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:
O God Whose love is beyond limit and Whose wisdom surpasses our highest thoughts and Whose power strengthens us for every worthy endeavor, help us to live every day that "every yesterday shall be a dream of happiness and every tomorrow a vision of hope". Teach us the value of the truth that no life accomplishes things worthwhile until it is focused, dedicated and disciplined. Accordingly may we live our lives focused on Your teachings, dedicated to Your will, and disciplined by Your commandments.
To our Heavenly Father, we give unending 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 received.
Document No. 1224
Promulgated By Department of Highways and Public Transportation
Approval, Installation and Inspection Procedures of Sunscreening
Referred to House Committee on Education and Public Works
House Education and Public Works Committee Requested Withdrawal May 31, 1990
Resubmitted March 11, 1991
Revised Expiration Date March 31, 1991
Rep. CORBETT moved that when the House adjourns it adjourn in memory of Wallace Skeen of Myrtle Beach, which was agreed to.
On motion of Rep. HOUCK, with unanimous consent, the following was taken up for immediate consideration:
H. 3673 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 14, 1991, FOR ITS ANNUAL STATE HOUSE MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 14, 1991, for its annual State House meeting. If either house is in statewide session, the chamber of that house may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. McCAIN, with unanimous consent, the following was taken up for immediate consideration:
H. 3674 -- Rep. McCain: A CONCURRENT RESOLUTION TO DESIGNATE THE MONTH OF MARCH, 1991, AS NATIONAL NUTRITION MONTH IN SOUTH CAROLINA.
Whereas, in response to growing public interest in fitness, diet, and nutrition National Nutrition Week was initiated in 1973 and became a month-long observance in 1980; and
Whereas, South Carolinians spend millions of dollars annually in the pursuit of health and fitness, National Nutrition Month is dedicated to helping the public establish nutritionally sound eating habits and make informed food choices; and
Whereas, the theme of this month-long effort to increase awareness of the importance and pleasure of a healthy lifestyle is "Bite Into A Healthy Lifestyle"; and
Whereas, the South Carolina Dietetic Association is a statewide nonprofit organization with over 450 registered dietitians and nutritionists, whose members represent a range of practical areas including public health, sports nutrition, corporate wellness, diet counseling for weight management, cholesterol reduction, pediatric nutrition, eating disorders, and food service management in hospitals, long-term health care facilities, education, and research; and
Whereas, programs and services offered by the South Carolina Dietetic Association include the establishment and enforcement of standards for academic training and practice in clinical nutrition, food service management, and community dietetics. The SCDA also sponsors a number of continuing education programs for its members throughout the year; and
Whereas, the SCDA is active in recruiting students to the field of nutrition. In South Carolina, Winthrop College, Clemson University, and South Carolina State College offer four-year and six-year programs in nutrition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the month of March, 1991, is designated National Nutrition Month in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to Barbara McCann, M.S., R.D., president of the South Carolina Dietetic Association and chief dietitian at Orangeburg-Calhoun Regional Hospital.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3675 -- Reps. Baxley, G. Brown, Gentry, McElveen, McLeod, Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Beasley, Beatty, Bennett, Boan, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE C. ALEX HARVIN, JR., OF CLARENDON COUNTY FOR HIS ELEVEN YEARS OF OUTSTANDING SERVICE ON THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, EXTENDING BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE COMMISSION, AND DESIGNATING HIM AS VICE CHAIRMAN EMERITUS OF THE COMMISSION.
