAW AND THE MANNER IN WHICH THE EMPLOYER OR THE INSURANCE CARRIER MUST BE REIMBURSED FROM THE SECOND INJURY FUND WHEN DISABILITY RESULTS FROM PREEXISTING IMPAIRMENT AND SUBSEQUENT INJURY, SO AS TO PROVIDE THAT ANY EMPLOYER OPERATING IN VIOLATION OF SECTION 42-1-310 IS NOT ELIGIBLE FOR REIMBURSEMENT FROM THE SECOND INJURY FUND.
Referred to Committee on Labor, Commerce and Industry.
H. 2719 -- Reps. Toal, Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-7-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, PURPOSE, ADMINISTRATION, FUNDING, AND STAFF OF THE SECOND INJURY FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT ANY ASSESSMENT UNDER THIS SECTION CONSTITUTES A PERSONAL DEBT OF EVERY EMPLOYER OR INSURANCE CARRIER SO ASSESSED AND IS DUE AND PAYABLE TO THE SECOND INJURY FUND WHEN PAYMENT IS CALLED FOR BY THE FUND, THAT A PENALTY MAY BE ASSESSED UNDER CERTAIN CONDITIONS, AND THAT THE DIRECTOR OF THE SECOND INJURY FUND MAY FILE A COMPLAINT FOR COLLECTION UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Labor, Commerce and Industry.
H. 2720 -- Reps. Toal, Hearn and J.W. Johnson: A BILL TO AMEND SECTION 42-9-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE PROVISION THAT TRUSTEES MAY ADMINISTER LUMP-SUM SETTLEMENTS, SO AS TO DELETE AN OBSOLETE REFERENCE TO THE LUMP-SUM STATUTE AND REPLACE IT WITH THE CORRECT REFERENCE.
Referred to Committee on Labor, Commerce and Industry.
S. 531 -- Education Committee: A BILL TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THIS SECTION, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
Referred to Committee on Education and Public Works.
S. 534 -- Senators Moore, Shealy and Setzler: A JOINT RESOLUTION TO PROVIDE FOR THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE AIKEN COUNTY BOARD OF EDUCATION SERVING ON THE EFFECTIVE DATE OF AN ACT OF 1987 BEARING RATIFICATION NUMBER 29.
Without reference.
S. 535 -- Banking and Insurance Committee: A BILL TO REPEAL SECTION 15-78-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AS TO INSURANCE COMPANIES OR REINSURANCE COMPANIES SELECTED BY POLITICAL SUBDIVISIONS TO HANDLE OR ASSIST IN HANDLING INSURANCE PROGRAMS REQUIRED BY THE PROVISIONS OF THE SOUTH CAROLINA TORT CLAIMS ACT.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Faber Fair Ferguson Foster Foxworth Gilbert Gordon Harris, J. Harris, P. Haskins Hawkins Hayes Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Lewis Limehouse Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Toal Townsend Tucker Washington Wells Whipper White Wilder Wilkins Winstead
I came in after the roll call and was present for the Session on March 20, 1987.
James E. Lockemy Dave C. Waldrop James M. Arthur Mickey Burriss James G. Mattos Bill Cork Larry Blanding Philip T. Bradley J. Michael Baxley John D. Bradley III Dewitt Williams Parker Evatt Lenoir Sturkie John Felder Donna Moss Robert A. Kohn Thomas E. Huff William H. Jones Paul Derrick Larry Gentry John H. Burriss Jack Gregory Paul Short Larry Koon Dick Elliott
LEAVES OF ABSENCE
The SPEAKER granted Reps. EDWARDS, O. PHILLIPS and PETTY a leave of absence for the day.
The SPEAKER granted Rep. J.H. BURRISS a temporary leave of absence.
Announcement was made that Theodore A. Watson of Greenville, is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 2590--(The General Appropriation Bill.)
Rep. KIRSH proposed the following Amendment No. 59 (Doc. No. 2947Y).
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a section appropriately numbered to read:
TO AMEND SECTION 9-1-1810 OF THE 1976 CODE, RELATING TO COST OF LIVING ADJUSTMENTS IN BENEFITS PAID TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDEFINE "CONSUMER PRICE INDEX".
The third paragraph of Section 9-1-1810 of the 1976 Code is amended to read:
"For purposes of this section, 'Consumer Price Index' means the Consumer Price Index (all items-United States city average), as published by the United States Department of Labor, Bureau of Labor Statistics."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH moved to adjourn debate upon the amendment, which was adopted.
Reps. RUDNICK and WHITE proposed the following Amendment No. 102 (Doc. No. 2949Y), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-42 SO AS TO PROVIDE THAT UPON RETIREMENT OR TERMINATION FROM STATE EMPLOYMENT, AN EMPLOYEE SHALL RECEIVE A LUMP-SUM PAYMENT FOR UNUSED SICK LEAVE NOT TO EXCEED FORTY-FIVE DAYS, AND TO PROVIDE THAT IF AN EMPLOYEE DIES, HIS LEGAL REPRESENTATIVE IS ENTITLED TO THIS LUMP-SUM PAYMENT FOR HIS UNUSED SICK LEAVE NOT TO EXCEED FORTY-FIVE DAYS.
The 1976 Code is amended by adding:
Section 8-11-42. Upon retirement or termination from state employment, an employee shall receive a lump-sum payment for unused sick leave not to exceed forty-five days. If an employee dies, his legal representative is entitled to this lump-sum payment for his unused sick leave not to exceed forty-five days./
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK moved to adjourn debate upon the amendment, which was rejected.
Rep. TOAL raised the Point of Order that Amendment No. 102 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 149 (Doc. No. 3094Y), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-35-1550 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF SALES TAX REVENUES, SO AS TO REQUIRE ALL MONIES APPROPRIATED FROM THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 FUND WHICH ARE DISBURSED BY THE STATE DEPARTMENT OF EDUCATION TO BE APPROPRIATED IN ONE DIVISION OF THE STATE EDUCATION DEPARTMENT SECTION OF THE ANNUAL GENERAL APPROPRIATIONS ACT.
Section 12-35-1515 of the 1976 Code is amended by adding a paragraph at the end to read:
"All monies appropriated from the fund which are disbursed by the State Department of Education must be appropriated in one division of the section in the annual general appropriations act making appropriations for the State Department of Education and the division may not include appropriations from any other source."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. SNOW and TOAL proposed the following Amendment No. 177 (Doc. No. 3147Y ), which was adopted.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 39 IN CHAPTER 3 OF TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, SO AS TO PROVIDE FOR COMMEMORATIVE FIFTIETH ANNIVERSARY BIG APPLE AND SHAG MOTOR VEHICLE LICENSE PLATES AND TO PROVIDE A FEE FOR THE PLATE.
Big Apple and Shag Commemorative License Plates
Section 56-3-3910. The department may issue two special commemorative motor vehicle license plates, one commemorating the fiftieth anniversary of the introduction of the dance Big Apple and one commemorating the fiftieth anniversary of the introduction of the State Dance, the Shag, in 1988. The annual fee for the commemorative license plates is twenty dollars in addition to the regular motor vehicle registration fee prescribed by Article 5 of this chapter. These license plates must be of the same size and general design of regular motor vehicle license plates. Plates must be issued or revalidated annually for the year beginning December first and ending November thirtieth. License number "one" for the Big Apple license plate is reserved for the mayor of Columbia and license number "one" for the Shag license plate is reserved for the president of the Columbia Shag Club in Richland County.
Section 56-3-3920. A special license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made therefor and approved by the Department. It is unlawful for any person to whom such a commemorative license plate has been issued knowingly to permit the plate to be displayed on any vehicle except the one authorized by the Department.
Section 59-3-3930. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative thereto."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK raised the Point of Order that Amendment No. 177 was out of order as it was not germane to the bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. SNOW explained the amendment.
The amendment was then adopted.
Reps. O. PHILLIPS and MOSS proposed the following Amendment No. 231 (Doc. No. 3161Y), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO PROVIDE THAT THE ALCOHOLIC BEVERAGE CONTROL COMMISSION MAY NOT GENERATE ANY LICENSE FEES TO BE DEPOSITED IN THE STATE GENERAL FUND THROUGH THE ISSUANCE OF LICENSES OR PERMITS FOR ON OR OFF PREMISES CONSUMPTION WHICH AUTHORIZE ALCOHOLIC LIQUOR, BEER, OR WINE TO BE SOLD ON A DRIVE-THROUGH OR CURB SERVICE BASIS.
The Alcoholic Beverage Control Commission may not generate any license fees to be deposited in the state general fund through the issuance of licenses or permits for on or off premises consumption which authorize alcoholic liquor, beer, or wine to be sold on a drive-through or curb service basis./
Amend totals and title to conform.
Rep. McGINNIS explained the amendment.
Rep. LIMEHOUSE raised the Point of Order that Amendment No. 231 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
The amendment was then adopted by a division vote of 59 to 14.
The SPEAKER granted Rep. BENNETT a temporary leave of absence to attend a Wildlife Commission Meeting.
Rep. KOON proposed the following Amendment No. 233 (Doc. No. 3200Y), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
THE 1976 CODE IS AMENDED BY ADDING SECTION 44-6-220 SO AS TO PROVIDE FOR A COST CONTAINMENT APPROACH BY THE ADMINISTERING AGENCY FOR THE REIMBURSEMENT OF PROVIDERS PARTICIPATING IN THE MEDICAID PROGRAM AND THE MEDICALLY INDIGENT ASSISTANCE PROGRAM.
SECTION 1. Chapter 6 of Title 44 is amended by adding:
"Section 44-6-220. The Medicaid Program in South Carolina and the South Carolina Medically Indigent Assistance Program must include a cost containment approach by the administering agency for the reimbursement of providers. This approach must include the following factors:
(1) Hospital pre-certification admissions: Any admission must be certified as a medical necessity if it is not an emergency.
(2) Second surgical opinions: A second medical opinion must be obtained on any non-emergency surgical procedure.
(3) Hospital bill audit: Any bill submitted by a hospital must be audited for errors.
(4) Continued stay review: Any procedure requiring hospitalization for longer than four days must be continually reviewed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOLT explained the amendment.
Rep. L. MARTIN raised the Point of Order that Amendment No. 233 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. FERGUSON, WHITE, FABER, TAYLOR, TOAL, P. HARRIS, RUDNICK, WASHINGTON, KEYSERLING, LEWIS, O. PHILLIPS, ARTHUR, WILLIAMS and GORDON proposed the following Amendment No. 260 (Doc. No. 3268Y).
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO PROVIDE FOR A SPECIAL EXCISE TAX ON SOFT DRINK POWDER BASE PRODUCTS AND TO PROVIDE FOR THE PAYMENT AND COLLECTION OF THIS TAX.
A. All powder bases and those which are in the form of crystals, granules, powders, tablets and are prepared for the purpose of mixing soft drinks are subJect to a special excise tax whether sold for use on or off the premises of the retailer. Retailer for purposes of this section means a person having a retail sales tax license or number issued pursuant to law. The rate of tax on these powder base products is one-half cent an ounce or fraction thereof by weight. When these powder base products are packed in individual envelopes which contain not more than one ounce of powder or dry mixture, the tax is one-half cent a package.
B. The tax imposed by this section must be paid by the distributor or wholesale vendor selling the powder base product to the retailer.
C. Distributors and wholesale vendors, both resident and nonresident, must pay the excise tax on these powder base products on a monthly report basis instead of affixing tax stamps on the packages in accordance with the following procedure:
(1) proper report must be filed with the South Carolina Tax Commission by the fifteenth of each month together with remittance covering the excise tax due for the preceding month;
(2) sales invoices of distributors and wholesale vendors must show the amount of the excise tax on the powder base products sold;
(3) proper records of purchases and sales of the powder base products by distributors and wholesale vendors must be kept separate and distinct and be ready for inspection or audit at any time by the Commission or its authorized agent;
(4) proper surety bond must be posted, when and if required by the Commission, to adequately protect the State in the collection of the excise tax.
D. The Commission is authorized to promulgate regulations necessary to impose the provisions of this section including regulations that further define what constitutes a powder base product subject to the special excise tax imposed in this section.
E. All monies derived from the tax imposed by this section must be remitted to the Department of Health and Environmental Control to be used exclusively for the Sickle Cell Program.
