Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
When our bodies are tired and our nerves are frayed, enable us to hear, O Lord, the voice from Heaven saying: "Come unto Me, all you that labor and are heavy laden, and I will give you rest". We gratefully are given strength and receive courage from Your Words of assurance: "God is our Refuge and Strength, a very present Help". So in the midst of hectic hours and harassing happenings, we claim Your healing presence to restore our patience and to lead us into the paths we should go. Help us to think clearly, to speak wisely, to act rightly with a trust in God that keeps us steady as we hear the Divine promise: "God is with you in all that you do".
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.
Document No. 1159
Promulgated By Department of Agriculture
Noxious Weed
Referred to House Committee on Agriculture and Natural Resources
120 day expiration date June 7, 1990
Withdrawn and resubmitted March 15, 1990
The following was introduced:
H. 4854 -- Reps. McLellan and T.C. Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BLACKSTON HAMILTON OF SENECA UPON BEING NAMED THE OUTSTANDING AMERICAN HISTORY TEACHER OF THE YEAR FOR SOUTH CAROLINA BY THE STATE SOCIETY, NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1395 -- Senator Long: A CONCURRENT RESOLUTION TO CONGRATULATE CONWAY MIDDLE SCHOOL UPON BEING NAMED PALMETTO'S FINEST ON JANUARY 1, 1990, AND TO RECOGNIZE THE SCHOOL FOR ITS EXEMPLARY STUDENT ACHIEVEMENT, FACULTY TRAINING, ACADEMIC PROGRAMS, COMMUNITY INVOLVEMENT, AND SCHOOL MANAGEMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1396 -- Senator Macaulay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. ANGELA BLACKSTON HAMILTON OF SENECA UPON BEING NAMED THE OUTSTANDING AMERICAN HISTORY TEACHER OF THE YEAR FOR SOUTH CAROLINA BY THE STATE SOCIETY, NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION.
The Concurrent Resolution was ordered referred to the Oconee Delegation.
The Senate sent to the House the following:
S. 1406 -- Senator Lindsay: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ALBERTA "BERTA" WILLIAMS OF COLUMBIA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4855 -- Rep. R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-147 SO AS TO PROVIDE FOR A STATE ARCHERY STAMP, TO PROVIDE FOR THE USE OF THE REVENUE DERIVED FROM THE SALE OF THE STAMPS, PRINTS, AND RELATED ARTICLES, AND TO MAKE IT UNLAWFUL FOR A PERSON TO HUNT WITH ARCHERY EQUIPMENT WITHOUT A VALID STAMP IN HIS POSSESSION.
Referred to Committee on Agriculture and Natural Resources.
H. 4856 -- Rep. Wilkins: A BILL TO AMEND SECTION 29-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF APPRAISERS WHEN A DEFICIENCY JUDGMENT IS REQUESTED IN A MORTGAGE FORECLOSURE, SO AS TO REVISE THIS COMPENSATION.
Referred to Committee on Judiciary.
H. 4857 -- Reps. Hallman, G. Brown, Barber, Corbett, Blanding, McElveen, Sturkie, Mappus, McLeod and McTeer: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 111 SO AS TO IMPOSE THE GREATER REQUIREMENT OF ANOTHER STATE ON DISPOSAL OF WASTE GENERATED IN THIS STATE ON DISPOSAL IN THIS STATE OF WASTE GENERATED IN THE OTHER STATE.
Referred to Committee on Agriculture and Natural Resources.
H. 4858 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-1050, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PERMIT TO REMOVE DESTRUCTIVE WILDLIFE, SO AS TO PROVIDE THAT A REGULAR DEPREDATION PERMIT DOES NOT PERMIT THE TAKING OF DEER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-11-1055 SO AS TO PROVIDE FOR A DEER DEPREDATION PERMIT.
Referred to Committee on Agriculture and Natural Resources.
H. 4859 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DEVELOPMENT OF A TEACHER INCENTIVE PROGRAM, SO AS TO PERMIT A TEACHER TO RECEIVE MORE THAN ONE INCENTIVE REWARD IF HE IS ELIGIBLE TO RECEIVE ONE.
Referred to Committee on Education and Public Works.
H. 4860 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-820 SO AS TO PROVIDE THAT FOR PURPOSES OF RECEIVING INCENTIVE REWARDS UNDER THE TEACHER INCENTIVE PROGRAM, AN ABSENCE MEANS A TWENTY-FOUR HOUR PERIOD AWAY FROM THE JOB THAT IS NOT EXCUSED BY THE PROGRAM GUIDELINES.
Referred to Committee on Education and Public Works.
S. 1392 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO APPLICATION FEES AND LICENSES AND LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1191, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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 Bailey, G. Bailey, J. Barber Barfield Beasley Bennett Blackwell Boan Brown, H. Brown, R. Bruce Burriss, M.D. Carnell Chamblee Cole Corbett Cork Davenport Derrick Faber Fant Farr Felder Ferguson Glover Gregory Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Sharpe Short Simpson Smith Snow Stoddard Sturkie Taylor Tucker Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 16, 1990.
Terry E. Haskins Samuel R. Foster B.J. Gordon Howell Clyborne Dell Baker Robert J. Sheheen J. Michael Baxley Rick Quinn Grady Brown Ken Bailey Larry Blanding Thomas E. Huff Irene Rudnick Larry Gentry E.B. McLeod Joe E. Brown Lewis R. Vaughn M.J. Cooper Roland S. Corning Dick Elliott Tom Limehouse T.M. Burriss Paul M. Burch Alex Harvin, III
STATEMENT OF ATTENDANCE
Rep. T.M. BURRISS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 15.
Rep. GEORGE BAILEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 12.
The SPEAKER granted Reps. KAY, TOWNSEND and J. WILLIAMS a leave of absence for the day.
Announcement was made that Dr. Gavin Appleby of Columbia is the Doctor of the Day for the General Assembly.
Rep. TUCKER moved that when the House adjourn, it adjourn in memory of Ernest Chamblee, Jr., Rep. C.D. CHAMBLEE's brother, which was agreed to.
On motion of Rep. TUCKER, the House stood in silent prayer in memory of Mr. Ernest Chamblee, Jr., brother of Rep. CHAMBLEE.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Rep. McLELLAN made a statement relative to the General Appropriations Bill, H. 4800.
Rep. McLELLAN, under Rule 9.2, gave notice of his intention to offer amendments on third reading, if necessary.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 3A was adopted, was taken up.
Rep. McLELLAN moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, J. Bailey, K. Beasley Bennett Blackwell Blanding Boan Brown, H. Carnell Faber Fant Foster Gentry Gordon Gregory Harris, P. Hendricks Hodges Holt Huff Johnson, J.W. Keesley Kirsh Martin, D. Mattos McAbee McGinnis McLellan McLeod McTeer Nettles Phillips Rhoad Rogers, J. Sharpe Sheheen Short Simpson Snow Stoddard Taylor Tucker Washington Wilkins Williams, D. Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baker Barber Baxley Brown, G. Brown, J. Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Farr Felder Ferguson Glover Hallman Harris, J. Harrison Harwell Haskins Keegan Keyserling Klapman Koon Limehouse Littlejohn Manly Mappus Martin, L. McBride McElveen Moss Neilson Quinn Rama Rogers, T. Rudnick Smith Sturkie Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wofford Wright
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was rejected by a division vote of 41 to 49.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 3B was adopted, was taken up.