Whereas, the Honorable C. Alex Harvin, Jr., of Clarendon County has served on the South Carolina Mental Health Commission since June 5, 1980; and
Whereas, he is currently the commission's vice chairman; and
Whereas, he is retiring from the commission on July 1, 1991, as the senior and longest-serving member; and
Whereas, Mr. Harvin is the founder and the president of the Clarendon County Mental Health Association; and
Whereas, he has held almost every office in the South Carolina Mental Health Association, including serving as president of the statewide association in 1976 and 1977; and
Whereas, he also served as the chairman of the committee responsible for building the state headquarters of the South Carolina Mental Health Association; and
Whereas, he has also been very active in the National Mental Health Association and has worked closely with former First Lady Rosalyn Carter, also serving as an elector from South Carolina for her husband in the 1976 presidential election; and
Whereas, during the eleven years Mr. Harvin has served on the South Carolina Mental Health Commission, the following facilities were built or dedicated: the Frank L. Roddey Pavilion; the Patrick B. Harris Psychiatric Hospital; the Marshall A. Shearouse Pavilion; the Dowdy-Gardner Nursing Care Center; and the Richard Michael Campbell Veterans Nursing Home; and the James F. Byrnes Medical Center changed from a unit at the South Carolina State Hospital to a separate medical/surgical hospital; and
Whereas, the above facilities illustrate the commission's determination to specialize its services and provide appropriate care and treatment for the mentally ill; and
Whereas, while the above facilities were being constructed, the commission also spearheaded the efforts of the South Carolina Department of Mental Health to implement a comprehensive community mental health system which would build on the strengths of each person and provide each one an opportunity to improve his or her quality of life and attain a comfortable level of independence in the community; and
Whereas, Mr. Harvin's wisdom and steadfast leadership as a member of the commission's finance committee and then the policy committee were invaluable to the effectiveness of the commission and the administration of the department; and
Whereas, in July, 1990, Mr. Harvin fully endorsed the concept of the commission periodically holding its meetings at the department's facilities and centers in an effort to promote communication and the exchange of ideas with employees and to become more familiar with the services and programs of the department. The commission has proceeded to carry out this suggestion and has met at several facilities and centers -- to the delight and appreciation of the employees; and
Whereas, Mr. Harvin's strong sense of compassion for the mentally ill and his fervent advocacy for improvement of patient care have served as an inspiration to the management and the employees of the department; and
Whereas, his efforts, contributions, long hours, and dedication of the past eleven years deserve the thanks and commendation of the General Assembly; and
Whereas, his excellent public service also merits his designation as the vice chairman emeritus of the commission. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, commends and thanks the Honorable C. Alex Harvin, Jr., of Clarendon County for his eleven years of outstanding service on the South Carolina Mental Health Commission, extends best wishes for happiness following his retirement, and designates him as vice chairman emeritus of the commission.
Be it further resolved that a copy of this resolution be forwarded to each of the following: Mr. Harvin; Dr. Joseph J. Bevilacqua, State Commissioner of Mental Health; Dr. Richard Hardin, Chairman of the South Carolina Mental Health Commission; Mr. Harvin's sister, Mrs. R. B. McDuffie; his son and our colleague in the General Assembly, the Honorable C. Alex Harvin, III; and Mr. Harvin's daughter, Mrs. Edward Rogers, Jr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3676 -- Reps. Baxley and Beasley: A CONCURRENT RESOLUTION TO COMMEND THE CITY OF HARTSVILLE ON THE OCCASION OF ITS ANNUAL CHRISTMAS IN APRIL COMMUNITY EVENT WHERE HOMES OF THE ECONOMICALLY DISADVANTAGED ARE REPAIRED IN A COMMON EFFORT TO HELP PEOPLE IN NEED AND TO COMMEND EACH OF THE BUSINESSES, CHURCHES, CIVIC GROUPS, AND INDIVIDUALS WHO DONATE THEIR TIME, TALENTS, AND MONEY TO THIS WORTHY PROJECT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3677 -- Reps. Cromer, Waites and Rudnick: A BILL TO AMEND ACT 503 OF 1990, RELATING TO THE ENACTMENT OF THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO INCLUDE THE FOOD-CONSUMPTION OR DINING AREAS OF RESTAURANTS AND CAFETERIAS AND OTHER EATING OR DINING ESTABLISHMENTS WHICH SERVE FOOD FOR CONSUMPTION ON THE PREMISES TO THE GENERAL PUBLIC AMONG THE LIST OF PLACES WHERE IT IS UNLAWFUL TO SMOKE, EXCEPT WHERE SMOKING AREAS ARE DESIGNATED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3678 -- Reps. Rama, Klapman, Wofford, Hallman, Quinn, J. Bailey, Holt, Fulmer, Barber and Wright: A BILL TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE EFFECTIVE JULY 1, 1991, THE MULTIPLIER USED IN CALCULATING MONTHLY SERVICE RETIREMENT BENEFITS OF CLASS TWO MEMBERS FROM TWO AND FOURTEEN HUNDREDTHS PERCENT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION, AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD SHALL ADJUST THE EMPLOYEE CONTRIBUTIONS PAID BY MEMBERS OF THE POLICE OFFICERS RETIREMENT SYSTEM IN AN AMOUNT SUFFICIENT TO OFFSET THE ACTUARIAL COST OF THE INCREASED RETIREMENT BENEFITS PROVIDED ABOVE.
Referred to Committee on Ways and Means.