F. The provisions of this section take effect July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FERGUSON moved to adjourn debate upon the amendment, which was adopted.
Reps. LEWIS, KEYSERLING and McABEE proposed the following Amendment No. 261 (Doc. No. 3192Y).
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO REQUIRE ONE EDUCATOR OR STAFF MEMBER OF EACH SCHOOL DISTRICT SUCCESSFULLY TO COMPLETE TRAINING TO IDENTIFY ARTISTICALLY GIFTED AND TALENTED STUDENTS AND ADMINISTER PROGRAMS FOR SUCH STUDENTS PRIOR TO THE END OF THE 1987-88 SCHOOL YEAR, TO PROVIDE FOR EXEMPTIONS, AND TO REQUIRE TUITION REIMBURSEMENTS THROUGH THE TUITION REIMBURSEMENT PROGRAM OF THE EDUCATION IMPROVEMENT ACT OF 1984 IF FUNDS ARE APPROPRIATED FOR THE PROGRAM.
At least one educator or staff member in each school district shall successfully complete training for artistically gifted and talented student identification and administration of the artistically gifted and talented program prior to the end of the 1987-88 school year at instructional facilities designated as appropriate by the State Department of Education. The State Department of Education shall establish criteria by which this provision may be waived for an educator or staff member who is able to demonstrate competency in identifying artistically gifted and talented students and appropriately administering the programs. Tuition reimbursement must be provided to educators or staff members upon successful completion of a three-hour credit course in artistically gifted and talented education through the Tuition Reimbursement program of the Education Improvement Act of 1984 to the extent funds are appropriated for the Tuition Reimbursement Program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEWIS moved to adjourn debate upon the amendment, which was adopted.
Reps. J.C. JOHNSON, TOAL and WHITE proposed the following Amendment No. 269 (Doc. No. 3241Y), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO REPEAL SECTION 12-35-516 OF THE 1976 CODE RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN PROPERTY INCLUDING AIRCRAFT, MOTOR VEHICLES, AND BOATS.
A. Section 12-35-516 of the 1976 Code is repealed.
B. The provisions of this section are effective for all sales or leases entered into after June 30, 1987.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WHITE explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 269 was out of order as it violated Section 11-11-440, by providing for a general tax increase which affects over fifty percent of the population.
The SPEAKER overruled the Point of Order.
Reps. LIMEHOUSE, McKAY, SIMPSON and FELDER spoke against the amendment.
Reps. J.C. JOHNSON and WHITE spoke in favor the amendment.
The SPEAKER granted Rep. STODDARD a leave of absence to attend a funeral.
The SPEAKER granted Rep. SHELTON a leave of absence for the remainder of the day.
Rep. McKAY moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Blackwell Blanding Boan Bradley, J. Brown, C. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Elliott Evatt Faber Fair Felder Ferguson Foster Foxworth Gordon Harris, J. Harris, P. Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Rhoad Rice Sheheen Short Simpson Snow Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Bailey, K. Gilbert Johnson, J.C. Jones Kay Martin, D. Phillips, L. Rogers, T. Rudnick Sharpe Taylor Toal Washington Whipper White Williams
So, the amendment was tabled.
Reps. J.C. JOHNSON, HUFF and TOAL proposed the following Amendment No. 101 (Doc. No. 2988Y), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 12-35-516 OF THE 1976 CODE RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN PROPERTY INCLUDING AIRCRAFT, MOTOR VEHICLES, AND BOATS, SO AS TO INCREASE THIS MAXIMUM TAX FROM THREE HUNDRED DOLLARS TO FIVE HUNDRED DOLLARS.
A. Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. In case of the sale or lease of any (1) aircraft, (2) motor vehicle, (3) motorcycle, (4) boat, (5) trailer or semitrailer pulled by a truck tractor as each is defined in Section 56-3-20 but not including house trailers or campers as defined in Section 56-3-710 (6) recreational vehicle including, but not limited to, tent campers, travel trailers, park models, park trailers, motor homes, and fifth wheels or (7) self propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horsepower, the maximum tax levied by this chapter is five hundred dollars with respect to each of these items of personal property. In the case of a lease, the total tax rate required by law applies on each payment until the aggregate tax paid equals five hundred dollars. Nothing in this section prohibits a lessee from paying the total tax due at the time of execution of the lease or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be for a period in excess of ninety days."
B. The provisions of Section 12-35-516 of the 1976 Code, as amended by the provisions of this section, are effective for all sales or leases entered into after June 30, 1987. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.C. JOHNSON explained the amendment.
The SPEAKER granted Rep. GORDON a leave of absence to attend a funeral.
Reps. RUDNICK and TOAL spoke in favor of the amendment.
Rep. HENDRICKS spoke against the amendment.
Rep. FELDER moved to table the amendment.
Rep. RUDNICK 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 Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Elliott Evatt Fair Felder Ferguson Foster Foxworth Gordon Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Kirsh Kohn Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Rhoad Rice Rogers, J. Short Simpson Snow Sturkie Thrailkill Tucker Waldrop Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Arthur Bailey, K. Gilbert Huff Johnson, J.C. Jones Kay Keyserling McGinnis Phillips, L. Rogers, T. Rudnick Sheheen Taylor Toal Townsend Washington Whipper White Williams
So, the amendment was tabled.
Reps. T.M. BURRISS, FERGUSON and WASHINGTON proposed the following Amendment No. 279 (Doc. No. 3133Y), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO PROVIDE FOR A SPECIAL EXCISE TAX ON SOFT DRINK POWDER BASE PRODUCTS AND TO PROVIDE FOR THE PAYMENT AND COLLECTION OF THIS TAX.
A. All powder bases and those which are in the form of crystals, granules, powders, tablets and are prepared for the purpose of mixing soft drinks are subject to a special excise tax whether sold for use on or off the premises of the retailer. Retailer for purposes of this section means a person having a retail sales tax license or number issued pursuant to law. The rate of tax on these powder base products is three cents an ounce or fraction thereof by weight. When these powder base products are packed in individual envelopes which contain not more than one ounce of powder or dry mixture, the tax is three cents a package.
B. The tax imposed by this section must be paid by the distributor or wholesale vendor selling the powder base product to the retailer.
C. Distributors and wholesale vendors, both resident and nonresident, must pay the excise tax on these powder base products on a monthly report basis instead of affixing tax stamps on the packages in accordance with the following procedure:
(1) proper report must be filed with the South Carolina Tax Commission by the fifteenth of each month together with remittance covering the excise tax due for the preceding month;
(2) sales invoices of distributors and wholesale vendors must show the amount of the excise tax on the powder base products sold;
(3) proper records of purchases and sales of the powder base products by distributors and wholesale vendors must be kept separate and distinct and be ready for inspection or audit at any time by the Commission or its authorized agent;
(4) proper surety bond must be posted, when and if required by the Commission, to adequately protect the State in the collection of the excise tax.
D. The Commission is authorized to promulgate regulations necessary to impose the provisions of this section including regulations that further define what constitutes a powder base product subject to the special excise tax imposed in this section.
E. The provisions of this section take effect July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. LEWIS raised the Point of Order that the member's remarks were not germane to the amendment, as required by Rule 3.6.
The SPEAKER stated the member's remarks should be confined to the amendment under consideration.
Rep. McLELLAN continued speaking.
Reps. T.M. BURRISS and FERGUSON spoke in favor of the amendment.
Rep. STURKIE spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. DAVENPORT 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 Blanding Boan Brown, J. Brown, R. Burriss, T.M. Cooper Dangerfield Elliott Faber Felder Ferguson Foster Gentry Gilbert Harris, J. Harris, P. Hawkins Hendricks Hodges Holt Keyserling Kirsh Martin, D. Mattos McAbee McBride McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Neilson Nettles Pearce Rice Rogers, J. Rogers, T. Rudnick Sheheen Snow Taylor Toal Tucker Waldrop Washington Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Baxley Blackwell Bradley, J. Bradley, P. Brown, H. Burriss, M.D. Carnell Chamblee Clyborne Cork Corning Davenport Derrick Evatt Fair Foxworth Harvin Haskins Hayes Hearn Helmly Huff Johnson, J.C. Johnson, J.W. Klapman Koon Lewis Limehouse Lockemy Mappus Martin, L. McEachin Moss Ogburn Phillips, L. Rhoad Short Simpson Sturkie Thrailkill Townsend Wells
So, the amendment was adopted.
Reps. E.B. McLEOD, McELVEEN, BAXLEY, HARVIN, G BROWN and BLANDING proposed the following Amendment No. 287 (Doc. No. 3267Y), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-56-160 OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO DIRECT THREE DOLLARS OF CERTAIN FEES TO THE GENERAL FUND OF THE STATE AND TO INCREASE FROM ONE TO THREE DOLLARS THE AMOUNT RETURNED TO A COUNTY WHERE A DISPOSAL SITE IS LOCATED; TO AMEND SECTION 44-56-170, RELATING TO REPORTING AND FEES FOR THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO INCREASE CERTAIN FEES; AND TO AMEND SECTION 44-56-510, RELATING TO HAZARDOUS WASTE FEES, SO AS TO INCREASE THE FEES.
A. Section 44-56-160 of the 1976 Code is amended to read:
"Section 44-56-160. The Department of Health and Environmental Control is directed to establish a Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at permitted hazardous waste landfills, and necessary from accidents in the transportation of hazardous materials, and to defray the costs of governmental response actions at uncontrolled hazardous waste sites. The Contingency Fund is financed through the imposition of fees provided in Sections 44-56-170 and 44-56-510, and annual appropriations which must be provided by the General Assembly, except that three dollars of each fee imposed pursuant to Section 44-56-170(C) and (D) and Section 44-56-510 must be deposited to the credit of the general fund of the State. An amount equal to three dollars a ton for wastes reported under Section 44-56-170(A), four dollars a ton for wastes reported under Section 44-56-170(E), one dollar a ton for wastes reported under Section 44-56-510(1) and two dollars a ton for wastes reported under Section 44-56-510(2), must be held separate and distinct within the Fund for the purpose of response actions arising from the operation of permitted land disposal facilities in this State. From the fund created for permitted sites, an amount equal to three dollars a ton for hazardous waste must be held separate and distinct within the Fund for the purpose of being returned to the governing body of a county in which a permitted commercial land disposal facility is located. The funds returned to a county must be used by the local law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the county. The county governing body shall distribute the funds in an equitable manner to the involved local units including, but not limited to, municipalities and special purpose districts, as well as county entities. The State Treasurer shall disperse the funds annually to counties which contain commercial hazardous waste land disposal sites. Any interest accruing from the management of the funds held pursuant to this section must be credited to the Contingency Fund.
B. Subsections (C) and (E) of Section 44-56-170 of the 1976 Code are respectively amended to read:
"(C) There is imposed a fee of eighteen dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal.
(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the Department an amount equal to the fee for each ton imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than twenty-three dollars a ton."
C. Section 44-56-510 of the 1976 Code is amended to read:
"Section 44-56-510. Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:
(1) A fee of ten dollars a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal.
(2) For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the Department a fee of twelve dollars and fifty cents a ton."
D. This section is effective July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. WINSTEAD moved to table the amendment.
Rep. E.B. McLEOD 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 Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, H. Burriss, M.D. Burriss, T.M. Carnell Clyborne Cooper Cork Dangerfield Davenport Day Derrick Elliott Evatt Felder Foster Foxworth Gentry Harris, J. Harris, P. Hawkins Hayes Hearn Helmly Hodges Holt Johnson, J.C. Keyserling Kirsh Koon Limehouse Lockemy Mappus Martin, L. Mattos McAbee McCain McKay McLeod, J.W. McTeer Moss Nesbitt Ogburn Pearce Rogers, J. Short Simpson Sturkie Thrailkill Tucker Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, K. Barfield Baxley Bennett Blanding Brown, G. Chamblee Corning Faber Harvin Haskins Huff Jones Klapman Lewis McBride McEachin McElveen McGinnis McLeod, E.B. Phillips, L. Rhoad Rice Rudnick Sheheen Taylor Toal Whipper Wilder Wilkins Williams
So, the amendment was tabled.
Rep. J. ROGERS 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.