Rep. McLELLAN moved to table the motion.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Bailey, K. Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, R. Carnell Cooper Elliott Fant Foster Gentry Gordon Gregory Harris, P. Hendricks Holt Huff Johnson, J.W. Keesley Kinon Kirsh Martin, D. Mattos McAbee McGinnis McLellan McLeod McTeer Nesbitt Phillips Rhoad Rogers, J. Sharpe Sheheen Short Simpson Stoddard Taylor Washington Wilder Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Barber Barfield Baxley Brown, G. Brown, J. Bruce Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Farr Felder Ferguson Glover Hallman Harris, J. Harrison Hodges Jaskwhich Keegan Keyserling Klapman Koon Limehouse Littlejohn Manly Mappus Martin, L. McCain McElveen Moss Neilson Nettles Quinn Rama Rogers, T. Rudnick Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Williams, D. Wofford Wright
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
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 Bailey, G. Bailey, K. Baker Barfield Baxley Bennett Brown, G. Bruce Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Farr Felder Ferguson Hallman Harris, J. Harrison Harwell Hodges Keegan Keyserling Klapman Koon Limehouse Littlejohn Manly Mappus Martin, L. McCain McElveen Moss Neilson Quinn Rama Rogers, T. Rudnick Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wofford Wright
Those who voted in the negative are:
Bailey, J. Beasley Blackwell Blanding Boan Brown, H. Carnell Elliott Faber Fant Foster Gentry Glover Gordon Gregory Harris, P. Hayes Hendricks Holt Huff Johnson, J.W. Keesley Kinon Kirsh Kohn Martin, D. Mattos McAbee McBride McGinnis McLellan McLeod Nesbitt Nettles Phillips Rogers, J. Sharpe Sheheen Short Simpson Stoddard Taylor Washington Wilkins Williams, D. Winstead
So, the motion to reconsider was agreed to.
Rep. RUDNICK proposed the following Amendment No. 15 (Doc. No. 1671b), which was adopted.
Amend the bill, as and if amended, Part I, Section 3B-Leg. Dept. House of Representatives, Page 0005, Line 6, by inserting in column (7)/1,240,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Reps. McLELLAN, BLACKWELL, FOSTER, LIMEHOUSE, HASKINS, FANT, WASHINGTON and GORDON spoke against the amendment.
Reps. BAXLEY, WHIPPER, WELLS, G. BROWN and HARWELL spoke in favor of the amendment.
Rep. WILLIAMS spoke upon the amendment.
Rep. TAYLOR moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beasley Blackwell Blanding Boan Brown, H. Burriss, T.M. Carnell Faber Fant Foster Gentry Gordon Gregory Harris, P. Haskins Hayes Huff Johnson, J.W. 0Keesley Kinon Kirsh Martin, D. Mattos McAbee McGinnis McLellan McLeod McTeer Nesbitt Rogers, J. Sheheen Short Stoddard Taylor Washington Wilder Wilkins Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Bennett Brown, G. Brown, J. Brown, R. Bruce Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Farr Felder Ferguson Glover Hallman Harris, J. Harrison Harwell Hendricks Hodges Holt Jaskwhich Keegan Keyserling Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, L. McBride McCain McEachin McElveen Moss Neilson Nettles Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Smith Snow Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Winstead Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, T.M. Chamblee Clyborne Cole Corbett Cork Corning Davenport Derrick Elliott Fant Farr Felder Ferguson Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kinon Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan Moss Neilson Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Stoddard Sturkie Tucker Vaughn Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
Blackwell Blanding Carnell Cooper Faber Foster Gentry Hayes Kirsh McAbee McLeod McTeer Nesbitt Taylor Williams, D.
So, the amendment was adopted.
I was working on a budget amendment during the vote. If I had been present I would have voted not to approve the $400 raise, which would be in favor of the amendment.
Rep. CANDY WAITES
Section 3B, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 3J was adopted, was taken up and agreed to.
Reps. WILDER and McLELLAN proposed the following Amendment No. 186 (Doc. No. 1782b), which was adopted.
Amend the bill, as and if amended, Part I, Section 3J-Jt. Leg. Committees, Page 0026, Line 37, opposite /Handicapped/ by inserting in column (7) /37,161/ and in column (8) /37,161/
Amend further, Line 39, by inserting in column (7) /(1.00)/ and in column (8) /(1.00)/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
Reps. McABEE and McLELLAN proposed the following Amendment No. 161 (Doc. No. 1776b), which was adopted.
Amend the bill, as and if amended, Part I, Section 3J-Jt. Leg. Committees, Page 0026, Line 01, by inserting in column (7) /138,297/ and in column (8) /138,297/
Amend further, Line 05, by inserting in column (7) /297,987/ and in column (8) /297,987/
Amend further, Line 09, by inserting in column (7) /168,710/ and in column (8) /168,710/
Amend further, Line 13, by inserting in column (7) /32,203/ and in column (8) /32,203/
Amend further, Line 17, by inserting in column (7) /10,155/ and in column (8) /10,155/
Amend further, Line 21, by inserting in column (7) /6,128/ and in column (8) /6,128/
Amend further, Line 25, by inserting in column (7) /23,405/ and in column (8) /23,405/
Amend further, Line 29, by inserting in column (7) /25,835/ and in column (8) /25,835/
Amend further, Line 33, by inserting in column (7) /5,283/ and in column (8) /5,283/
Amend further, Line 37, by inserting in column (7) /12,940/ and in column (8) /12,940/
Amend further, Same Section, Page 0027, Line 01, by inserting in column (7) /88,913/ and in column (8) /88,913/
Amend further, Line 05, by inserting in column (7) /46,126/ and in column (8) /46,126/
Amend further, Line 09, by inserting in column (7) /34,086/ and in column (8) /34,086/
Amend further, Line 13, by inserting in column (7) /86,814/ and in column (8) /86,814/
Amend further, Line 17, by inserting in column (7) /3,155/ and in column (8) /3,155/
Amend further, Line 27, by inserting in column (7) /105,757/ and in column (8) /105,757/
Amend further, Line 31, by inserting in column (7) /49,754/ and in column (8) /49,754/
Amend further, Line 35, by inserting in column (7) /8,246/ and in column (8) /8,246/
Amend further, Line 38, by inserting in column (7) /114,964/ and in column (8) /114,964/
Amend further, Same Section, Page 0028, Line 02, by inserting in column (7) /1,737,868/ and in column (8) /1,737,868/
Amend further, Line 18, by inserting in column (7) /63,140/ and in column (8) /63,140/
Amend further, Line 22, by inserting in column (7) /27,881/ and in column (8) /27,881/
Amend further, Line 29, by inserting in column (7) /49,975/ and in column (8) /49,975/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 3J, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 3.38 was adopted, was taken up.
Rep. WASHINGTON moved to table the motion, which was agreed to by a division vote of 49 to 8.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 4 was adopted, was taken up.
Rep. WILKINS moved to adjourn debate upon the motion to reconsider.
Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 14 to 52.
The question then recurred to the motion to adjourn debate on the motion to reconsider, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 5A was adopted, was taken up.
Rep. J. ROGERS moved to table the motion.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Beasley Blanding Boan Brown, H. Bruce Carnell Cole Cooper Felder Gentry Harris, P. Haskins Hayes Huff Johnson, J.W. Keegan Kohn Littlejohn McAbee McCain McGinnis McLellan McLeod Nettles Rogers, J. Simpson Vaughn Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Bennett Blackwell Brown, G. Brown, R. Chamblee Clyborne Corbett Cork Davenport Derrick Elliott Faber Fant Farr Ferguson Foster Glover Gordon Gregory Hallman Harrison Harwell Hendricks Hodges Holt Jaskwhich Keesley Keyserling Kirsh Klapman Koon Limehouse Manly Mappus Martin, L. Mattos McBride McEachin McElveen McKay Moss Nesbitt Phillips Quinn Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Snow Sturkie Taylor Tucker Waites Waldrop Washington Whipper Wilkes Williams, D.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 68 (Doc. No. 1717b), which was tabled.
Amend the bill, as and if amended, Part I, Section 5A-Governor's Office-Exec. Control, Page 0045, Line 03, by inserting in columns (7) and (8) /84,897/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN spoke against the amendment and 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:
Bailey, G. Beasley Blackwell Boan Brown, H. Brown, R. Bruce Carnell Cole Cooper Derrick Elliott Faber Felder Ferguson Hallman Harris, P. Haskins Hayes Huff Johnson, J.W. Keegan Kohn Littlejohn Mattos McAbee McCain McGinnis McKay McLellan McLeod Moss Neilson Nettles Rogers, J. Simpson Stoddard Sturkie Vaughn Wells Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Blanding Brown, J. Chamblee Clyborne Corbett Cork Corning Davenport Fant Farr Foster Gentry Glover Gordon Gregory Harris, J. Harrison Harwell Hendricks Hodges Holt Jaskwhich Keesley Keyserling Kinon Kirsh Limehouse Manly Mappus Martin, D. Martin, L. McBride McEachin McElveen Nesbitt Phillips Quinn Rama Rhoad Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Taylor Tucker Waites Waldrop Washington Whipper White Wilkes Williams, D. Wofford Wright
So, the House refused to table the amendment.