H. 3679 -- Reps. Rudnick, Kempe, Cromer and Beatty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-3-102 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MUST BE ELECTED AND TO PROVIDE FOR HIS TERM, QUALIFICATIONS, AND FOR THE FILLING OF VACANCIES; TO AMEND SECTION 38-3-60, RELATING TO THE INSURANCE COMMISSION AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE THE LANGUAGE EMPOWERING THE COMMISSION TO SELECT AND EMPLOY THE CHIEF INSURANCE COMMISSIONER; AND TO REPEAL SECTION 38-3-100 RELATING TO THE CHIEF INSURANCE COMMISSIONER, EFFECTIVE UPON HIS ELECTION.
Referred to Committee on Labor, Commerce and Industry.
H. 3680 -- Reps. Keyserling, Cork, Whipper and Kempe: A BILL TO AMEND SECTION 45-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL ENJOYMENT AND PRIVILEGES TO PUBLIC ACCOMMODATIONS, SO AS TO PROVIDE THAT NO PERSON MAY BE DENIED ENJOYMENT AND PRIVILEGES TO PUBLIC ACCOMMODATIONS BASED ON SEX.
Referred to Committee on Judiciary.
H. 3681 -- Rep. Waites, Wright, Jaskwhich, Sheheen, Beatty, Keesley, Wilder, Short and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-41 SO AS TO PROVIDE FOR THE JOINT ADMINISTRATION OF FUNCTIONS OF POLITICAL SUBDIVISIONS; AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 4 SO AS TO PROVIDE PROCEDURES FOR THE CONSOLIDATION OF POLITICAL SUBDIVISIONS.
Referred to Committee on Judiciary.
H. 3682 -- Reps. Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2975 SO AS TO REQUIRE CHILD DAY CARE FACILITIES TO HAVE ON ITS PREMISES AT LEAST ONE CAREGIVER WITH A CURRENT CERTIFICATE FOR THE PROVISION OF BASIC FIRST AID AND CHILD-INFANT CARDIOPULMONARY RESUSCITATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Baxley Beasley Boan Brown, G. Brown, H. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Elliott, D. Elliott, L. Farr Felder Foster Fulmer Gentry Hallman Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Lanford Littlejohn Manly Marchbanks Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McTeer Meacham Neilson Nettles Phillips Rama Rhoad Rogers Ross Scott Sheheen Smith Stoddard Sturkie Townsend Tucker Vaughn Waites Wells White Wilder Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 12.
Robert Hayes Bob Shirley L. Edward Bennett John J. Snow L. Mann Cromer Tim Wilkes Holly Cork Mike Fair David Wilkins Jack Gregory Irene K. Rudnick Charles Sharpe M.W. Glover Dave Waldrop Don Beatty Lucille S. Whipper Daniel E. Martin Ken Bailey Joe E. Brown Rick Quinn Stephen E. Gonzales Paul Short Moffatt Burriss Roland S. Corning E.B. McLeod Morgan Martin Alex Harvin, III
STATEMENTS OF ATTENDANCE
Reps. McELVEEN and BARBER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Monday, March 11.
Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
The following was received.
Columbia, S.C., March 12, 1991
Mr. Speaker and Members of the House:
The Senate repectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. L. MARTIN the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Section 127.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Section 129.1 was adopted.
Section 129.2 was adopted.
Section 129.3 was adopted.
Section 129.4 was adopted.
Section 129.5 was adopted.
Section 129.6 was adopted.
Section 129.7 was adopted.
Section 129.8 was adopted.
Section 129.9 was adopted.
Rep. MANLY moved to adjourn debate upon the section, which was adopted.
Section 129.11 was adopted.
Section 129.12 was adopted.
Section 129.13 was adopted.
Section 129.14 was adopted.
Section 129.15 was adopted.
Section 129.16 was adopted.
Section 129.17 was adopted.
Section 129.18 was adopted.
Section 129.19 was adopted.
Section 129.20 was adopted.
Section 129.21 was adopted.
Section 129.22 was adopted.
Section 129.23 was adopted.
Section 129.24 was adopted.
Section 129.25 was adopted.
Section 129.26 was adopted.
Section 129.27 was adopted.
Section 129.28 was adopted.
Section 129.29 was adopted.
Section 129.30 was adopted.
Section 129.31 was adopted.
Section 129.32 was adopted.
Section 129.33 was adopted.
Section 129.34 was adopted.
Section 129.35 was adopted.
Section 129.36 was adopted.
Section 129.37 was adopted.
Section 129.38 was adopted.
Section 129.39 was adopted.
Section 129.40 was adopted.
Section 129.41 was adopted.
Section 129.42 was adopted.
Section 129.43 was adopted.
Section 129.44 was adopted.
Section 129.45 was adopted.
Section 129.47 was adopted.