Reps. HENDRICKS, ALTMAN, WHITE and NESBITT proposed the following Amendment No. 288 (Doc. No. 3272Y), which was tabled.
Amend the bill, as and if amended, PART II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 12-35-516 OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN PROPERTY INCLUDING AIRCRAFT, MOTOR VEHICLES, AND BOATS, SO AS TO PROVIDE THAT, WHENEVER THE SALE OR LEASE PRICE EXCEEDS SIX THOUSAND DOLLARS, THE APPLICABLE SALES TAX PAYABLE IS THREE HUNDRED DOLLARS PLUS ONE PERCENT OF THE AMOUNT OF THE SALE OR LEASE PRICE WHICH EXCEEDS SIX THOUSAND DOLLARS.
A. Section 12-35-516 of the 1976 Code is amended to read:
"Section 12-35-516. In case of the sale or lease of any (1) aircraft, (2) motor vehicle, (3) motorcycle, (4) boat, ( 5) trailer or semitrailer pulled by a truck tractor as each is defined in Section 56-3-20 but not including house trailers or campers as defined in Section 56-3-710 (6) recreational vehicle including, but not limited to, tent campers, travel trailers, park models, park trailers, motor homes, and fifth wheels or (7) self propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horsepower, the maximum tax levied by this chapter is three hundred dollars, except as provided below, with respect to each (1) aircraft, (2) motor vehicle, (3) motorcycle, (4) boat, (5) trailer or semitrailer pulled by a truck tractor as each is defined in Section 56-3-20 but not including house trailers or campers as defined in Section 56-3-710 or (6) recreational vehicle including, but not limited to, tent campers, travel trailers, park models, park trailers, motor homes, and fifth wheels or (7) self propelled light construction equipment with compatible attachments limited to a maximum of 160 net engine horsepower. In the case of a lease, the total tax rate required by law shall apply on each payment until the aggregate tax paid equals three hundred dollars, except as provided below. Nothing in this section prohibits a lessee from paying the total tax due at the time of execution of the lease or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be for a period in excess of ninety days.
Whenever the sale or lease price exceeds six thousand dollars, the applicable maximum tax levied is three hundred dollars plus one percent of the amount of the sale or lease price which exceeds six thousand dollars."
B. The provisions of this section are effective for all sales or leases entered into after June 30, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HENDRICKS explained the amendment.
Rep. T.M. BURRISS spoke against the amendment.
The SPEAKER granted Rep. WINSTEAD a temporary leave of absence.
Rep. T.M. BURRISS moved to table the amendment.
Rep. HENDRICKS 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 Beasley Blackwell Blanding Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Davenport Day Elliott Evatt Fair Felder Ferguson Foster Foxworth Gentry Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Holt Johnson, J.W. Kay Kirsh Koon Lewis Limehouse Lockemy Mappus McAbee McBride McCain McEachin McKay McLeod, J.W. Moss Neilson Nettles Ogburn Rhoad Rogers, J. Sharpe Short Snow Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilder Wilkins
Total--75
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Bailey, K. Bennett Gilbert Hendricks Huff Johnson, J.C. Keyserling Martin, L. Mattos McElveen McGinnis McLellan McLeod, E.B. Nesbitt Phillips, L. Rice Rogers, T. Rudnick Sheheen Taylor Toal Whipper White Williams
So, the amendment was tabled.
Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on Amendment No. 59, which was agreed to.
The amendment was then adopted.
Rep. FERGUSON moved to reconsider the vote whereby debate was adjourned on Amendment No. 260, which was agreed to.
Rep. FERGUSON moved to table the amendment, which was agreed to.
Rep. LEWIS moved to reconsider the vote whereby debate was adjourned on Amendment No. 261, which was agreed to.
Rep. LEWIS moved to table the amendment, which was agreed to.
Debate was resumed on Section 2.
Debate was resumed on Amendment No. 178, which was proposed on March 19, 1987, by Rep. SNOW.
Rep. SNOW moved to adjourn debate upon the amendment, which was adopted.
Reps. SNOW, PEARCE, G. BAILEY, G. BROWN, RHOAD, GORDON and R. BROWN proposed the following Amendment No. 179 (Doc. No. 2994Y), which was rejected.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-013, by striking SECTION 2 in its entirety and inserting:
TO LEVY A SPECIAL EXCISE TAX OF TWENTY-FIVE CENTS ON THE SALE OR RENTAL OF VIDEO CASSETTES ALLOWING THE SELLER TO RETAIN FIVE CENTS FOR THE COST OF ADMINISTRATION AND REQUIRING THE DEPOSIT OF THE REMAINDER OF THE TAX TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
(A) There is imposed a special excise tax of twenty-five cents on the sale or rental of video cassettes by businesses possessing a retail license as provided in Chapter 35 of Title 12 of the 1976 Code. The license holder may retain five cents of the tax for the cost of administration. The remainder of the tax must be deposited to the credit of the general fund of the State. This tax must be reported, paid, and collected in the manner provided in Chapter 35 of Title 12 for the reporting, payment, and collection of sales taxes. The Tax Commission shall prescribe appropriate forms and procedures for collection of the tax.
Debate was resumed on Section 2.
Debate was resumed on Amendment No. 178, which was proposed on March 19, 1987, by Rep. SNOW.
Rep. SNOW moved to adjourn debate upon the amendment, which was adopted.
Reps. SNOW, PEARCE, G. BAILEY, G. BROWN, RHOAD, GORDON and R. BROWN proposed the following Amendment No. 179 (Doc. No. 2994Y ), which was rejected.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-013, by striking SECTION 2 in its entirety and inserting:
TO LEVY A SPECIAL EXCISE TAX OF TWENTY-FIVE CENTS ON THE SALE OR RENTAL OF VIDEO CASSETTES ALLOWING THE SELLER TO RETAIN FIVE CENTS FOR THE COST OF ADMINISTRATION AND REQUIRING THE DEPOSIT OF THE REMAINDER OF THE TAX TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
(A) There is imposed a special excise tax of twenty-five cents on the sale or rental of video cassettes by businesses possessing a retail license as provided in Chapter 35 of Title 12 of the 1976 Code. The license holder may retain five cents of the tax for the cost of administration. The remainder of the tax must be deposited to the credit of the general fund of the State. This tax must be reported, paid, and collected in the manner provided in Chapter 35 of Title 12 for the reporting, payment, and collection of sales taxes. The Tax Commission shall prescribe appropriate forms and procedures for collection of the tax.
(B) This section is effective for sales or rentals of video cassettes after June 30, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SNOW explained the amendment. Rep. McLELLAN spoke in favor of the amendment. Rep. AYDLETTE spoke against the amendment.
Rep. J. BRADLEY moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Aydlette Baker Baxley Blackwell Bradley, J. Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Davenport Derrick Evatt Faber Fair Felder Ferguson Foxworth Harvin Haskins Hayes Johnson, J.C. Johnson, J.W. Keyserling Klapman Koon Lewis Limehouse Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen Moss Nesbitt Ogburn Sharpe Short Simpson Sturkie Wells Whipper White Winstead
Those who voted in the negative are:
Alexander, M.O. Arthur Bailey, G. Bailey, K. Barfield Beasley Bennett Blanding Boan Brown, G. Brown, R. Burriss, T.M. Dangerfield Elliott Foster Gentry Gilbert Gregory Harris, J. Harris, P. Hawkins Hearn Hendricks Hodges Holt Kay Kirsh Lockemy Mattos McAbee McGinnis McKay McLellan McLeod, J.W. McTeer Neilson Nettles Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Snow Taylor Thrailkill Toal Townsend Tucker Washington Wilder Williams
So, the House refused to table the amendment.
Rep. J. BRADLEY spoke against the amendment.
The SPEAKER granted Rep. WASHINGTON a leave of absence for the remainder of the day.
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:
Barfield Beasley Boan Brown, R. Burriss, T.M. Dangerfield Elliott Gilbert Harris, J. Hodges Holt McLellan McLeod, J.W. McTeer Neilson Pearce Phillips, L. Rogers, J. Rudnick Sheheen Snow Thrailkill Toal Wilder Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baker Baxley Bennett Blackwell Blanding Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, J.H. Carnell Chamblee Clyborne Cooper Cork Corning Davenport Day Derrick Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gregory Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLeod, E.B. Moss Nesbitt Ogburn Rhoad Rice Sharpe Short Simpson Sturkie Taylor Townsend Tucker Waldrop Wells Whipper White Wilkins Winstead
So, the amendment was rejected.
Rep. McEACHIN raised the Point of Order that under Rule 8.5, Rep. NESBITT's motion to reconsider the vote whereby Section 7 was adopted should now be up for consideration.
The SPEAKER stated that he had not taken Rep. NESBITT's motion, as Rep. McLELLAN had previously noted the same motion to reconsider in the Journal.
Rep. McEACHIN then raised the Point of Order that Rep. McLELLAN's motion to reconsider should now be up for consideration.
The SPEAKER stated that Section 7 was not open for consideration, therefore he overruled the Point of Order.
Reps. R. BROWN, J.W. McLEOD, BEASLEY, NETTLES, G. BAILEY, NEILSON, RHOAD, McEACHIN, GILBERT and BAXLEY proposed the following Amendment No. 152 (Doc. No. 3100Y), which was adopted.
Amend the bill, as and if amended, Part II, by deleting Section 2.
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. BROWN explained the amendment.
Rep. AYDLETTE 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. Aydlette Bradley, J. Carnell Cork Dangerfield Fair Felder Gentry Harris, J. Harris, P. Haskins Helmly Hodges Holt Huff Jones Keyserling Lewis Mappus Mattos McAbee McLellan McTeer Nesbitt Phillips, L. Rice Rudnick Sheheen Toal Wells Whipper White Winstead
Those who voted in the negative are:
Alexander, T.C. Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Davenport Day Elliott Evatt Faber Ferguson Foster Foxworth Gilbert Gregory Harvin Hawkins Hayes Hearn Hendricks Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nettles Ogburn Pearce Rhoad Rogers, J. Short Simpson Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wilder Wilkins Williams
So, the House refused to table the amendment.
Rep. R. BROWN spoke in favor of the amendment.
The SPEAKER granted Rep. LIMEHOUSE a temporary leave of absence.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 69 to 27.
Reps. McLELLAN, LEWIS, BOAN and HUFF made statements relative to the General Appropriations Bill.
Rep. SNOW moved to reconsider the vote whereby debate was adjourned on Amendment No. 178.
The SPEAKER ruled Amendment No. 178 out of order as it related to Section 2 of Part II, which had been deleted by the adoption of Amendment No, 152.
Reps. CARNELL and CORK.:proposed the following Amendment No. 289 (Doc. No. 3275Y), which was adopted.
Amend the bill, as and if amended, in Part II, by adding a new section to be appropriately numbered which shall read:
TO AMEND SECTION 56-3-3710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSE PLATES BEARING THE SYMBOL OF A COLLEGE OR UNIVERSITY OF THIS STATE, SO AS TO FURTHER PROVIDE FOR THE TYPES OF VEHICLES WHICH QUALIFY FOR THESE PLATES, AND TO REVISE THE FEES FOR THESE PLATES AND THE REQUIRED DATES OF REVALIDATION.
The Department of Highways and Public Transportation may issue special motor vehicle license plates to owners of private passenger carrying motor vehicles or light pick-ups having an empty weight of 5,000 pounds or less and a gross weight of 8,000 pounds or less registered in their names which may have imprinted on the plate any emblem, seal, or other symbol the department considers appropriate of a college or university located in this state. The fee for this special license plate is fifteen dollars each year which is in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title. This special license plate must be of the same size and general design of regular motor vehicle license plates. The plates must be issued or revalidated for an annual period which expires twelve months from the month they are issued./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Reps. CARNELL, LEWIS and McABEE proposed the following Amendment No. 293 (Doc. No. 3242Y), which was tabled.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding a new section at the end appropriately numbered to read:
TO AMEND SECTION 12-35-550, AS AMENDED, OF THE 1976 CODE, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO INCLUDE WITHIN THE EXEMPTION NEWSPAPERS PUBLISHED THREE TIMES A WEEK OR LESS AND TO PROVIDE A SEVERABILITY CLAUSE.