Reps. HASKINS, FELDER, HUFF and J. ROGERS spoke against the amendment.
Rep. FOSTER spoke against the amendment.
Reps. SIMPSON and SHEHEEN spoke against the amendment.
Rep. WASHINGTON spoke against the amendment and moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 81 to 9.
Section 5A was adopted.
Rep. BAKER moved that the House recede until 2:00 P.M., which was rejected by a division vote of 39 to 60.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 6 was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 7 was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 8 was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 9 was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 10 was adopted, was taken up.
Rep. FELDER moved to adjourn debate upon the motion to reconsider, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 12 was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14K was adopted, was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 149 (Doc. No. 1763b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14 K, B&C Board, Human Resource Management, Page 0113, Line 12, by inserting in column (7) / 51,221 / and in column (8) /51,221 /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 14K, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14L was adopted, was taken up.
Rep. McCAIN moved to adjourn debate upon the motion to reconsider, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14Q was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 219 (Doc. No. 1856b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14 Q, B&C Board - Employee Benefits, Page 0126, Line 14, by inserting in column (7) /14,187,306/ and in column (8) /14,187,306/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted by a division vote of 44 to 24.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14.14 was adopted, was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 148 (Doc. No. 1761b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14-Budget and Control Board, Page 0129, right column, Line 17, by inserting directly after /General/ the following /Education Television Commission/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 14.14, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14.33 was adopted, was taken up.
Rep. WALDROP demanded the yeas and nays, which were not ordered.
The motion to reconsider was agreed to by a division vote of 32 to 17.
The Ways and Means Committee proposed the following Amendment No. 220 (Doc. No. 1821b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 131, line 34, left column proviso #14.33 by striking /July 1/ and by inserting after "after" /October 1/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. WALDROP demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 36 to 20.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14.41 was adopted, was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 39 (Doc. No. 1700b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14-Budget and Control Board, Page 0132, Line 30, left column, proviso 14.41 by striking /These funds may be carried forward into the current fiscal year and expended for the same purpose./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 14.41, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14 Provisos were adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 222 (Doc. No. 1824b), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 136, line 35, right column, by adding an appropriately numbered proviso at the end to read:
/14.__. The Budget and Control Board is directed to reduce agency accounts on a pro rata basis for travel by the amount of $1,840,041 and equipment by the amount of $2,800,000 to compensate for the $4,640,041 reduction in the Base Pay Increase./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 15 Provisos were adopted, was taken up.
Rep. T. ROGERS moved to table the motion, which was agreed to by a division vote of 33 to 21.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 23B was adopted, was taken up.
Rep. J.W. JOHNSON moved to table the motion.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baxley Beasley Blanding Boan Brown, G. Brown, J. Brown, R. Carnell Cole Cork Corning Davenport Derrick Faber Fant Felder Ferguson Foster Glover Gregory Harris, J. Harrison Harwell Hayes Hendricks Hodges Johnson, J.W. Keesley Kinon Kirsh Klapman Koon McAbee McBride McEachin McGinnis McLellan McLeod McTeer Moss Nesbitt Phillips Quinn Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Sturkie Taylor Tucker Waites Waldrop Wells Wilder Wilkes Wright
Those who voted in the negative are:
Alexander, T.C. Barber Barfield Blackwell Burriss, T.M. Cooper Corbett Farr Gordon Hallman Harris, P. Haskins Holt Jaskwhich Keegan Kohn Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McElveen Rama Simpson Vaughn Washington Whipper White Wofford
So, the motion to reconsider was tabled.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 25C was adopted was taken up.
Rep. KIRSH moved to table the motion.
Rep. COOPER 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 36 to 28.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 28 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 223 (Doc. No. 1836b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 326, line 03, opposite "Drvrs Slry/Frn" by inserting in columns (7) and (8) /27,346,880/
Amend further, page 327, line 39, opposite "Educ Fin Act" by inserting in columns (7) and (8) /808,024,120/
Amend further, page 330, line 40, opposite "Alloc EIA-Teacher Slrs" by inserting in column (7) /86,718,810/
Amend further, page 0328, line 26, opposite "EIA-Gift/Talent Prgm" by inserting in column (7) /21,155,535/
Amend further, line 27, opposite "EIA-Mod Voc Equip" by inserting in column (7) /7,500,000/
Amend further, page 329, line 12, opposite "EIA-Basic Skill" by inserting in column (7) /65,346,368/
Amend further, page 0335, line 24, opposite "Debt Service/Bond Program" by inserting in column (7) /4,000,000/
Amend further, page 0339, line 03, opposite "EIA-Continuum Care" by inserting in column (7) /5,454,000/
Amend further, line 11, opposite "School Innovation Grants" by inserting in column (7) /1,820,000/
Amend further, line 12, opposite "EIA Drop-out Program" by inserting in column (7) /4,000,000/
Amend further, line 14, opposite "EIA/Arts Curricula" by inserting in column (7) /1,110,000/
Amend further, line 15, opposite "EIA-Parent Support" by inserting in column (7) /1,317,803/
Amend further, line 17, opposite "Thinking Skills" by inserting in column (7) /350,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. BOAN moved to adjourn debate upon the section, which was adopted.
Rep. HARWELL moved that the House recede until 2:30 P.M., which was rejected by a division vote of 4 to 74.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 28.5 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 224 (Doc. No. 1834b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 346, line 32, left column by striking /5.04/ and by inserting /4.94/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 273 (Doc. No. 1852b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28-State Education Department, Page 0346, left column, Line 37, after the word /provision./ by inserting /$215,000 of the funds appropriated for salaries in the Transportation Division must be used to fund vacancies in bus shops with ten or less employees./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28.5, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 28 Provisos were adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 225 (Doc. No. 1833b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 357, line 19, right column, by adding an appropriately numbered proviso at the end to read:
/28.__. Of the EIA funds appropriated herein for Teacher Salaries, $3.4 million must be provided to the school districts as an enhancement to maintain the base salary schedule./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. McTEER moved to reconsider the vote whereby Section 28.5, as amended, was adopted, which was agreed to.
Rep. McTEER moved to reconsider the vote whereby Amendment No. 224 was adopted, which was agreed to.
Rep. McTEER moved to table the amendment, which was agreed to.
Section 28.5 was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 38A was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 226 (Doc. No. 1826b), which was adopted.
Amend the bill, as and if amended, Part I, Section 38A, Health and Human Services Finance Commission, page 0399, line 08, opposite /Pharmaceutical Services/ by inserting in column (7) /53,978,425/ and in column (8) /14,017,699/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. CARNELL proposed the following Amendment No. 277 (Doc. No. 1859b), which was rejected.
Amend the bill, as and if amended, Part I, Section 38A-HHSFC, Page 0399, Line 08, by inserting in column (7) /67,288,744/ and in column (8) /0/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Baker Barber Blanding Boan Brown, H. Brown, J. Carnell Cooper Corbett Fant Farr Ferguson Gordon Hallman Harris, P. Hayes Hendricks Hodges Holt Keegan Keesley Klapman Koon Manly Mappus Martin, D. Martin, L. Mattos McAbee McElveen McTeer Nesbitt Phillips Rudnick Sheheen Short Stoddard Sturkie Tucker Waites Washington Whipper White Wilder
Those who voted in the negative are:
Alexander, T.C. Bailey, J. Baxley Beasley Brown, G. Brown, R. Bruce Clyborne Cole Cork Davenport Derrick Elliott Foster Glover Harris, J. Harrison Harwell Haskins Huff Jaskwhich Johnson, J.W. Keyserling Kirsh Littlejohn McCain McEachin McGinnis McKay Neilson Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Simpson Smith Snow Taylor Vaughn Wells Wilkes Wofford Wright
So, the amendment was rejected.