Section 129.48 was adopted.
Section 129.49 was adopted.
Section 129.50 was adopted.
Section 129.51 was adopted.
Section 129.52 was adopted.
Section 129.53 was adopted.
Reps. NEILSON and MATTOS proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\WM3650.3), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 129, GENERAL AND TEMPORARY PROVISOS, PAGE 740, BY ADDING AT THE END AN APPROPRIATELY NUMBERED PARAGRAPH TO READ:
/___. THERE IS ESTABLISHED A COMMITTEE TO STUDY AN ALTERNATE ELECTRONIC FUNDS TRANSFER SYSTEM TO DELIVER BENEFITS TO QUALIFIED RECIPIENTS. THE COMMITTEE SHALL CONSIST OF ONE REPRESENTATIVE FROM EACH OF THE FOLLOWING AGENCIES: THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES, SOUTH CAROLINA STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, THE STATE REORGANIZATION COMMISSION, AND THE STATE TREASURER. ONE MEMBER EACH SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND THE GOVERNOR. THE COMMITTEE SHALL PROVIDE OVERSIGHT AND MONITORING OF THE IMPLEMENTATION OF THE ALTERNATE ELECTRONIC BENEFIT TRANSFER PILOT PROJECT./
RENUMBER PARAGRAPHS TO CONFORM.
AMEND TOTALS AND TITLE TO CONFORM.
Renumber sections to conform.
Amend totals and title to conform.
Reps. MATTOS and NEILSON explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 37 (Doc Name L:\h-wm\legis\amend\WM3650.34), which was adopted.
Amend the bill, as and if amended, Part 1, Section #129, General and Temporary, Page 0739, by adding an appropriately numbered proviso at the end to read /129.__ All state entities shall print on the last page of all bound publications the following information:
(1) Total Printing Cost
(2) Total Number of Documents Printed
(3) Cost Per Unit/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 46 (Doc Name L:\h-wm\legis\amend\WM3650.13), which was adopted.
Amend the bill, as and if amended, Part I, Section 129, General & Temporary Provisions, Page 0740, left column, by inserting an appropriately numbered proviso after line 10 to read:
/129.__ Beginning July 1, 1991, all lump-sum agencies shall prepare quarterly their fiscal year-to-date expenditures in a format in which their expenditures can be compared to the appropriations contained in this act. These reports are due 30 days after the end of each quarter and shall be submitted to the Budget Division of the Budget & Control Board, Ways and Means Committee and Senate Finance Committee./
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. T.C. ALEXANDER proposed the following Amendment No. 54 (Doc Name L:\h-wm\legis\amend\3650.25).
Amend the bill, as and if amended, Part I, Section 129, General and Temporary, Page 0740, line 11, left column, by adding an appropriately numbered proviso at the end to read:
/129.__ Notwithstanding any other provision of law or this Act, state entities and institutions shall not pay for travel outside the State of South Carolina for the purpose of attending conferences, conventions, seminars, or workshops unless required for direct service delivery training. The agency head shall approve all out-of-state travel./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. T.C. ALEXANDER moved to adjourn debate upon the amendment, which was adopted.
Reps. P. HARRIS and CARNELL proposed the following Amendment No. 64 (Doc Name L:\h-wm\legis\amend\WM3650.84).
Amend the bill, as and if amended, Part I, Section 129, General and Temporary, Page 0740, by adding an appropriately numbered proviso at the end to read:
/129.__ Of the indirect cost recoveries budgeted herein for FY91-92, any excess shall not be transferred or used for any other purpose than the Day Program-Renovation and Construction Program of the Department of Mental Retardation. The Comptroller General shall establish an earmarked account from which the Department of Mental Retardation may transfer funds for renovation programs approved by the DMR Commission./
Renumber sections to conform.
Amend totals and title to conform.
Rep. P. HARRIS explained the amendment.
Rep. BOAN moved to adjourn debate upon the amendment, which was adopted.
Section 130.1 was adopted.
Rep. BOAN moved to adjourn debate upon Part II, which was adopted.
Debate was resumed on Section 3B.
Rep. KIRSH proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\WM3650.64), which was adopted.
Amend the bill, as and if amended, Part I, Section 3B, Legislative Dept.-House of Reps., Page 0005, Line 17, opposite /Asst. to Speaker/ by inserting in column (7) /28,000/ and in column (8) /28,000/
Amend further, Page 0012, Line 16, opposite /Employer Contr./ by inserting in column (7) /1,737,652/ and in column (8) /1,737,652/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. RUDNICK moved to adjourn debate upon the section.