A. Section 12-35-550(7) of the 1976 Code is amended to read:
"(7) The gross proceeds of the sale of newsprint paper, newspapers published three times a week or less, and religious publications, including the Holy Bible. The Market Bulletin, as published by the Department of Agriculture is classified as a newspaper published three times a week or less under this item."
B. If any portion of this section is declared unconstitutional by a court of competent jurisdiction it must be severed from the remainder of this section.
C. The provisions of this section are effective for sales after June 30, 1987./
Renumber sections to conform.
Amend title and totals to conform.
Rep. McABEE explained the amendment.
Rep. T. ROGERS spoke in favor of the amendment.
Rep. LOCKEMY raised the Point of Order that Amendment No. 293 was out of order as it was identical to an amendment previously disposed of.
Rep. McABEE argued that the amendment had been substantially changed, therefore it was in order.
The SPEAKER stated substantial change had been made, and he overruled the Point of Order.
Rep. T. ROGERS continued speaking.
Reps. McCAIN, McEACHIN and WILKINS spoke against the amendment.
Reps. LOCKEMY and LIMEHOUSE spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. WILKINS 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 Beasley Bennett Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Derrick Elliott Fair Felder Ferguson Foster Foxworth Gentry Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Koon Limehouse Lockemy Martin, D. Martin, L. McCain McEachin McElveen McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Ogburn Rhoad Rogers, J. Sharpe Sheheen Short Simpson Sturkie Thrailkill Waldrop Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Bailey, K. Bradley, J. Brown, J. Carnell Davenport Faber Gilbert Gregory Harris, P. Keyserling Lewis Mattos McAbee McBride Phillips, L. Rice Rogers, T. Rudnick Snow Taylor Toal Tucker Williams
So, the amendment was tabled.
Reps. GILBERT and HEARN proposed the following Amendment No. 296 (Doc. No. 3280Y), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO IMPOSE A BUSINESS LICENSE TAX ON WHOLESALERS AND DISTRIBUTORS OF COSMETICS IN THE AMOUNT OF TWO PERCENT OF THE WHOLESALE PRICE.
A. Every person doing domestic or interstate business within this State and engaged in the business of selling, manufacturing, purchasing, consigning, using, shipping, or distributing cosmetics for the purpose of sale within this State is subject to the payment of a license tax for the privilege of carrying on the business measured and graduated in accordance with the sales of the person within the State in an amount equal to two percent of the wholesale price.
B. For purposes of this section, cosmetics include all products and substances designed to enhance appearance, but do not include products used to promote hygiene.
C. The tax imposed by this section must be paid by the distributor or wholesale vendor selling the cosmetics to the retailer.
D. Distributors and wholesale vendors, both resident and nonresident, must pay the license tax on these products on a monthly report basis instead of affixing tax stamps on the packages in accordance with 'the following procedure:
(1) proper report must be filed with the South Carolina Tax Commission by the twentieth day of each month together with remittance covering the tax due for the preceding month;
(2) sales invoices of distributors and wholesale vendors must show the amount of the tax on the cosmetics sold;
(3) proper records of purchases and sales of cosmetics by distributors and wholesale vendors must be kept separate and distinct and be ready for inspection or audit at any time by the Commission or its authorized agent;
(4) proper surety bond must be posted, when and if required by the Commission, to adequately protect the State in the collection of the license tax.
E. The Commission is authorized to promulgate regulations necessary to impose the provisions of this section including regulations that further define cosmetics subJect to the license tax imposed in this section.
F. The provisions of this section take effect July 1, 1987. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. GILBERT explained the amendment.
Rep. G. BROWN spoke against the amendment and moved to table the amendment.
Rep. GILBERT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 73 to 11.
Reps. TOAL and KIRSH proposed the following Amendment No. 297, which was adopted.
Amend as and if amended. Part II, Permanent Provisions, by adding a new Section to provide:
All revenue estimates which are utilized in each line of Section 128 of Part I of the 1987-88 General Appropriations and revenue estimates which are utilized in the estimate of each line of General, School, Highway, Education Improvement Act revenues or any other revenues in future General Appropriation Acts shall be established on or before the rendering of the Comptroller General's Certificate required by House Rule 5.3 or any similar House Rule and no General Appropriations Act shall be adopted by the General Assembly which utilizes a revenue estimate for any revenues appropriated in such act which estimate is higher than the estimate utilized at the time of the rendering of the Comptroller's Certificate at second and third reading by the House of Representatives.
Amend title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Rep. J. BRADLEY proposed the following Amendment No. 298 (Doc. No. 3292Y), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21 -620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO AND TOBACCO PRODUCTS SO AS TO INCREASE THE TAX ON CIGARETTES.
A. Item (5) of Section 12-21-620 of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, six mills on each cigarette;"
B. This section takes effect July 1, 1987. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BRADLEY explained the amendment.
Reps. RHOAD and THRAILKILL spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. DAY a leave of absence for the remainder of the day.
Rep. M. O. ALEXANDER spoke in favor of the amendment.
Rep. McEACHIN 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, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.N. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Elliott Evatt Faber Ferguson Foster Foxworth Gilbert Gregory Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Short Simpson Snow Taylor Thrailkill Townsend Tucker Waldrop Wells Wilder
Those who voted in the negative are:
Arthur Aydlette Bradley, J. Carnell Cork Fair Felder Gentry Harris, P. Hendricks Huff Jones Keyserling Kohn Lewis Mappus McAbee McTeer Rogers, T. Rudnick Sheheen Sturkie Toal Whipper White Williams
So, the amendment was tabled.
Rep. J. BRADLEY proposed the following Amendment No. 300 (Doc. No. 3292Y), which was rejected.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO AND TOBACCO PRODUCTS SO AS TO INCREASE THE TAX ON CIGARETTES.
A. Item (5) of Section 12-21-620 of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, 5.75 mills on each cigarette;"
B. This section takes effect July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SNOW moved to table the amendment which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bradley, J. Carnell Cork Fair Felder Harris, P. Huff Jones Keyserling Klapman Kohn Lewis McAbee Rogers, T. Rudnick Toal Whipper White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.R. Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Ferguson Foxworth Gentry Gilbert Gregory Harris, J. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Sheheen Short Simpson Snow Taylor Thrailkill Townsend Tucker Waldrop Wells Wilder Williams
So, the amendment was rejected.
Rep. LEWIS proposed the following Amendment No. 309 (Doc. No. 3296Y), which was adopted.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
TO PROHIBIT ANY STATE AGENCY FROM INCREASING ANY FEE UNLESS APPROVED BY THE GENERAL ASSEMBLY AND PROVIDE A REDUCTION IN ITS APPROPRIATION IF IT INCREASES A FEE.
Beginning fiscal year 1987-88 no state agency may increase any fee without approval of the General Assembly. Any fee increase must be approved by a Joint Resolution in which the amount of the fee increase is stated. Any agency violating the provisions of this section must have its appropriation reduced by the Budget and Control Board on a dollar-for-dollar basis realized from the fee increase. The provisions of this section do not apply to Institutions of Higher Learning or Technical Education Institutions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEWIS was recognized.
Rep. TOAL raised the Point of Order that Amendment No. 309 was out of order as it was not germane to the Bill under Rule 5.3 in that it dealt with fees which did not relate to the 1987-88 Fiscal Year.
Rep. LEWIS argued that the amendment related to line items in Part I, and fees or reductions in appropriations for the 1987-88 Fiscal Year.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. LEWIS explained the amendment.
Rep. RUDNICK then raised the Point of Order that the amendment was identical to one ruled out of order the previous day.
The SPEAKER Pro Tempore stated the amendment was substantially different, and he overruled the Point of Order.
Rep. TOAL spoke against the amendment.
Rep. LEWIS spoke in favor of the amendment.
Rep. TOAL moved to table the amendment.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, K. Bennett Blackwell Blanding Burriss, J.H. Cork Evatt Foster Gentry Harris, P. Hayes Hodges Kay Keyserling Kirsh Mattos McGinnis McLeod, E.B. Nesbitt Phillips, L. Rice Rogers, T. Rudnick Simpson Toal Tucker Waldrop White
Those who voted in the negative are:
Alexander, T.C. Arthur Baker Barfield Baxley Beasley Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Carnell Chamblee Clyborne Cooper Dangerfield Davenport Derrick Elliott Faber Felder Ferguson Foxworth Gregory Harris, J. Harvin Haskins Hearn Helmly Hendricks Holt Johnson, J.C. Johnson, J.W. Klapman Kohn Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McAbee McBride McCain McEachin McKay McLeod, J.W. McTeer Moss Neilson Rogers, J. Sharpe Short Taylor Thrailkill Whipper Wilder Williams
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Aydlette Baker Barfield Baxley Beasley Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, M.D. Carnell Chamblee Clyborne Dangerfield Davenport Derrick Elliott Faber Fair Felder Ferguson Foxworth Gentry Gilbert Gregory Harvin Hearn Helmly Holt Johnson, J.W. Keyserling Koon Lewis Limehouse Martin, D. Martin, L. McAbee McBride McCain McEachin McElveen McLeod, J.W. McTeer Moss Neilson Nettles Ogburn Pearce Rhoad Rogers, J. Sharpe Short Taylor Thrailkill Waldrop Whipper Wilder Williams
Those who voted in the negative are:
Alexander, M.O. Bailey, K. Blackwell Blanding Burriss, J.H. Cooper Cork Corning Evatt Foster Harris, P. Haskins Hawkins Hayes Hendricks Hodges Kirsh Lockemy Mattos McGinnis McLellan McLeod, E.B. Nesbitt Phillips, L. Rice Rogers, T. Rudnick Simpson Toal Townsend Tucker White Winstead
So, the amendment was adopted.
Rep. AYDLETTE proposed the following Amendment No. 314, which was rejected.
Amend as and if amended. Part II by creating a new section at the end:
____________"There is hereby created a new tax on billiards in the State of South Carolina. The amount of the tax shall be $200.00 per sign facing and their amount shall be placed in the Building Fund for schools under the EFA."
Rep. AYDLETTE explained the amendment.
Rep. BLACKWELL moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Aydlette Bradley, P. Cork Foxworth Gregory Holt Keyserling McGinnis White Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corning Dangerfield Davenport Derrick Elliott Evatt Fair Felder Ferguson Foster Gentry Gilbert Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Koon Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Pearce Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Short Simpson Snow Taylor Thrailkill Toal Townsend Tucker Waldrop Wells Wilder
So, the amendment was rejected.
Rep. KEYSERLING proposed the following Amendment No. 304 (Doc. No. 3293Y), which was rejected.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO AND TOBACCO PRODUCTS SO AS TO INCREASE THE TAX ON CIGARETTES.
A. Item (5) of Section 12-21-620 of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, four mills on each cigarette;"
B. This section takes effect July 1, 1987./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. HUFF spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Reps. R. BROWN, BAKER and FELDER spoke against the amendment.
The SPEAKER Pro Tempore granted Rep. AYDLETTE a leave of absence for the remainder of the day.
Rep. SHEHEEN spoke in favor of the amendment.
Reps. McEACHIN and SNOW spoke against the amendment.
Rep. P. BRADLEY moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Rep. J.C. JOHNSON moved that the House do now adjourn.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Faber Johnson, J.C. Whipper Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Brown, N. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork. Corning Dangerfield Davenport Derrick Evatt Fair Felder Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Wells White Wilder Wilkins Winstead
So, the House refused to adjourn.
Rep. KOON spoke against the amendment.
Rep. R. BROWN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Boan Bradley, J. Bradley, P. Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Clyborne Derrick Felder Foxworth Gilbert Gregory Harvin Hawkins Hayes Hearn Johnson, J.W. Kay Kirsh Koon Lewis Limehouse Lockemy McCain McEachin McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nettles Ogburn Pearce Rhoad Rogers, J. Short Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Brown, H. Brown, J. Burriss, T.M. Chamblee Cooper Cork Corning Dangerfield Davenport Evatt Faber Fair Foster Gentry Harris, J. Harris, P. Haskins Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Keyserling Klapman Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McTeer Nesbitt Phillips, L. Rice Rogers, T. Rudnick Sharpe Sheheen Simpson Toal Wells Whipper White Wilder Wilkins Winstead
So, the House refused to table the amendment.
Reps. R. BROWN and HARVIN spoke against the amendment.