Section 38A, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 38A Provisos were 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 39 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 227 (Doc. No. 1842b), which was adopted.
Amend the bill, as and if amended, Part I, Section 39, Dept. of Health and Environmental Control, page 0408, line 15, by inserting in column (7) /878,203/ and in column (8) /838,203/
Amend further, page 0408, line 38, by inserting in column (7) /312,063/ and in column (8) /223,674/
Amend further, page 0409, line 28, by inserting in column (7) /1,698,946/ and in column (8) /139,465/
Amend further, page 409, line 31 by inserting in column (7) /2,301,138/ and in column (8) /189,275/
Amend further, page 0417, line 40, by inserting in column (7) /0/ and in column (8) /0/
Amend further, page 0418, line 07, by inserting in column (7) /8,829,688/ and in column (8) /488,306/
Amend further, page 0418, line 08, by inserting in column (7) /1,639,988/ and in column (8) /60,455/
Amend further, page 0418, line 25, by inserting in column (7) /48,564,587/ and in column (8) /8,258,382/
Amend further, page 0445, line 27, by inserting in column (7) /25,280,851/ and in column (8) /11,739,240/
Amend further, page 0418, line 01, by inserting in column (7) / / and in column (8) / /
Amend further, page 0418, line 10, by inserting in column (7) /1,122,458/ and in column (8) /27,737/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 39, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 39.7 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 228 (Doc. No. 1845b), which was adopted.
Amend the bill, as and if amended, Part I, Section 39, Dept. of Health and Environmental Control, page 0447, line 18, right column by striking /1,381,853/ and inserting /1,131,853/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 39.7, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 39.13 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 229 (Doc. No. 1846b), which was adopted.
Amend the bill, as and if amended, Part I, Section 39, Dept. of Health and Environmental Control, page 0448, line 26, left column, proviso #39.13 by striking /443,524/ and by inserting /223,674/.
Renumber sections to conform.
Amend totals and title to conform.
Section 39.13, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 40 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 230 (Doc. No. 1837b), which was adopted.
Amend the bill, as and if amended, Part I, Section 40, Department of Mental Health, page 0452, line 18, by inserting in column (7) /242,378/ and in column (8) /214,398/
Amend further, page 0453, line 03, by inserting in column (7) /8,960,543/ and in column (8) /3,915,321/
Amend further, page 0454, line 07, by inserting in column (7) /311,318/ and in column (8) /129,096/
Amend further, page 0455, line 21, by inserting in column (7) /7,917,805/ and in column (8) /6,599,668/
Amend further, page 0456, line 08, by inserting in column (7) /9,592,457/ and in column (8) /2,605,321/
Amend further, page 457, line 14, by inserting in column (7) /1,241,034/ and in column (8) /1,077,206/
Amend further, page 458, line 03, by inserting in column (7) /636,827/ and in column (8) /497,376/
Amend further, page 452, line 27, by inserting in column (7) /26,427,744/ and in column (8) /14,895,074/
Amend further, page 454, line 26, by inserting in column (7) /64,638,807/ and in column (8) /62,767,273/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 40, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 41 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 231 (Doc. No. 1835b), which was adopted.
Amend the bill, as and if amended, Part I, Section 41, Department of Mental Retardation, page 0463, line 25, opposite /Contractual Services/ by inserting in column (7) /65,901,042/ and in column (8) /19,966,260/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 41, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 43 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 232 (Doc. No. 1825b), which was adopted.
Amend the bill, as and if amended, Part I, Section 43, Department of Social Services, page 0474, line 06, opposite /Board Payments/ by inserting in column (7) /8,307,956/ and in column (8) /5,486,557/
Amend further, page 0474, line 10, opposite /Children/ by inserting in column (7) /4,502,919/ and in column (8) /2,915,993/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 43, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 52 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 233 (Doc. No. 1817b), which was adopted.
Amend the bill, as and if amended, Part I, Section 52, Department of Corrections, page 0514, line 02, by inserting in column (7) /89,513,039/ and in column (8) /88,263,216/.
Amend further, page 0521, line 02, by inserting in column (7) /32,868,128/ and in column (8) /29,897,341/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 52, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 55 was adopted, was taken up and agreed to.
Reps. BLANDING, H. BROWN and McKAY proposed the following Amendment No. 180 (Doc. No. 1786b), which was adopted.
Amend the bill, as and if amended, Part I, Section 55-Law Enforcement Training Council, Page 0533, by inserting a new line after Line 40 to read:
(7)
/New Positions:
Custodial Worker III 54,080
(4.00)/
Amend further, Page 0536, Line 13, opposite /Employer Contributions/ by inserting in column (7) /673,475/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
The amendment was then adopted.
Section 55, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 57 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 234 (Doc. No. 1829b), which was adopted.
Amend the bill, as and if amended, Part I, Section 57, Water Resources Commission, page 541, line 06, opposite /Contractual Services/ by inserting in column (7) /1,428,786/ and in column (8) /427,528/.
Renumber sections to conform.
Amend totals and title to conform.
Section 57, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 58 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 235 (Doc. No. 1830b), which was adopted.
Amend the bill, as and if amended, Part I, Section 58, State Land Resources Conservation Commission, page 0543, line 40, opposite /Aid to Conservation Districts/ by inserting in column (7) /440,007/ and in column (8) /440,007/.
Renumber sections to conform.
Amend totals and title to conform.
Section 58, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 59 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 236 (Doc. No. 1831b), which was adopted.
Amend the bill, as and if amended, Part I, Section 59, State Forestry Commission, page 549, line 30, opposite /Contractual Services/ by inserting in column (7) /518,748/ and in column (8) /308,780/
Amend Further, page 549, line 31, opposite /Supplies and Materials/ by inserting in column (7) /1,505,733/ and in column (8) /1,234,651/.
Renumber sections to conform.
Amend totals and title to conform.
Section 59, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 60 was adopted was taken up, and agreed to.
The Ways and Means Committee proposed the following Amendment No. 237 (Doc. No. 1827b), which was adopted.
Amend the bill, as and if amended, Part I, Section 60, Department of Agriculture, page 0554, line 35, opposite /Chemist III/ by inserting in column (7) /0/ and in column (8) /0/
Amend further, page 0554, line 36 by inserting in column (7) /0/ and in column (8) /0/
Amend further page 0554, line 40, opposite /Temporary Positions/ by inserting in column (7) /13,616/ and in column (8) /13,616/.
Renumber sections to conform.
Amend totals and title to conform.
The Ways and Means Committee proposed the following Amendment No. 238 (Doc. No. 1828b), which was adopted.
Amend the bill, as and if amended, Part I, Section 60, Department of Agriculture, page 0555, line 04, opposite /Supplies and Materials/ by inserting in column (7) /81,663/ and in column (8) /81,663/
Amend further, page 0558, line 04, opposite /Employer Contributions/ by inserting in column (7) /1,232,628/ and in column (8) /872,887/.
Renumber sections to conform.
Amend totals and title to conform.
Section 60, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 61 was adopted, was taken up, and agreed to.
The Ways and Means Committee proposed the following Amendment No. 239 (Doc. No. 1832b), which was adopted.
Amend the bill, as and if amended, Part I, Section 61, Clemson PSA, page 559, line 19, opposite /Contractual Services/ by inserting in column (7) /161,617/ and in column (8) /144,848/
Amend further, page 559, line 22, opposite /Travel/ by inserting in column (7) /90,775/ and in column (8) /76,401/
Amend further, page 563, line 16, opposite /Contractual Services/ by inserting in column (7) /1,633,215/ and in column (8) /1,048,882/
Amend further, page 563, line 17, opposite /Supplies and Materials/ by inserting in column (7) /902,892/ and in column (8) /661,370/
Amend further, page 563, line 19, opposite /Travel/ by inserting in column (7) /1,097,703/ and in column (8) /664,469/.
Renumber sections to conform.
Amend totals and title to conform.
Section 61, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 63 was adopted, was taken up and agreed to.