Rep. KLAPMAN spoke upon the amendment.
Rep. SIMPSON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. McEACHIN 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 Brown, H. Brown, J. Burriss, T.M. Cooper Cork Dangerfield Evatt Fair Foster Gentry Harris, J. Harris, P. Haskins Helmly Hendricks Hodges Holt Huff Johnson, J.C. Jones Keyserling Klapman Lewis Martin, D. Martin, L. Mattos McAbee McBride McElveen McGinnis McLellan McTeer Nesbitt Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sheheen Simpson Toal Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Boan Bradley, J. Bradley, P. Brown, G. Brown, R. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Corning Davenport Derrick Elliott Faber Felder Ferguson Foxworth Gilbert Gregory Harvin Hawkins Hayes Hearn Johnson, J.W. Kay Kirsh Koon Limehouse Lockemy McCain McEachin McKay McLeod, E.B. McLeod, J.W. Moss Neilson Nettles Ogburn Pearce Rhoad Sharpe Short Snow Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Williams
So, the amendment was then rejected.
Rep. FELDER moved that when the House adjourns it adjourn to meet at 2:00 P.M. on Monday.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Arthur Baxley Bradley, J. Brown, G. Brown, R. Carnell Chamblee Cooper Cork Elliott Faber Fair Felder Foxworth Gilbert Gregory Harvin Hawkins Hendricks Holt Johnson, J.C. Koon Lewis McAbee McElveen McGinnis McLeod, J.W. Moss Neilson Nesbitt Ogburn Rhoad Rice Rogers, J. Rudnick Sheheen Simpson Snow Waldrop Whipper White Wilkins Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, K. Baker Barfield Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Corning Dangerfield Davenport Derrick Evatt Ferguson Foster Gentry Harris, J. Harris, P. Haskins Hayes Hearn Helmly Hodges Huff Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McKay McLellan McLeod, E.B. McTeer Nettles Pearce Phillips, L. Rogers, T. Sharpe Short Sturkie Taylor Thrailkill Toal Townsend Tucker Wilder Winstead
So, the motion was not agreed to.
Debate was resumed on Amendment No. 132, which was proposed on Thursday, March 19, by Reps. McEACHIN, et. al.
Rep. LIMEHOUSE spoke against the amendment.
Rep. LIMEHOUSE moved to adjourn debate upon Part II and take up Part I.
Rep. McEACHIN moved to table the motion which was agreed to by a division vote of 67 to 15.
Rep. McEACHIN spoke in favor of the amendment.
The SPEAKER granted Rep. TOAL a temporary leave of absence.
Rep. McEACHIN continued speaking.
Rep. J.W. JOHNSON spoke in favor of the amendment.
Rep. WINSTEAD spoke against the amendment.
Reps. STURKIE and McEACHIN spoke in favor of the amendment.
Rep. CARNELL moved to table the amendment.
Rep. J.W. JOHNSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Carnell Chamblee Cooper Dangerfield Elliott Evatt Faber Felder Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Hawkins Helmly Holt Johnson, J.C. Jones Keyserling Kirsh Klapman Limehouse Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod, E.B. McTeer Nesbitt Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Short Toal Tucker Whipper White Wilder Williams Winstead
Those who voted in the negative are:
Bailey, G. Baker Barfield Baxley Bradley, J. Bradley, P. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Davenport Derrick Fair Foxworth Harvin Haskins Hayes Hearn Hendricks Hodges Huff Johnson, J.W. Koon Lewis Lockemy Martin, L. McCain McEachin McElveen McKay McLeod, J.W. Moss Neilson Nettles Ogburn Sharpe Simpson Sturkie Taylor Thrailkill Townsend Wells Wilkins
So, the amendment was tabled.
Rep. FAIR moved that when the House adjourns it adjourn to meet at 1:00 P.M. Monday, which was not agreed to by a division vote of 20 to 82.
Rep. SIMPSON moved that when the House adjourns it adjourn to meet at 12:00 Noon Tuesday, which was not agreed to by a division vote of 33 to 67.
Reps. HAWKINS, KLAPMAN, MATTOS, WINSTEAD, J. ROGERS, BEASLEY, BAKER, GREGORY, P. BRADLEY, SHORT, SHEHEEN, P. HARRIS, CHAMBLEE, TAYLOR, FABER, J.W. McLEOD, J. BRADLEY, NETTLES, HUFF, ELLIOTT, HELMLY, WILLIAMS, EVATT, RHOAD, HODGES, TOAL, CORK and McLELLAN proposed the following Amendment No. 322 (Doc. No. 3304Y), which was adopted.
Amend the bill, as and if amended, Part II, by adding the following new section appropriately numbered:
TO AMEND SECTION 38-5-1250 OF THE 1976 CODE, RELATING TO THE TAX LEVY ON FIRE INSURANCE COMPANIES FOR THE PURPOSE OF CERTAIN INSPECTIONS AND INVESTIGATIONS BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO INCREASE THIS TAX.
Section 38-5-1250 of the 1976 Code is amended to read:
"Section 38-5-1250. Any expenses, including expenses of counsel, detectives and officers, incurred by the Commissioner or any deputy in the performance of the duties imposed upon him in the inspection of buildings and premises and the investigation of charges of discrimination in rates must be defrayed by the fire insurance companies doing business in this State, and a tax of one per cent on the gross premium receipts less premiums returned on canceled policy contracts and less dividends and returns of unabsorbed premium deposits of all fire insurance companies is levied for this purpose, to be collected by the Commissioner as other taxes on fire insurance companies are collected. The Commissioner shall keep a separate account of all moneys received and disbursed under the provisions of this section and shall include such account in his annual report."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
The amendment was then adopted by a division vote of 66 to 24.
Rep. TOAL moved to take up Part I Sections which have been pending amendments, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 4 was adopted was taken up.
Rep. HEARN spoke in favor of the motion to reconsider.
Reps. WILKINS and LEWIS spoke against the motion to reconsider.
Rep. WILKINS moved to table the motion.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The motion to table the motion to reconsider was agreed to by a division vote of 61 to 19.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 8 was adopted was taken up.
Rep. T. ROGERS spoke in favor of the motion to reconsider.
Rep. BAKER raised the Point of Order that Amendment No. 248 was out of order as it was not germane to the Bill under Rule 5.3.
Rep. L. MARTIN raised the Point of Order that the Point was not timely as the motion to reconsider the vote whereby Section 8 was adopted was the question before the House, not the amendment.
The SPEAKER sustained Rep. L. MARTIN's Point of Order, and stated Rep. BAKER's Point of Order would not be in order unless the amendment was up for consideration.
Rep. L. MARTIN moved to table the motion to reconsider, which was agreed to by a division vote of 52 to 32.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 13 was adopted was taken up.
Rep. KIRSH spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Reps. McGINNIS, HAYES, FELDER, McABEE, LOCKEMY and KIRSH proposed the following Amendment No. 274, which was adopted.
Amend as and if amended. Part I, Section 13, AdJutant General, page 13-001, line 18, by inserting in Column (7): $/512,581/ and in Column (8): $/502,581/.
Amend title and totals to conform.
The question then recurred to the adoption of the amendment.
Rep. CORNING demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 74 to 0.
Section 13 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 16L was adopted was taken up.
Rep. McLELLAN moved to adjourn debate upon the motion to reconsider, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 16 Provisos was adopted was taken up.
Rep. MOSS spoke in favor of the motion to reconsider.
Rep. WINSTEAD moved to adjourn debate upon the motion to reconsider Section 16 Provisos, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. J. BRADLEY spoke in favor of the motion to reconsider.
Rep. HOLT moved to table the motion to reconsider, which was agreed to by a division vote of 44 to 36.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 27D was adopted was taken up.
Rep. HOLT spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Reps. HOLT, J. BRADLEY and FOXWORTH proposed the following Amendment No. 212, which was adopted.
Amend as and if amended. Part I, Section 27D, Charleston Higher Education Consortium, page 27-021, line 06, by inserting in Columns (7) and (8): $/67,622/.
Amend title and totals to conform.
Rep. J. BRADLEY moved to table the Section, which was not agreed to.
Rep. J. BRADLEY moved to adjourn debate upon the Section, which was rejected.
The question then recurred to the adoption of the Section, which was agreed to.
Section 27D as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 30 was adopted was taken up.
Rep. LOCKEMY spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Rep. LOCKEMY proposed the following Amendment No. 108, which was adopted.
Amend the Bill, as and if amended, Part I, Section 30, page 30-002, by striking line 04.
Amend further page 30-005, line 11, by inserting in columns (7) and (8): $/ 12,988,787/.
Amend titles and totals to conform.
Rep. TOWNSEND proposed the following Amendment No. 114, which was adopted.
Amend the Bill, as and if amended. Part I, Section 30, State Department of Education, page 30-008, by striking lines 24, 25 and 26.
Amend further, page 30-010, by striking lines 22, 23, 24, 25, 26, and 27.
Amend further, page 30-013, by striking lines 18, 19, 20, and 21.
Amend further, page 30-015, by striking lines 27, 28, and 29.
Amend further, page 30-008, by inserting after line 18 the following:
B. Aid to Sch. Distr-Hazardous Transportation
Amend further, page 30-008, by inserting after line 18 in column (7): $/130,000/.
Amend further, page 30-020, line 03, by inserting in column (7): $/516,894/.
Amend title and totals to conform.
Rep. TOWNSEND explained the amendment.
Rep. LEWIS spoke against the amendment.
Reps. TOWNSEND and FABER spoke in favor of the amendment.
Rep. LEWIS moved to table the amendment, which was not agreed to by a division vote of 34 to 44.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. TOWNSEND, HUFF, TUCKER and KAY proposed the following Amendment No. 199.
Amend the bill, as and if amended, Part I, Section 30, State Education Department, page 30-011, line 6, by inserting in column (7): /100,521,369/.
Amend further, page 30-016, line 29, by inserting in column (7): /12,000,000/.
Amend title and totals to conform.
Rep. TOAL moved to adjourn debate upon the amendment, which was adopted.
Reps. LIMEHOUSE, McLELLAN, KAY, HUFF, LEWIS and BOAN proposed the following Amendment No. 207.
Amend the bill, as and if amended, Part I, Section 30, State Education Department, page 30-011, insert on line 06, opposite /SALARIES/ in column (7): / 105,724, 593/.
Amend further, page 30-016, insert on line 29, opposite /AND RENOVATION/ in column (7): /6, 796,776/.
Amend totals and title to conform.
Rep. LIMEHOUSE moved to adjourn debate upon the amendment, which was adopted.
Reps. TOWNSEND, HUFF, TUCKER and KAY proposed the following Amendment No. 217.
Amend the Bill, as and if amended, Part I, Section 30, State Education Department, page 30-011, line 06, by inserting in column (7): 99,223,329/.
Amend further on page 30-016, line 29, by inserting in column (7): / 13,298,040/.
Amend totals and title to conform.
Rep. TOAL moved to adjourn debate upon the amendment, which was adopted.
Reps. NEILSON, DAVENPORT, McELVEEN, E.B. McLEOD, McCAIN, MOSS, O. PHILLIPS, McBRIDE, GILBERT and LOCKEMY proposed the following Amendment No. 225.
Amend the bill, as and if amended, Part I, Section 30, State Education Department, page 30-016, line 29, by inserting in column (7): 2,898,040/.
Amend further, page 30-008, line 11, by inserting in column (7): /2,400,000/.
Amend title and totals to conform.
Rep. NEILSON moved to adjourn debate upon the amendment, which was adopted.
Reps. NEILSON and DAVENPORT proposed the following Amendment No. 232.
Amend the Pill, as and if amended, Part I, Section 30, State Education Department, page 30-016, line 29, by inserting in column (7): $/6,396,776/.
Amend further, page 30-008, line 11, by inserting in column ( 7): $/2,400,000/.
Amend totals and title to conform.
Rep. NEILSON moved to adjourn debate upon the amendment and the Section, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 30.20 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 312, which was adopted.
Amend the bill, as and if amended, Part I, Section 30, State Education Department, page 30-022, proviso 30.20, right column, line 36, by inserting "from the General Fund and authorized from the Education Improvement Fund" after "the amount appropriated".