The Ways and Means Committee proposed the following Amendment No. 240 (Doc. No. 1840b), which was adopted.
Amend the bill, as and if amended, Part I, Section 63, Wildlife and Marine Resources, page 0569, line 40, by inserting in column (7) /363,246/ and in column (8) /35,541/
Amend further, page 0570, line 01, by inserting in column (7) /300,592/ and in column (8) /20,000/
Amend further, page 0570, line 18, by inserting in column (7) /43,271/ and in column (8) /7,500/
Amend further, page 0570, line 19, by inserting in column (7) /49,646/ and in column (8) /46,441/.
Renumber sections to conform.
Amend totals and title to conform.
Section 63, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 66 was adopted, was taken up and agreed to.
Rep. BAXLEY proposed the following Amendment No. 209 (Doc. No. 1805b), which was adopted.
Amend the bill, as and if amended, Part I, Section 66-PRT, Page 0585, Line 14, opposite /Alloc. Entities/ by inserting in column (7) /3,246,125/ and in column (8) /19,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. HOLT moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 3 to 52.
The question then recurred to the adoption of the amendment, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 241 (Doc. No. 1822b), which was adopted.
Amend the bill, as and if amended, Part I, Section 66, Department of Parks, Recreation and Tourism, page 586, line 20, opposite /Advertising/ by inserting in column (7) /3,552,153/ and in column (8) /2,376,737/.
Renumber sections to conform.
Amend totals and title to conform.
Section 66, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 79A was adopted, was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 127 (Doc. No. 1751b), which was adopted.
Amend the bill, as and if amended, Part I, Section 79-Board of Financial Institutions, Page 0624, Line 04, by inserting in column (7) /1,493/ and in column (8) /1,493/
Amend further, Page 0626, Line 08, by inserting in column (7) /795/ and in column (8) /795/.
Renumber sections to conform.
Amend totals and title to conform.
Section 79A, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 91 was adopted, was taken up and agreed to.
Rep. McLELLAN proposed the following Amendment No. 128 (Doc. No. 1750b), which was adopted.
Amend the bill, as and if amended, Part I, Section 91-Cemetery Board, Page 0659, Line 07, by inserting in column (7) /1,250/ and in column (8) /1,250/.
Renumber sections to conform.
Amend totals and title to conform.
Section 91, as amended, was adopted.
Debate was resumed on Section 119.
The Ways and Means Committee proposed the following Amendment No. 242 (Doc. No. 1813b), which was adopted.
Amend the bill, as and if amended, Part I, Section 119, Debt Service, page 688, line 06, by inserting in column (7) /112,087,392/ and in column (8) /112,087,392/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 122.
Rep. T. ROGERS proposed the following Amendment No. 159 (Doc. No. 1759b), which was tabled.
Amend the bill, as and if amended, Part I, Section 122-Aid to Subdivisions, Page 0692, Line 08, opposite /Aid to Co.-Homestead Exempt./ by inserting in column (7) /26,244,222/ and in column (8) /26,244,222/
Amend further, Line 16, opposite /Aid to Mun.-Homestead Exempt./ by inserting in column (7) /6,507,837/ and in column (8) /6,507,837/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. T. ROGERS spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, K. Baxley Beasley Bennett Blanding Boan Brown, H. Brown, R. Burch Carnell Elliott Foster Gentry Glover Gordon Gregory Harris, J. Hayes Hendricks Hodges Holt Huff Jaskwhich Keesley Keyserling Kirsh Koon Limehouse Littlejohn Martin, D. Martin, L. Mattos McAbee McCain McEachin McGinnis McLellan McLeod McTeer Moss Nettles Rhoad Sheheen Short Simpson Snow Wells White Wilder Wilkins Winstead Wofford
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Baker Barber Blackwell Brown, G. Brown, J. Bruce Burriss, M.D. Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Faber Fant Farr Ferguson Hallman Harris, P. Harrison Harwell Haskins Johnson, J.C. Keegan Mappus McBride McElveen McKay Neilson Nesbitt Quinn Rama Rogers, J. Rogers, T. Rudnick Smith Sturkie Taylor Tucker Vaughn Waites Waldrop Washington Whipper Wilkes Wright
So, the amendment was tabled.
Section 122 was adopted.
Section 122.1 was adopted.
Section 122.2 was adopted.
Section 122.3 was adopted.
Section 122.4 was adopted.
Section 122.5 was adopted.
Section 122.6 was adopted.
Section 122.7 was adopted.
Section 122.8 was adopted.
Section 122.9 was adopted.
Section 122.10 was adopted.
Section 122.11 was adopted.
Section 122.12 was adopted.
Section 122.13 was adopted.
Section 122.14 was adopted.
Section 122.16 was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the section, which was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 4 was tabled, was taken up.
Rep. McCAIN moved to table the motion, which was agreed to by a division vote of 48 to 39.
The motion of Rep. McCAIN to reconsider the vote whereby Section 7 was tabled, was taken up.
Rep. McCAIN moved to table the motion to reconsider, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 91 (Doc. No. 1030X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 0728, right column, by striking SECTION 7 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO FIVE MILLS THE TAX ON EACH CIGARETTE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute for tobacco, five mills on each cigarette;"
B. This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title and totals to conform.
Rep. BEASLEY moved to table the amendment, which was agreed to by a division vote of 62 to 15.
Rep. RUDNICK proposed the following Amendment No. 93 (Doc. No. 1031X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 0728, right column, by striking SECTION 7 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO FIVE AND ONE-HALF MILLS THE TAX ON EACH CIGARETTE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute for tobacco, five and one-half mills on each cigarette;"
B. This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title and totals to conform.
Rep. R. BROWN moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 94 (Doc. No. 1029X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 0728, right column, by striking SECTION 7 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO FOUR AND ONE-HALF MILLS THE TAX ON EACH CIGARETTE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute for tobacco, four and one-half mills on each cigarette;"
B. This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title and totals to conform.
Rep. BARFIELD moved to table the amendment, which was agreed to.
Rep. RUDNICK proposed the following Amendment No. 95 (Doc. No. 1009X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 0728, right column, by striking SECTION 7 and inserting:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE FROM THREE AND ONE-HALF MILLS TO FOUR MILLS THE TAX ON EACH CIGARETTE.
A. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute for tobacco, four mills on each cigarette;"
B. This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title and totals to conform.
Rep. McKAY moved to table the amendment, which was agreed to by a division vote of 72 to 11.
Rep. SIMPSON proposed the following Amendment No. 218 (Doc. No. 1160X), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTIONS 12-21-1850 AND 12-21-2120 OF THE 1976 CODE, RELATING TO THE TAX ON BOTTLED SOFT DRINKS, SO AS TO INCREASE THE TAX FROM ONE CENT TO TWO CENTS FOR EACH TWELVE OUNCES OR FRACTIONAL PART AND TO INCREASE THE ALTERNATIVE METHOD FROM ONE DOLLAR AND TWENTY-TWO CENTS A GROSS FOR EACH ONE CENT OF FACE VALUE TO TWO DOLLARS AND FORTY-FOUR CENTS A GROSS.
A. Section 12-21-1850 of the 1976 Code is amended to read:
"Section 12-21-1850. Any person offering soft drinks for sale in a sealed container shall pay the license tax at the rate of two cents for each twelve ounces or fractional part thereof."
B. Section 12-21-2120 of the 1976 Code is amended to read:
"Section 12-21-2120. Each manufacturer, wholesaler, distributor, or retailer first receiving untaxed bottled soft drinks, syrups, premixed soft drink, or powders and bases for sale or disposition in this State is subject to a tax at the rate of two dollars and forty-four cents a gross for each two cents of face value in the case of bottled soft drinks and a tax at the rates prescribed in this article for syrups, premixed soft drink, or powders and bases. Each manufacturer, wholesaler, distributor, or retailer required to pay the tax shall make a report to the commission, in the form as the commission may prescribe, of all bottled soft drinks, syrups, premixed soft drink, powders and bases sold or disposed of in this State and pay the taxes due thereon not later than the twentieth day of the month next succeeding the month of the sale or disposition."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMPSON explained the amendment.