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. LEWIS spoke against the amendment and moved to table the amendment.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Baker Bradley, J. Brown, G. Felder Gilbert Huff Johnson, J.C. Johnson, J.W. Jones Lewis McCain McEachin McGinnis Neilson Rogers, T. Rudnick Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, P. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Chamblee Cooper Cork Corning Dangerfield Davenport Derrick Elliott Evatt Faber Fair Ferguson Foster Foxworth Gentry Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Keyserling Kirsh Klapman Koon Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McElveen McKay McLellan McLeod, E.B. McTeer Moss Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Sharpe Sheheen Short Simpson Sturkie Thrailkill Toal Townsend Tucker Waldrop Whipper Wilder Wilkins 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 30.20 as amended was adopted.
Rep. LEWIS requested that the Bill be read.
Rep. ARTHUR moved that the House recede for ten minutes, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being Rep. LEWIS's request that the Bill be read.
At 6:50 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
Rep. PEARCE moved that the House recede for ten minutes, which was adopted.
At 7:05 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 2590.--(The Appropriations Bill)
Rep. TOAL: "Mr. SPEAKER, I would like to contend to you that that reading would not require a verbal reading, and I would like, in that connection, to point you to a couple of cases, and then to the posture in which we find ourselves. As you know, Mr. SPEAKER, our rules deal with first and third readings, as the Constitution allows, and then the Constitution itself deals with second reading, Article III, Section 18, which says that no Bill or Joint Resolution shall have the effect of law until it shall have been read three times on the three several days of the House, and so forth, provided, that either branch of the General Assembly may provide by rule for first and third reading by title only. We, of course, are in the second reading, where something else must occur. I would advance the proposition to you, Mr. SPEAKER, that that something has occurred with the printing of this Bill, and that the ultimate act of reading will occur, of course, when we adopt this matter upon second reading. I'd cite you the two cases that are cited for the definition of the reading which is contemplated under this section of the Constitution are Santee Mills vs. Query and Gephart vs. McGinty. The Santee Mills case, I think, is the one that speaks most specifically to it, and I'd direct your attention to page 165 of the opinion in the South Carolina Reports at 122 South Carolina 158, and then at 165. Mr. SPEAKER, both of these cases involve not anywhere a discussion of verbal, out of your mouth, reading, but rather, in each case, the controversy involved the adoption by the General Assembly of an Act which sought by reference to incorporate other material. In the case of the Santee Mills case, it was an incorporation by reference of certain material from Federal legislation, and the query was whether or not that ipissimus verbis made it a line by line reading. That had to do with how the Bill was actually written and printed. Mr. SPEAKER, it also developed at that time that Rules 39 of the Senate and 47 of the House of Representatives provided differently than they do now with respect to other discussions of reading. But I would argue to you that both that case and Gephart vs. McGinty, which was a constitutional amendment, then its ratification and the question as to how far one had to go by way of what was printed in the document as opposed to what was incorporated by reference in order to constitute that line by line setting forth of the act passed by the General Assembly so as to accommodate the requirements of second reading. I would argue to you that what is contemplated in the three readings is the first by title, and as you know, sometimes you can read one that doesn't have anything in it, and then that second reading is the dispositive reading where whatever the text is has got to be set forth in the document, and then the third reading is simply a title reading of whatever happened on second reading. For example, if on second reading, you decided not to put any text in, there just wouldn't be any text there, and that would constitute the second reading document, simply the title. In this instance, we have elected to put in a good deal of material. This Bill began its life as a skeleton; it's now been fleshed out with a printed document that runs to several thousand pages. And I would advance the argument to you that we have complied with the reading portion in part. There's one more thing we'll need to do to accomplish second reading, and that is to vote on this massive document at the conclusion of our section by section review."
Rep. LEWIS: "I realize that we have not adopted the precedents from the past, but I would cite you and Mrs. TOAL the record from May 8, 1984 in which Representative TOAL cited a precedent of April 26, 1984 and based thereon raised the Point of Order that to allow the motion to continue would defeat the purpose of having the Bill read in its entirety, that purpose being to have an intelligent understanding of its contents in order to make a decision with regard to its passage or defeat. I think the point there is that any reading other than reading it with the idea of having an intelligent understanding so as to determine with regard to its passage or defeat would be defeated by her suggestion."
SPEAKER SHEHEEN: "I'm ready to rule. I would sustain Mr. LEWIS' request to have the Bill read on second reading. I've read the Santee Mills case both tonight and once before. That was a case which referred to a Federal statute and the Federal statute was incorporated by reference. The court said, and I quote, 'The reading contemplated by Section 18, Article III, of the Constitution is the reading of the Bill as drafted.' In that case, I believe, the same point raised would have required the Bill could have been read as drafted and the reader would have had to read the reference to Federal statutes. The question was whether or not Federal statutes would have to have been read and the court declared not. I do, however, say that since the motion of this House is that this Bill is under consideration section by section, I only interpret Mr. LEWIS' request at this point to cover Section 30. The Reading Clerk will read Section 30."
Rep. FELDER: "Mr. SPEAKER, that, for precedental purposes, would apply to the Appropriation Bill. As I understand it, that would not apply to a small bill that you could read inclusively.
SPEAKER SHEHEEN: "The only reason I applied that ruling is because the House had, by motion, adopted the Appropriation Bill on a section by section basis. When Mr. LEWIS made his request, we were debating Section 30. If he makes a request at the next section, he will be entitled to have the next section read."
Rep. WINSTEAD: "Were we not at the time the motion was made, Mr. SPEAKER, referring to a section of Section 30?"
SPEAKER SHEHEEN: "It's not going to help you, even if we were. I have ruled that he is entitled to have Section 30 read."
Rep. TOAL: "Is it required that in the reading that you contemplate being done, Mr. SPEAKER, that Mr. Varn would be the only one allowed to read?"
SPEAKER SHEHEEN: "Certainly not, we will alternate the readers."
Rep. TOAL: "I'm asking, can others read as well?"
SPEAKER SHEHEEN: "You mean, can you read all at the same time? I do not think that is the reading that is contemplated by the Constitution as cited by you in 1984 for an intelligent understanding of the Bill."
Rep. DAVENPORT: "I feel that it is a dilatory motion and that the purpose is to obstruct the progress of this House."
SPEAKER SHEHEEN: "I understand that, and even though I might agree with you, Mr. DAVENPORT, it is a requirement of our Constitution and on the first day of this session, both you and I took an oath to uphold it, and I think it's clear that we've got to adhere to that."
Rep. L. MARTIN: "Mr. SPEAKER, I don't want to belabor the point, but at the timing I do want to raise the Point, based on a ruling that was made March 19, 1985. A point was raised to have the Bill read on second reading. Mrs. TOAL inquired of the chair about why it could be read. The SPEAKER Pro Tempore was presiding, and he cited, and believe the Clerk has a copy of that, stated the Article in the Constitution, stating the members had the right to have the Bill read. The point is that the Bill, or in this case, the Section, cannot be read or should not be read until all the amendments are disposed of, that you read the bill to the membership after the Bill has been amended and as drafted. As I stated at the beginning, my point is on the timing."
SPEAKER SHEHEEN: "Your point is that he is not entitled to request a reading until all of the amendments have been disposed of on this section? Factually, that ruling, Mr. MARTIN, said that since no amendments had been considered the Bill on second reading could be read."
Rep. P. BRADLEY: "If I interpret your ruling right, to have any other sections read, they have to be reopened."
SPEAKER SHEHEEN: "I'm not giving you any advisory opinions."
Rep. CARNELL: "Mr. SPEAKER, since this is the Ways and Means Committee Bill, would he be required to read columns one through four?"
SPEAKER SHEHEEN: "I will sustain Mr. CARNELL's point, the only figures that will have to be read will be those figures under columns five and six, the Ways and Means Committee Report."
Rep. LEWIS: "I contend that the entire column is part of the Bill."
SPEAKER SHEHEEN: "I've looked to see what is actually printed in Act form, and there is only one column which is the actual appropriation that's printed in Act form. The remaining figures are not; they are printed under Rule 5.4, I believe, as information for the House."
Rep. LEWIS: "I make the point, though, that the Bill on the desk is not the Act form; the Bill on the desk is the Bill which we have under consideration."
SPEAKER SHEHEEN: "Yes, sir, I understand that. But the Constitutional requirement only requires us to read that upon which we are actually voting. So I would sustain Mr. CARNELL's point, the Clerk is required to read the left-hand column and columns five and six."
Rep. LIMEHOUSE: "As I understand your previous ruling, provisos are being dealt with under this Bill as sections unto themselves. I am inquiring, were we not on a proviso, having left the money portion of the section, when the request was made by Mr. LEWIS? Therefore, all that would have to be read was the proviso."
SPEAKER SHEHEEN: "Well, we were, Mr. LIMEHOUSE, but that has been an informal rule adopted by this House for convenience. Nobody knows why Ways and Means chose to print the Bill with those numbers on the provisos this year, and never have before. When we have adourned debate on a section, we have viewed it to encompass the provisos also. I think Mr. LEWIS is entitled to have Section 30 read."
Rep. BLACKWELL moved to rescind Rule 3.9, which was agreed to.
Rep. KOON moved that when the House adjourns it adjourn to meet at 10:00 A.M. Monday, which was not agreed to by a division vote of 14 to 81.
Rep. TOAL raised the question of a quorum.
A quorum was later present.
The Reading Clerk continued reading.
Reps. SHORT and TOAL proposed the following Amendment No. 146 (Doc. No. 3104Y), which was adopted.
Amend the bill, as and if amended, Part I, Section 30, by adding a new proviso at the end of the section to read:
/30._____. Attendance of students, faculty, or administrators may be used as a criterion to determine eligibility for teacher incentive pay and principal incentive pay but may not be used as a criterion to determine the amount of the award of teacher incentive pay or principal incentive pay from the appropriations herein contained for these purposes./
Amend totals and title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Reps. LIMEHOUSE, McLELLAN, KAY, LEWIS, HUFF and BOAN proposed the following Amendment No. 208, which was adopted.
Amend the Bill, as and if amended, part I, Section 30, State Education Department, page 30-024, right column, proviso 30.048, on line 42, by striking /$24,673/ and inserting /24,489/.
Amend further, on page 30-025, left column, proviso 30.048, on line 2, by striking /15.96/ and inserting /15.0/.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. L. PHILLIPS proposed the following Amendment No. 324, which was adopted.
Amend the bill, as and if amended, Part I, Section 30 by adding a new appropriately numbered proviso at the end of the section to read:
/30.________. Funds provided for the Education Improvement Act Principal Incentive Program under Section 30, Item X, D, 2 may be distributed to administrative heads of vocational education centers who otherwise qualify for an award./
Amend title and totals to conform.
Rep. L. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. L. PHILLIPS proposed the following Amendment No. 325, which was adopted.
Amend the bill, as and if amended, Part I, Section 30, by adding a new appropriately numbered proviso at the end of the section to read:
/30._____. Not more than $130,000 of the amount provided for Implementation of Act 187, Contractual Services in Section 30, Item VI. C. may be expended for a third administration of the basic skills examination required by Act 187 of 1979 for full admittance into an undergraduate teacher education program./
Amend title and totals to conform.
Rep. L. PHILLIPS explained the amendment.
The amendment was then adopted.
Rep. McLELLAN proposed the following Amendment No. 323, which was adopted.
Amend the bill, as and if amended. Part I, Section 30, State Education Department, page 30-025, proviso number 30.51, left column, line 22, by striking: /15.96/ and inserting: /15.0/.
Amend totals and title to conform.
Rep. McLELLAN proposed the following Amendment No. 311, which was tabled.
Amend the bill, as and if amended. Part I, Section 30, State Education Department, page 30-024, right column, line 42, proviso 30.048, by striking /$24,673/ and inserting /$24,489/.
Amend further, page 30-025, line 2, left column, proviso 30.048, by striking /15.96/ and inserting /15.0/.
Amend titles and totals to conform.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. TOWNSEND moved to reconsider the vote whereby debate was adjourned on Amendment No. 199, which was agreed to.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Amendment No. 207, which was agreed to.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. HUFF moved to reconsider the vote whereby debate was adjourned on Amendment No. 217, which was agreed to.
Rep. HUFF moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 246, which was tabled.