Rep. MAPPUS raised the Point of Order that Amendment No. 218 was out of order as it was not germane in that the proposed tax would affect more than 50 percent of the population.
Rep. McEACHIN then stated that it was in violation of a Code Section.
Rep. SIMPSON argued contra the Point.
Rep. FARR then inquired about whether or not the tax would affect more than 50 percent of the population and who would be included in that population.
SPEAKER Pro Tempore J. ROGERS, citing Part B of 11-11-440 of the Code, stated that you could not put in new taxes that would affect more that 50 percent of the population.
Rep. LIMEHOUSE then stated if the House sometimes ignored the mandates of the Code with regards to funding, then the House could ignore the mandates of the Code with regards to prohibition.
Rep. McEACHIN then stated that there was ample precedence where the SPEAKER had ruled that 11-11-440 precluded any general tax increase being included in the General Appropriations Bill.
Rep. SIMPSON continued arguing contra the Point.
SPEAKER Pro Tempore J. ROGERS, citing 11-11-440 of the Code, sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 270 (Doc. No. 1020o), which was rejected, later reconsidered and adopted.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO AMEND SECTION 35-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE UNIFORM SECURITIES ACT, SO AS TO DEFINE THE TERM "INVESTMENT ADVISER REPRESENTATIVE", TO AMEND SECTION 35-1-310, RELATING TO EXEMPT SECURITIES, SO AS TO FURTHER PROVIDE FOR CERTAIN SECURITIES WHICH ARE EXEMPT, TO AMEND SECTIONS 35-1-420, 35-1-440, 35-1-510, 35-1-520, 35-1-550, 35-1-560, 35-1-570, AND 35-1-580 OF THE 1976 CODE, RELATING TO THE REGISTRATION OF BROKER-DEALERS, AGENTS, INVESTMENT ADVISERS, AND CERTAIN PROCEDURES FOR AND REQUIREMENTS OF REGISTRATION, SO AS TO FURTHER PROVIDE FOR THESE REGISTRATION REQUIREMENTS AND FOR THE REGISTRATION OF INVESTMENT ADVISER REPRESENTATIVES, AND TO AMEND SECTION 35-1-480, RELATING TO REGISTRATION FEES, SECTION 35-1-900, RELATING TO FILING FEES FOR REGISTRATION STATEMENTS, AND SECTION 35-1-980, RELATING TO AMENDED REGISTRATION STATEMENTS AND THE FILING FEES FOR THE AMENDED STATEMENTS, SO AS TO REVISE THESE FEES.
(1) Section 35-1-20 of the 1976 Code is amended by adding a new item (6A) to read:
"(6A) 'Investment adviser representative' means a partner, officer, director, individual occupying a similar status or performing similar functions, or other individual employed by or associated with an investment adviser, except clerical personnel, who:
(a) makes any recommendations or otherwise renders advice regarding securities directly to clients,
(b) manages accounts or portfolios of clients,
(c) determines which recommendations or advice regarding securities must be given,
(d) solicits, offers, or negotiates for the sale of or sells investment advisory services, or
(e) directly supervises investment adviser representatives, unless the investment adviser representatives are already required to register due to their role as supervisors."
(2) Item (7) of Section 35-1-310 of the 1976 Code is amended to read:
"(7) Securities listed on stock exchanges.--Any security listed or approved for listing upon notice of issuance on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the NASDAQ/National Market System, or other securities exchange as the Securities Commissioner by regulation may designate, any other security of the same issuer which is of senior or substantially equal rank, any security called for by subscription rights or warrants so listed or approved or any warrant or right to purchase or subscribe to any of the foregoing;".
(3) Section 35-1-420 of the 1976 Code is amended to read:
"Section 35-1-420. It is unlawful for any person to transact business in this State as an investment adviser or investment adviser representative unless (a) he is so registered under this chapter, (b) he is registered as a broker-dealer without the imposition of a condition under item (5) of Section 35-1-530 or (c) his only clients in this State are investment companies as defined in the Investment Company Act of 1940 or insurance companies."
(4) Section 35-1-440 of the 1976 Code is amended to read:
"Section 35-1-440. A broker-dealer, agent, investment adviser, or investment adviser representative may obtain an initial or renewal registration by filing with the Securities Commissioner an application together with a consent to service of process pursuant to Section 35-1-1410. The application must contain whatever information the Securities Commissioner by regulation requires concerning these matters as (a) the applicant's form and place of organization, (b) the applicant's proposed method of doing business, (c) the qualifications and business history of the applicant, (d) in the case of a broker-dealer or investment adviser, the qualifications and business history of any partner, officer or director, any person occupying a similar status or performing similar functions or any person directly or indirectly controlling the broker-dealer or investment adviser, (e) in the case of an investment adviser, the qualifications and business history of any employee, (f) any injunction or administrative order or conviction of a misdemeanor involving a security or any aspect of the securities business and any conviction of a felony and (g) the applicant's financial condition and history."
(5) Section 35-1-480 of the 1976 Code is amended to read:
"Section 35-1-480. Every applicant for initial or renewal registration shall pay the following filing fees:
(1) Broker-dealer $200.00
(2) Agent $ 50.00
(3) Investment adviser $200.00
(4) Investment adviser representative $ 50.00.
When the application is denied or withdrawn, the filing fee must not be refunded."
(6) Section 35-1-510 of the 1976 Code is amended to read:
"Section 35-1-510. Registered broker-dealers, agents, investment advisers, and investment adviser representatives shall post surety bonds in amounts of fifty thousand dollars for broker-dealers and investment advisers and ten thousand dollars for agents and investment adviser representatives, conditioned that the registrant will comply with the provisions of this chapter and those orders and regulations as the commissioner may from time to time prescribe. The bond may be so drawn as to cover the original registration and any renewal of the bond. Any appropriate deposit of cash or securities must be accepted in lieu of the bond. Every bond must provide that no suit may be maintained to enforce any liability on the bond unless brought within two years after the sale or other act upon which the suit is based and must also provide that the liability of the surety on each bond to all persons aggrieved may in no event exceed in the aggregate the penal sum of the bond. No bond is required for persons who are members of the National Association of Security Dealers, Inc., or the Securities Investor Protection Corporation."
(7) (A) Section 35-1-520(1)(v) of the 1976 Code is amended to read:
"(v) Is the subject of an order of the Securities Commissioner denying, suspending, or revoking registration as a broker-dealer, agent, investment adviser, or investment adviser representative;".
(B) Section 35-1-520(1)(vi) of the 1976 Code is amended to read:
"(vi) Is the subject of an order entered within the past five years by the securities administrator of any other state or by the Securities and Exchange Commission denying or revoking registration as a broker-dealer, agent, investment adviser, or investment adviser representative or the substantial equivalent of those terms as defined in this chapter, is the subject of an order of the Securities and Exchange Commission suspending or expelling him from a national securities exchange or national securities association registered under the Securities Exchange Act of 1934 or is the subject of a United States post office fraud order; but (1) the Securities Commissioner may not institute a revocation or suspension proceeding under this item (vi) more than one year from the date of the order relied on and (2) he may not enter an order under this item (vi) on the basis of an order under another state act unless that order was based on facts which would currently constitute a ground for an order under this section;".
(8) Section 35-1-550 of the 1976 Code is amended to read:
"Section 35-1-550. The Securities Commissioner may by order summarily postpone or suspend registration pending final determination of any proceeding under this section. Upon the entry of the order, the Securities Commissioner shall promptly notify the applicant or registrant, as well as the employer or prospective employer if the applicant or registrant is an agent or investment adviser representative, that it has been entered and of the reasons for the order and that within fifteen days after the receipt of a written request the matter will be set down for hearing. If no hearing is requested and none is ordered by the Securities Commissioner, the order remains in effect until it is modified or vacated by the Securities Commissioner. If a hearing is requested or ordered, the Securities Commissioner, after notice of and opportunity for hearing, may modify or vacate the order or extend it until final determination."