Amend the bill as and if amended, Part I, Section 30, State Education Department, page 30-011, line 06, by inserting in column (7): $/100,507,194/.
Amend further on page 30-016, line 29, by inserting in column (7): $/12,005,175/.
Amend totals and title to conform.
Rep. TOWNSEND moved to table the amendment, which was agreed to.
Reps. McLELLAN, LEWIS, LIMEHOUSE, BOAN, NEILSON, DAVENPORT, McELVEEN and E.B. McLEOD proposed the following Amendment No. 259, which was tabled.
Amend the bill, as and if amended. Part I, Section 30, State Education Department, page 30-016, line 29, by inserting in column (7): $/5,000,000/.
Amend further, page 30-008, line 05, by inserting in column (7): $/5,570,000/.
Amend further, line 11, by inserting in column (7): $/2,590,087/.
Amend further, page 30-009, line 09, by inserting in column (7): $/55,266,399/.
Amend further, page 30-011, line 06, by inserting in column (7): $/105,724,593/.
Amend further, line 16, by inserting in column (7): $/360,000/.
Amend further, line 18, by inserting in column (7): $/360,000/.
Amend further, line 19, by inserting in column (7): $/3,000,000/.
Amend further, page 30-012, line 01, by inserting in column (7): $/350,000/.
Amend further, line 07, by inserting in column (7): $/257,838/.
Amend further, line 21, by inserting in column (7): $/297,600/.
Amend further, line 35, by inserting in column (7): $/500,000/.
Amend totals and titles to conform.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. McLELLAN proposed the following Amendment No. 313, which was adopted.
Amend the bill, as and if amended. Part I, Section 30, State Education Department, page 30-004, line 18, by inserting in columns (7) and (8): $/12,215,711/.
Amend further, page 30-008, line 05, by inserting in column (7): $/5,570,000/.
Amend further, line 11, by inserting in column (7): $/2,790,087/.
Amend further, page 30-009, line 09, by inserting in column (7): $/55,266,399/.
Amend further, page 30-011, line 06, by inserting in column (7): $/105,724,593/.
Amend further, line 16, by inserting in column (7): $/360,000/.
Amend further, line 18, by inserting in column (7): $/360,000/.
Amend further, page 30-012, line 01, by inserting in column (7): $/350,000/.
Amend further, line 07, by inserting in column (7):$/257,838/.
Amend further, line 21, by inserting in column (7): $/297,600/.
Amend further, line 35, by inserting in column (7): $/500,000/.
Amend further, page 30-016, line 29, by inserting in column (7): $/5,000,000/.
Amend titles and totals to conform.
Rep. McLELLAN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 70 to 10.
Rep. NEILSON moved to reconsider the vote whereby debate was adjourned on Amendment No. 225 which was agreed to.
Rep. NEILSON moved to table the amendment which was agreed to.
Rep. NEILSON moved to reconsider the vote whereby debate was adjourned on Amendment No. 232, which was agreed to.
Rep. NEILSON moved to table the amendment, which was agreed to.
Section 30 as amended was adopted.
Rep. LEWIS requested that Section 34 be read.
The SPEAKER stated that Rep. LEWIS' request was out of order until the motion to reconsider the vote whereby the Section was adopted was considered by the House and agreed to.
Rep. LEWIS then raised the Point of Order that, under the previous ruling, he was entitled to have the Section read.
The SPEAKER stated that the Section had already been passed on second reading, and unless that reading was reconsidered by the House, he was not entitled to have the Section read, and he overruled the Point of Order.
The motion of Rep. BLACKWELL to reconsider the vote whereby Section 36.1 was adopted was taken up.
Rep. BLACKWELL moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 40 was adopted was taken up.
Rep. NETTLES spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Rep. GORDON proposed the following Amendment No. 193, which was adopted.
Amend as and if amended. Part I, Section 40, Health and Human Services Finance Commission, page 40-005, line 07, by inserting in column (7): 88,302,705/ and column (8): /23,585,653/.
Amend title and totals to conform.
Rep. GORDON proposed the following Amendment No. 194, which was adopted.
Amend as and if amended. Part I, Section 40, Health and Human Services Finance Commission, page 40-010, right hand column by inserting after line 13, the following new proviso: "$1 million of the additional general funds appropriated for Nursing Home Providers and matching federal funds must be expended only for newly constructed Medicaid beds that first participate in the Medicaid program after July 1, 1987."
Amend titles and totals to conform.
Section 40 as amended was adopted.
Debate was resumed on Section 41.
Debate was resumed on Amendment No. 241, which was proposed on Thursday, March 19, by Rep. FERGUSON.
Rep. FERGUSON moved to table the amendment, which was agreed to.
Reps. MOSS and O. PHILLIPS proposed the following Amendment No. 247, which was tabled.
Amend and as if amended. Part I, Section 41, by adding at the end of the section a new proviso to read: "No restaurant inspection fee shall be charged to any non-profit service organization."
Amend titles to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Reps. FERGUSON, WASHINGTON and M.D. BURRISS proposed the following Amendment No. 284, which was adopted.
Amend the bill, as and if amended. Part I, Section 41, DHEC, page 41-015, line 05, by inserting in column (7): $/442,061/ and in column (8): $/436,155/.
Amend totals and title to conform.
Reps. HASKINS, LIMEHOUSE, J. BRADLEY, BAKER and McCAIN proposed the following Amendment No. 295 (Doc. No. 3290Y), which was tabled.
Amend the bill, as and if amended, the Department of Health and Environmental Control, Section 41, page 41-036, by adding an appropriately numbered paragraph to read:
/41.______. The appropriations provided in this section are reduced by four percent. The department upon the approval of the State Budget and Control Board may transfer funds within line items to make the necessary adjustments./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EVATT moved to table the amendment which was agreed to by a division vote of 67 to 15.
The motion of Rep. CARNELL to reconsider the vote whereby Amendment No. 201 on Section 41 was adopted was taken up and agreed to.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. CARNELL, McABEE, G. BAILEY, PEARCE, T.W. EDWARDS, H. BROWN, COOPER, DAY, NEILSON, BARFIELD, HARVIN, ARTHUR, ELLIOTT, CHAMBLEE, CORK, J.C. JOHNSON, TUCKER, TOWNSEND and KAY proposed the following Amendment No. 326 (Doc. No. 3211Y), 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 to read:
/41.______. Except as otherwise provided below, the Department shall not charge a fee adopted after January 1, 1987 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, or commissions regardless of whether the fee is set by statutory law. Of these fees collected, five thousand dollars 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./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. EVATT spoke against the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. EVATT moved to table the amendment, which was not agreed to by a division vote of 21 to 60.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 41 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 42 was adopted was taken up.
Rep. FOXWORTH spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Reps. FOXWORTH and WHIPPER proposed the following Amendment No. 243, which was adopted.
Amend the bill, as and if amended. Part I, Section 42, Department of Mental Health, page 42-036, right hand column, by inserting after line 43: "Of the funds appropriated herein for the Community Program, the Department is authorized to expend $362,000 for services in the Autistic Program."
Amend totals and title to conform.
Section 42 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 43 was adopted was taken up.
Rep. McLELLAN spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Reps. McLELLAN and J. ROGERS proposed the following Amendment No. 292, which was adopted.
Amend the bill, as and if amended. Part I, Section 43, Department of Mental Retardation, page 42-004, line 13, by inserting in column (7): $/36,836,763/, and in column (8): $/8,402,239/.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 43 as amended was adopted.
Debate was resumed on Section 53.
Debate was resumed on Amendment No. 155, which was proposed on Thursday, March 19, by Rep. CARNELL.
Rep. CARNELL explained the amendment.
Rep. KEYSERLING moved to table the amendment, which was agreed to by a division vote of 38 to 28.
Section 53 was adopted.
Debate was resumed on Section 53.1.
Section 53.1 was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 55 was adopted, was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 291, which was adopted.
Amend the bill, as and if amended, Part I, Section 55, Department of Corrections, page 55-005, line 22, by inserting in column (7): $/13,044,689/ and in column (8): $/12,798,909/.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 55 as amended was adopted.
The motion of Rep. HODGES to reconsider the vote whereby Amendment No. 93 on Section 62 was rejected was taken up.
Rep. SHARPE moved to table the motion, which was not agreed to.
The question then recurred to the motion to reconsider.
Rep. WALDROP moved to table the motion to reconsider the vote whereby Amendment No. 93 was rejected which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 62 was adopted was taken up and agreed to.
Reps. WALDROP, TOAL, BAXLEY and J. BRADLEY proposed the following Amendment No. 223, which was adopted.
Amend the bill, as and if amended, Part I, Section 62, State Forestry Commission, page 62-005, right hand column, by inserting after line 17, /Amend further, No reduction in the funds appropriated herein which may be made during the fiscal year 1987-88 by the State Forestry Commission shall result in the reduction of personnel or expenditures for fire wardens and forestry tower operators./
Amend totals and titles to conform.
The amendment was then adopted by a division vote of 61 to 8.
Section 62 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 65 was adopted, was taken up and agreed to.
Reps. McLELLAN and McABEE proposed the following Amendment No. 337, which was adopted.
Amend the Bill, as and if amended. Part I, Section 65, Clemson University - Public Service Activities, page 65-004, line 19, by inserting in column (7): $/869,214/ and in column (8): $/802,908/.
Amend further, page 65-004, line 20, by inserting in column (7): $/1,557,535/ and in column (8): $/1,470,841/.
Amend further, page 65-005, line 13, by inserting in column (7): $/1,326,784/ and in column (8): $/988,705/.
Amend further, page 65-005, line 14, by inserting in column (7): $/663,330/ and in column (8): $/500,527/.
Amend totals and titles to conform.
Section 65 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 75 was adopted was taken up and agreed to.
Reps. McLELLAN and McABEE proposed the following Amendment No. 338, which was adopted.
Amend the bill, as and if amended, Part I, Section 75, Clarks Hill - Russell Authority of S.C., page 75-001, line 22, by inserting in columns (7) and (8): $/911,000/.
Amend totals and titles to conform.
Section 75 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 87 was adopted was taken up.
Rep. ARTHUR moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 92 was adopted was taken up.
Rep. CARNELL spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Rep. CARNELL proposed the following Amendment No. 275, which was adopted.
Amend the bill, as and if amended. Part I, Section 92, Auctioneers Commission, page 92-001, line 4, by inserting in column (7) and (8): $/21,557/.
Amend further, line 15, by inserting in columns (7) and (8): $/14,142/.
Amend totals and title to conform.
Section 92 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 104 was adopted was taken up.
Rep. CARNELL spoke in favor of the motion to reconsider.
The motion to reconsider was then agreed to.
Rep. CARNELL proposed the following Amendment No. 240, which was adopted.
Amend the Bill, as and if amended. Part I, Section 104, Board of Medical Examiners, page 104-001, line 02, by inserting in columns (7) and (8): $/44,350/.
Amend further, page 104-001, line 07, by inserting in columns (7) and (8): $/31,980/.
Amend totals and titles to conform.
Section 104 as amended was adopted,
The motion of Rep. McLELLAN to reconsider the vote whereby Section 125 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 290, which was adopted.
Amend the bill, as and if amended, Part I, Section 125, Aid to Subdivisions, page 125-001, line 13, by inserting in columns (7) and (8): $/71,518,586/.
Amend totals and titles to conform.
The question then recurred to the adoption of the amendment.
Rep. FELDER 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, G. Barfield Baxley Beasley Blackwell Boan Brown, H. Brown, J. Brown, R. Burriss, T.M. Faber Ferguson Gentry Gilbert Haskins Hawkins Hayes Helmly Hendricks Hodges Johnson, J.W. Kirsh Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Phillips, L. Rice Rogers, J. Rogers, T. Sheheen Simpson Taylor Toal Waldrop Wilkins Winstead
Those who voted in the negative are:
Altman Bailey, K. Baker Blanding Bradley, J. Brown, G. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Derrick Evatt Fair Felder Foxworth Harris, J. Harvin Hearn Holt Huff Johnson, J.C. Kay Keyserling Klapman Koon Lewis Limehouse McCain McElveen McGinnis McLeod, E.B. Rhoad Rudnick Sharpe Thrailkill Tucker Wells Whipper White Wilder
So, the amendment was adopted.