(9) Section 35-1-560 of the 1976 Code is amended to read:
"Section 35-1-560. If the Securities Commissioner finds that any registrant or applicant for registration is no longer in existence or has ceased to do business as a broker-dealer, agent, investment adviser, or investment adviser representative, or is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be located after reasonable search, the Securities Commissioner may by order cancel the registration or application."
(10) Section 35-1-570 of the 1976 Code is amended to read:
"Section 35-1-570. Withdrawal from registration as a broker-dealer, agent, investment adviser, or investment adviser representative becomes effective thirty days after receipt of an application to withdraw or within that shorter period of time as the Securities Commissioner may determine, unless a revocation or suspension proceeding is pending when the application is filed or a proceeding to revoke or suspend or to impose conditions upon the withdrawal is instituted within thirty days after the application is filed. If a proceeding is pending or instituted, withdrawal becomes effective at that time and upon those conditions as the Securities Commissioner by order determines. If no proceeding is pending or instituted and withdrawal automatically becomes effective, the Securities Commissioner may nevertheless institute a revocation or suspension proceeding under item (ii) of subsection (1) of Section 35-1-520 within one year after withdrawal became effective and enter a revocation or suspension order as of the last date on which registration was effective."
(11) Section 35-1-580 of the 1976 Code is amended to read:
"Section 35-1-580. No order may be entered under any part of Sections 35-1-520 to 35-1-570 except the first sentence of Section 35-1-550 without (a) appropriate prior notice to the applicant or registrant, as well as the employer or prospective employer if the applicant or registrant is an agent or investment adviser representative, (b) opportunity for hearing, and (c) written findings of fact and conclusions of law."
(12) Section 35-1-900 of the 1976 Code is amended to read:
"Section 35-1-900. Every person filing a registration statement shall pay a filing fee of five hundred dollars. No registration statement may be renewed or reregistered unless another filing fee of five hundred dollars is paid. When a registration statement is withdrawn before the effective date or a preeffective stop order is entered under Sections 35-1-1010 to 35-1-1050, the Securities Commissioner shall retain the entire filing fee."
(13) Section 35-1-980 of the 1976 Code is amended to read:
"Section 35-1-980. A registration statement relating to a security issued by a face-amount certificate company or a redeemable security issued by an open-end management company or unit investment trust, as those terms are defined in the Investment Company Act of 1940, may be amended after its effective date so as to increase the securities specified as proposed to be offered. The amendment becomes effective when the Securities Commissioner orders."
(14) The caption to Article 5, Chapter 1 of Title 35 of the 1976 Code is amended to read:
"Broker-Dealers, Agents, Investment Advisers, and Investment Adviser Representatives".
(15) This section takes effect July 1, 1990./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then rejected by a division vote of 36 to 37.
Rep. LIMEHOUSE moved to reconsider the vote whereby Amendment No. 270 was rejected.
Rep. BAKER moved to table the motion to reconsider.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The House refused to table the motion to reconsider by a division vote of 35 to 56.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. McTEER, McCAIN and CORNING spoke in favor of the amendment.
Rep. KOHN spoke against the amendment.
Rep. KOHN moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Baker Barfield Baxley Blackwell Brown, H. Bruce Burriss, M.D. Clyborne Cole Corbett Cork Davenport Elliott Foster Hallman Harrison Harvin Haskins Holt Jaskwhich Johnson, J.C. Keegan Kirsh Klapman Kohn Koon Limehouse Littlejohn Mappus Martin, L. McGinnis Moss Nesbitt Quinn Rama Simpson Sturkie Vaughn Waldrop Wells Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, K. Barber Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Burch Carnell Cooper Faber Fant Farr Felder Ferguson Gentry Glover Gordon Harris, J. Harris, P. Harwell Hayes Hendricks Hodges Huff Keesley Keyserling Kinon Manly Martin, D. Mattos McAbee McBride McCain McElveen McKay McLeod McTeer Neilson Nettles Phillips Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Taylor Tucker Waites Washington Whipper White Wilder Wilkes Wilkins
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CARNELL proposed the following Amendment No. 284 (Doc. No. 1164X), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO INCREASE THE TAX ON CIGARETTES FROM THREE AND ONE-HALF MILLS ON EACH CIGARETTE TO THREE AND THREE-QUARTERS ON EACH CIGARETTE FROM JULY 1, 1990 THROUGH JUNE 30, 1992, AND TO PROVIDE FOR THE DISTRIBUTION OF THE REVENUE FROM THIS TAX.
In addition to the tax imposed by Section 12-21-620(5) of the 1976 Code for the period beginning July 1, 1990, through June 30, 1992, there is imposed a tax of one-quarter mill on each cigarette. The revenue from this tax must be distributed to the Health and Human Services Finance Commission for use in funding the medicaid drug program for prescriptions./
Renumber sections to conform.
Amend title and totals to conform.
Rep. CARNELL explained the amendment.
Rep. SNOW moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Brown, G. Brown, R. Bruce Burriss, M.D. Clyborne Cole Corbett Cork Corning Davenport Elliott Fant Farr Felder Ferguson Glover Gordon Hallman Harrison Harvin Harwell Haskins Huff Jaskwhich Keegan Keyserling Kinon Kirsh Kohn Limehouse Littlejohn Martin, L. McCain McGinnis McKay McLeod Moss Neilson Nettles Quinn Rama Rhoad Rogers, J. Sheheen Simpson Smith Snow Tucker Vaughn Waldrop Wells Wilder Wilkes Wilkins Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Blanding Boan Brown, H. Brown, J. Burch Carnell Cooper Foster Gentry Harris, P. Hayes Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keesley Klapman Koon Manly Mappus Martin, D. Mattos McAbee McElveen McLellan McTeer Rudnick Short Sturkie Waites Whipper White Winstead
So, the amendment was tabled.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby Section 4 was adopted, was taken up and agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 4 was adopted, was taken up.
Rep. WILKINS moved to table the motion to reconsider, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby Section 10 was adopted, was taken up and agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 10 was adopted, was taken up and agreed to by a division vote of 51 to 7.
Rep. RUDNICK proposed the following Amendment No. 63 (Doc. No. 1723b), which was tabled.
Amend the bill, as and if amended, Part I, Section 10-Attorney General's Office, Page 0066, Line 03, by inserting in columns (7) and (8) /72,162/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. FELDER, COLE, HASKINS, BAKER, H. BROWN, WOFFORD, SHEHEEN, J.W. JOHNSON, WILKINS, SHORT, BOAN, KEESLEY, HUFF, J. ROGERS and H. BROWN proposed the following Amendment No. 25 (Doc. No. 1011X), which was adopted.
Amend the bill, as and if amended, Part I, Section 10 (Attorney General's Office), p. 0066, lines 36 and 37, by inserting in columns (7) and (8):
/3,431,129/.
Amend further, p. 0068, left-hand side, line 11, by striking /80 cents/ and inserting /$1.10/.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted by a division vote of 77 to 10.
Section 10, as amended, was adopted.
The SPEAKER granted Rep. LIMEHOUSE a leave of absence for the remainder of the day.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on the motion to reconsider the vote whereby Section 14L was adopted, was taken up and agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14L was adopted, was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on Section 14Q, which was agreed to.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 14Q was adopted was taken up.
Rep. McLELLAN moved to table the motion, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 14.33, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 221 (Doc. No. 1819b)), which was adopted.
Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 131, line 37, left column by striking /July 1/ and by inserting after "after" /October 1/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 14.33, as amended, was adopted.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 28, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 223 (Doc. No. 1836b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28, State Education Department, page 326, line 03, opposite "Drvrs Slry/Frn" by inserting in columns (7) and (8) /27,346,880/
Amend further page 327, line 39, opposite "Educ Fin Act" by inserting in columns (7) and (8) /808,024,120/
Amend further, page 330, line 40, opposite "Alloc EIA-Teacher Slrs" by inserting in column (7) /86,718,810/
Amend further, page 0328, line 26, opposite "EIA-Gift/Talent Prgm" by inserting in column (7) /21,155,535/
Amend further, line 27, opposite "EIA-Mod Voc Equip" by inserting in column (7) /7,500,000/
Amend further, page 329, line 12, opposite "EIA-Basic Skill" in by inserting in column (7) /65,346,368/
Amend further, page 0335, line 24, opposite "Debt Service/Bond Program" by inserting in column (7) /4,000,000/
Amend further, page 0339, line 03, opposite "EIA-Continuum Care" by inserting in column (7) /5,454,000/
Amend further, line 11, opposite "School Innovation Grants" by inserting in column (7) /1,820,000/
Amend further, line 12, opposite "EIA Drop-out Program" by inserting in column (7) /4,000,000/
Amend further, line 14, opposite "EIA/Arts Curricula" by inserting in column (7) /1,110,000/
Amend further, line 15, opposite "EIA-Parent Support" by inserting in column (7) /1,317,803/
Amend further, line 17, opposite "Thinking Skills" by inserting in column (7) /350,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN moved to adjourn debate upon the section, which was adopted.
Rep. MATTOS moved to reconsider the vote whereby Section 39 was adopted, which was agreed to.
Reps. MATTOS and WRIGHT proposed the following Amendment No. 290 (Doc. No. 1866b), which was adopted.
Amend the bill, as and if amended, Part I, Section 39-Department of Health and Environmental Control, Page 0417, Line 40, by inserting in column (7) /293,141/ and in column (8) /293,141/
Amend further, Page 0418, Line 01, by inserting in column (7) /(15.00)/ and in column (8) /(15.00)/
Amend further, Page 0418, Line 07, by inserting in column (7) /9,161,642/ and in column (8) /820,260/
Amend further, Page 0418, Line 08, by inserting in column (7) /1,657,988/ and in column (8) /78,455/
Amend further, Page 0418, Line 10, by inserting in column (7) /1,156,208/ and in column (8) /61,487/
Amend further, Page 0445, Line 27, by inserting in column (7) /25,407,461/ and in column (8) /11,802,545/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Section 39, as amended, was adopted.
Rep. MATTOS moved to reconsider the vote whereby Section 41 was adopted, which was agreed to.
Rep. MATTOS proposed the following Amendment No. 286 (Doc. No. 1865b), which was adopted.
Amend the bill, as and if amended, Part I, Section 41, Dept of MR page 463, line 25, by inserting in column (7) /62,076,542/ and in column (8) /20,823,260/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Section 41, as amended, was adopted.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 119, which was agreed to.
Rep. McLELLAN proposed the following Amendment No. 268 (Doc. No. 1813b), which was adopted.
Amend the bill, as and if amended, Part I, Section 119, Debt Service, page 688, line 06, by inserting in column (7) /112,087,392/ and in column (8) /112,087,392/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McLELLAN proposed the following Amendment No. 285 (Doc. No. 1844b), which was adopted.
Amend the bill, as and if amended, Part I, Section 119-Debt Service, Page 0688, Line 06, by inserting in column (7) /111,973,776/ and in column (8) /111,973,776/
Amend further, Line 07, by inserting in column (7) /2,623,125/ and in column (8) /2,623,125/
Amend further, Line 12, by inserting in column (7) /3,281,588/ and in column (8) /3,281,588/
Amend further, Line 24, by inserting in column (7) /273,000/ and in column (8) /273,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 119, as amended, was adopted.
Section 119.1 was adopted.
Section 119.2 was adopted.
Section 119.3 was adopted.
Section 119.4 was adopted.
Section 119.5 was adopted.
Section 119.6 was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 124 Provisos were adopted was taken up.
Rep. McTEER moved to table the motion.
Rep. BRUCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barber Beasley Bennett Blackwell Boan Brown, H. Brown, R. Burch Burriss, M.D. Elliott Foster Gentry Glover Gordon Gregory Harris, J. Harwell Hayes Hodges Johnson, J.W. Keegan Keesley Keyserling Manly Martin, D. Martin, L. Mattos McKay McLellan McTeer Nettles Rogers, J. Rogers, T. Rudnick Sheheen Short Simpson Snow Tucker Waites Washington Whipper White Wilkins Winstead
Those who voted in the negative are:
Baker Barfield Baxley Blanding Brown, G. Brown, J. Bruce Carnell Clyborne Cole Cooper Corbett Cork Corning Davenport Faber Fant Farr Felder Hallman Harrison Harvin Holt Jaskwhich Kinon Kirsh Kohn Koon Littlejohn Mappus McAbee McBride McCain McGinnis McLeod Moss Neilson Quinn Rama Rhoad Sharpe Smith Sturkie Vaughn Wells Wilder Wilkes Wofford Wright
So, the motion to reconsider was tabled.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 128, which was agreed to.
Rep. McLELLAN proposed the following Amendment No. 293 (Doc. No. 1849b), which was adopted.
Amend the bill, as and if amended, Part I, Section 128-Estimate of General, School, Highway and Education Improvement Act Revenue, Fiscal Year 1990-1991, Page 711K, Line 2, Opposite /Retail Sales Tax/ by inserting in column (Ways and Means Estimated FY 1990-91) /1,187,285,094/
Amend further, Line 04, opposite /Individual/ by inserting in column (Ways and Means Estimated FY 1990-91) /1,486,957,548/.
Amend further, Line 14, opposite /Business License Tax/ by inserting in column (Ways and Means Estimated FY 1990-91) /30,587,000/
Amend further, Line 20, opposite /Departmental Revenue/ by inserting in column (Ways and Means Estimated FY 1990-91) /36,952,050/
Amend further, line 36, opposite /Severance Tax/ by inserting in column (Ways and Means Estimated FY 1990-91) /0/
Amend further, Page 711L, Line 09, opposite /Education Improvement Act/ by inserting in column (Ways and Means Estimated FY 1990-91) /298,721,274/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 128, as amended, was adopted.
Rep. BOAN moved to reconsider the vote whereby debate was adjourned on Section 28, which was agreed to.
Rep. BOAN proposed the following Amendment No. 292 (Doc. No. 1872b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28-State Education Department, Page 0327, Line 39, Opposite /Educ Fin Act/ by inserting in columns (7) and (8) /808,819,457/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28, as amended, was adopted.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Section 127, which was agreed to.
Section 127 was adopted with totals to be conformed as to amendments on other sections.
Rep. HASKINS spoke in favor of the Bill.
Rep. BOAN moved to reconsider the vote whereby Section 28 was adopted, which was agreed to.
Rep. BOAN proposed the following Amendment No. 294 (Doc. No. 1857b), which was adopted.
Amend the bill, as and if amended, Part I, Section 28-State Education Department, Page 0327, Line 39, opposite /Educ Fin Act/ by inserting in columns (7) and (8) /808,612,457/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 28, as amended, was adopted.
Rep. McLELLAN moved to table all pending motions to reconsider, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. GORDON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Carnell Clyborne Cole Cooper Cork Corning Derrick Elliott Fant Farr Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hodges Holt Huff Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McCain McElveen McGinnis McKay McLellan McLeod McTeer Neilson Nettles Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Stoddard Sturkie Tucker Vaughn Waites Waldrop Washington Whipper White Wilder Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, G. Blackwell Corbett Felder Kohn Moss Quinn Wells Wofford
So, the Bill, as amended, was read the second time and ordered to third reading.
Due to a death in my family I must leave while the budget process goes on. Had I been able to stay I would have voted against the budget in its present form. For a number of reasons.
1st - Cut in Public Education
2nd - Cut in State Emp. pay plan
3rd - Cut in Health and Human Services
Rep. C.D. CHAMBLEE
I respectfully cast no vote on this budget. While it is balanced and does not exaggerate anticipated income, it unfortunately does not spend state revenue in a fair manner. Until this State adopts a zero based budget we will not be able to cut state spending in a fiscally responsible manner and will not be able to adequately fund necessary programs while maintaining a hard line on tax increases.
Rep. JAMES C. JOHNSON
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
At 5:40 P.M. the House in accordance with the motion of Rep. TUCKER adjourned in memory of Ernest Chamblee, Jr., Rep. C.D. Chamblee's brother to meet at 12:00 Noon, Tuesday, March 20.
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Tuesday, June 30, 2009 at 1:21 P.M.