Section 125 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 126 was adopted was taken up and agreed to.
Reps. McLELLAN and J. ROGERS proposed the following Amendment No. 280, which was adopted.
Amend the bill, as and if amended, Part I, Section 126, Department of Highways and Public Transportation, page 126-008, line 19, by inserting in columns (7) and (8): /1,000,919/.
Amend totals and titles to conform.
Section 126 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 126.4 was adopted was taken up.
Rep. TOAL moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 126.10 was adopted was taken up.
Rep. FABER moved to table the motion, which was agreed to by a division vote of 50 to 21.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 129.3 was adopted was taken up.
Rep. FELDER moved to table the motion, which was agreed to.
The motion of Rep. TOAL to reconsider the vote whereby Amendment No. 25 and Section 129.16 were adopted, was taken up.
Rep. TOAL moved to table the motion, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 256, which was tabled.
Amend as and if amended, Part I, by adding a new Section at the end, amend title to conform.
"All institutions, departments and agencies shall file an annual report with the Budget and Control Board at such time as the Board shall specify. Such reports shall contain, in addition to any other 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 effective. The Budget and Control Board shall prescribe such specifications and deadlines as may appear practicable for all state and department reports, style of printing and cost of publication of such reports. The Board shall be charged with the responsibility of printing these reports. They shall be made available on or before January first to each member of the General Assembly at his request and to the State Library. The Budget and Control Board shall report annually to the General Assembly on the expenditure of appropriations for such reports showing, by departments, the number of copies and cost of publication.
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 the report shall be turned into the General Fund. State agency annual reports and reports to the General Assembly may not be printed in a multi-color format.
Rep. TOAL moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 316 (Doc. No. 3299Y), which was tabled.
Amend the bill, as and if amended, Part I, by adding a new proviso at the end of Part I to read:
/129._____. The Lieutenant Governor in the case of members of the Senate, the Speaker of the House in the case of members of the House, and the head of the agency or department with the concurrence of the chairman of the governing commission of that agency or department, if any, in the case of state employees must approve all out-of-state travel of these persons./
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. TOAL moved to table the amendment, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 16, which was agreed to.
Reps. FELDER and T. ROGERS proposed the following Amendment No. 277, which was adopted.
Amend the bill, as and if amended. Part I, Section 16, Budget and Control Board, page 16-048, line 06, by inserting in columns (7) and (8): $/3,134, 088/.
Amend totals and title to conform.
Reps. FELDER and T. ROGERS proposed the following Amendment No. 278, which was adopted.
Amend the bilL, as and if amended, Part I, Section 16, Budget and Control Board, page 16-059, beginning on line 17, by adding a new proviso to read as follows:
" 16._____: Notwithstanding any other provision of law, the State Budget and Control Board shall make transfers as necessary from those funds appropriated for travel in Part I of this Act, to replenish a deficiency of up to $1,500,000 in funds appropriated for State Employee Health Insurance. It is the intent of the General Assembly that the Board strongly consider the necessity of all entities' use of travel funds for out-of-state travel in determining the amounts to be transferred herein. The following shall be exempt from this provision: The Governor's Office, the Legislative Department, the Judicial Department, the Tax Commission and the Workers Compensation Commission."
Amend totals and titles to conform.
Reps. MOSS and O. PHILLIPS proposed the following Amendment No. 272 (Doc. No. 3260Y), which was adopted.
Amend the bill, as and if amended, PART I, page 16-059, by adding the following appropriately numbered paragraph to read:
/_____. The funds appropriated in SECTION 16F, B&C-STATE FIRE MARSHAL for the Arson Control Program, page 16-032, lines 7 through 23, must not be used for any purpose other than arson control./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON proposed the following Amendment No. 335 (Doc. No. 3309Y), which was rejected.
Amend the bill, as and if amended, PART I, STATE BUDGET AND CONTROL BOARD, SECTION 16, page 16-059, by adding the following appropriately numbered paragraph:
/16.______. The South Carolina Employee Health Insurance Program must include a cost containment program by the administering agency for the reimbursement of providers. This program must include the following factors:
(1) Hospital pre-certification admissions: Any admission must be certified as a medical necessity if it is not an emergency.
(2) Second surgical opinions: A second medical opinion must be obtained on any non-emergency surgical procedure.
(3) Hospital bill audit: Any bill submitted by a hospital must be audited for errors.
(4) Continued stay review: Any procedure requiring hospitalization for longer than four days must be continually reviewed.
(5) Weekend admissions: Must be disallowed if not medically necessary except in the case of accident or emergency.
(6) Hospital admissions: All hospitals admitting state employees must allow pre-certification and post-audit reviews./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 335 was out of order as it was not germane to the Bill under Rule 5.3.
The SPEAKER overruled the Point of Order.
Rep. FABER moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were not ordered.
So, the House refused to table the amendment by a division vote of 32 to 45.
Reps. J. ROGERS, HUFF and J. BRADLEY spoke against the amendment.
Rep. KOON spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. M. O. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Davenport Fair Foxworth Hendricks Holt Koon McCain Pearce Rhoad Simpson Toal
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Carnell Chamblee Cooper Cork Corning Dangerfield Derrick Elliott Evatt Faber Ferguson Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Hayes Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Jones Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Taylor Townsend Tucker Wells Whipper White Wilder Winstead
So, the amendment was rejected.
Section 16 as amended was adopted.
Rep. WINSTEAD proposed the following Amendment No. 321, which was tabled.
Amend as and if amended, Part I. Section 16 L, Budget and Control Board - Employee Benefits, page 16-048, line 31, by inserting in columns (7) and (8): $/9,278,932/.
Amend title and totals to conform.
Rep. WINSTEAD moved to table the amendment, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 38 was adopted was taken up.
Rep. J.C. JOHNSON moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The House refused to table the motion to reconsider by a division vote of 34 to 47.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. BRADLEY proposed the following Amendment No. 339, which was adopted.
Amend as and if amended, Section 38, by changing line 20, page 38-002 from $ 195,400 in Columns 5 & 6 to $140,000 and adding a new line after line 21, Columns 5 & 6 for Charleston Bicentennial Commission S 150,000.
Amend title and totals to conform.
Rep. J. BRADLEY explained the amendment.
Reps. KEYSERLING and J.C. JOHNSON spoke against the amendment. Rep. J. BRADLEY spoke in favor of the amendment.
Rep. T. ROGERS moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 40 to 47.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 38 as amended was adopted.
Rep. McLELLAN moved to reconsider the vote whereby Section 40 was adopted, which was agreed to.
Reps. McLELLAN and BEASLEY proposed the following Amendment No. 341 (Doc. No. 3310Y), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 40, STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, page 40-004, line 35, by inserting in columns (7) and (8) /0/.
Renumber sections to conform.
Amend totals and title to conform.
Reps. McLELLAN and BEASLEY proposed the following Amendment No. 342 (Doc. No. 3312Y), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 40, STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, page 40-009, right column, by striking 40.23 beginning on line 27.
Renumber sections to conform.
Amend totals and title to conform.
Section 40 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 64 was adopted was taken up and agreed to.
Reps. McLELLAN and BEASLEY proposed the following Amendment No. 340 (Doc. No. 3311Y), which was adopted.
Amend the bill, as and if amended, Section 64, page 64-003, line 11, by inserting in columns (7) and (8) /100,000/.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. RHOAD spoke against the amendment.
The amendment was then adopted.
Section 64 as amended was adopted.
Rep. J. HARRIS moved to reconsider the vote whereby Section 13 was adopted.
Rep. HAYES moved to table the motion to reconsider which was not agreed to by a division vote of 28 to 55.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. HARRIS proposed the following Amendment No. 344, which was adopted.
Amend as and if amended, Part I, Section 13, Adjutant General, page 13-001, line 18, by inserting in Column (7): $/290,581/ and in Column (8): $/280,581/.
Amend title and totals to conform.
Section 13 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 41 was adopted was taken up.
Rep. MATTOS moved to table the motion, which was agreed to by a division vote of 43 to 42.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 71 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 345, which was adopted.
Amend the Bill, as and if amended, Part I, Section 71, State Development Board, page 71-004, line 20, by inserting in column (7): $/1,376,000/ and in column (8): $/1,266,000/.
Amend further, page 71-005, line 2, by inserting in columns (7) and (8): $/15,000/.
Amend totals and title to conform.
Section 71 as amended was adopted.
Rep. McLELLAN moved to adjourn debate upon Section 1, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.
Reps. McLELLAN and BEASLEY proposed the following Amendment No. 343 (Doc. No. 3314Y), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, Section 11-9-880(A) as contained in SECTION 15 as amended by amendment offered by Rep. Kirsh designated amendment number 27 (Document number 2914Y) by striking on line 15 /eighty-two/ and inserting /eighty-two and four-tenths/.
Renumber sections to conform.
Amend totals and title to conform.
Section 15 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 30 was adopted was taken up and agreed to.
Reps. LEWIS and TOAL proposed the following Amendment No. 336 (Doc. No. 3307Y), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, in the unnumbered section added by the amendment offered by Representative Lewis designated amendment 309 (Doc. No. 3296Y) by adding at the end of the section:
/Nothing in this section prohibits the State Budget and Control Board from covering the costs of providing centralized services such as insurance, telecommunications, data processing, training courses, surplus property, printing, purchasing, and excepting property management services. Nothing in this section prohibits an agency from levying fines or penalties imposed for violations of a law or a regulation promulgated pursuant to the Administrative Procedures Act. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOAL explained the amendment.
The amendment was then adopted.
Section 30 as amended was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 39 was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 347, which was adopted.
Amend as and if amended, Section 39, State Museum Commission, page 39-004, line 35, by inserting in column (7): /51,040/ and in column (8): /0/.
Amend further, page 39-005, by striking line 26 through 29.
Amend further, line 30, by inserting in columns (7) and (8): /8,660/.
Amend title and totals to conform.
Section 39 as amended was adopted.
The motion of Rep. OGBURN to reconsider the vote whereby Part II Section 10 was adopted and Amendment No. 244 was tabled, was taken up.
Rep. OGBURN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 16M was adopted was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 348, which was adopted.
Amend as and if amended, Part I, Section 16M, Budget and Control Board - Capital Expenditure Fund, page 16-050, line 05, by inserting in Columns (7) and (8): $/42,925,448/.
Amend title and totals to conform.
Section 16M as amended was adopted.
Rep. NESBITT moved to reconsider the vote whereby Section 7 was adopted.
Rep. TOAL moved to table the motion.
Rep. HODGES demanded the yeas and nays, which were not ordered.
The motion to reconsider was tabled by a division vote of 54 to 36.
Rep. McLELLAN, with unanimous consent, withdrew all pending motions to reconsider.
The question then recurred to the passage of the Bill, as amended.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Barfield Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Carnell Chamblee Cooper Dangerfield Elliott Evatt Faber Fair Felder Ferguson Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.W. Jones Kay Keyserling Kirsh Lockemy Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Ogburn Pearce Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Taylor Toal Townsend Tucker Waldrop Wells Whipper White Wilder Wilkins
Those who voted in the negative are:
Bailey, G. Baker Baxley Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Burriss, T.M. Clyborne Cork Corning Derrick Foxworth Huff Johnson, J.C. Klapman Koon Lewis Limehouse McCain Moss Neilson Sharpe Sturkie Thrailkill Winstead
Rep. BLACKWELL (Present) No
Rep. EDWARDS (Absent) Yes
Rep. DAVENPORT (Present) No
Rep. O. PHILLIPS (Absent) Yes
Rep. BEASLEY (Present) Yes
Rep. PETTY (Absent) No
So, the Bill, as amended, was read the second time and ordered to third reading.
I oppose the House version of the State Appropriation Bill primarily because 1) it increases some taxes 2) I do not think that the State employees got fair treatment and for other reasons.
Rep. FRED DAY
Rep. J. ROGERS moved that when the House adjourns it adjourn to meet at 12:00 Noon on Tuesday, which was agreed to.
Rep. HASKINS moved that the House do now adjourn, which was adopted.
At 11 :05 P.M. the House in accordance with the motion of Rep. HASKINS adjourned to meet at 12:00 Noon, Tuesday.
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