Rep. BOAN moved to table the motion, which was agreed to by a division vote of 62 to 7.
Reps. RUDNICK and BAXLEY proposed the following Amendment No. 95 (Doc Name L:\h-wm\legis\amend\WM3650.83), which was adopted.
Amend the bill, as and if amended, Part 1, Section 3-B, Leg. Dept-House of Representatives, Page 0005, Line 06, Opposite /Repres. at $10,660 /by inserting in column (7) /1,289,600/ and in column (8) /1,289,600/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. BOAN 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:
Bennett Boan Bruce Burch Carnell Cole Foster Gentry Gregory Holt Kirsh Klapman Lanford Littlejohn McAbee McGinnis McTeer Short White Williams, D.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Beatty Brown, G. Brown, H. Brown, J. Cato Chamblee Clyborne Cooper Corbett Cork Cromer Elliott, L. Fair Farr Felder Fulmer Glover Gonzales Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Houck Huff Jaskwhich Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Manly Marchbanks Martin, D. Martin, L. Martin, M. McCain McCraw McElveen McKay Meacham Neilson Nettles Phillips Quinn Rama Rhoad Rogers Ross Rudnick Sheheen Shirley Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 3B, as amended, was adopted.
Debate was resumed on Section 3.41.
Rep. BOAN proposed the following Amendment No. 84 (Doc Name L:\h-wm\legis\amend\WM3650.73), which was adopted.
Amend the bill, as and if amended, Part 1, Section 3, Legislative Department, Page 0034, Line 26, Right Column, Proviso 3.41 /by inserting after "Assembly" /by March 31, 1992/
Renumber sections to conform.
Amend totals and title to conform.
Section 3.41, as amended, was adopted.
Debate was resumed on Section 3.60.
Section 3.60 was adopted.
Debate was resumed on Section 4.
Rep. J.W. JOHNSON proposed the following Amendment No. 65 (Doc Name L:\h-wm\legis\amend\WM3650.75), which was adopted.
Amend the bill, as and if amended, Part 1, Section 4, Judicial Department, Page 0043, Line 5, Opposite /Clerk-State Grand Jury/ by inserting in column (7) /0/ and in column (8) /-/
Amend Further, Page 0045, Line 03, Opposite /Employer Contributions/ by inserting in column (7) /5,871,285/ and in column (8) /5,871,285/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.W. JOHNSON explained the amendment.
The amendment was then adopted.
Section 4, as amended, was adopted.
I abstain from voting on Section 4.
Rep. JEAN HARRIS
March 12, 1991
Since we were recently elected to two of the new circuit judgeships that were funded in Section 4 of the 1991-92 General Appropriations Bill, we abstained from participating in the debate and voting on this section.
Rep. JACK GREGORY
Rep. PAUL E. SHORT, JR.
Section 4.1 was adopted.
Section 4.2 was adopted.
Section 4.3 was adopted.
Section 4.4 was adopted.
Section 4.5 was adopted.
Section 4.6 was adopted.
Section 4.7 was adopted.
Section 4.8 was adopted.
Section 4.9 was adopted.
Section 4.10 was adopted.
Section 4.11 was adopted.
Debate was resumed on Section 5B.
Section 5B was adopted.
Debate was resumed on Section 8.4.
Section 8.4 was adopted.
Rep. CROMER proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\BR1\1339.JM), which was tabled.
Amend the bill, as and if amended, Part I, Section 8, Comptroller General's Office, page 66, by adding at the end of item 8.4:
/Notwithstanding any other provision of law, the parking fee for state employees who use the Capitol Complex underground parking facility and the adjacent parking deck shall be ten dollars per month per parking space, retroactive to January 1, 1991, and, for purposes of this provision, members of the General Assembly are not considered "state employees". Any amount collected in excess of the fee specified in this item for state employee use of the Capitol Complex underground parking facility and adjacent parking deck must be returned to the users from whom such excess was collected./
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 74 to 9.
Debate was resumed on Section 10.
Rep. McABEE proposed the following Amendment No. 20 (Doc Name L:\h-wm\legis\amend\3650.14), which was adopted.
Amend the bill, as and if amended, Part I, Section 10, Attorney General's Office, page 0070, Line 05, opposite /Classified Positions/ by inserting in columns (7) and (8) the following:
(7) 3,898,782 (8) 3,898,782
Amend further, Page 0070, Line 08 by inserting in columns (7) and (8) the following:
(7) (120.75) (8) (120.75)
Amend further, Page 0071, Line 11, opposite /Employer Contributions/ by inserting in columns (7) and (8) the following:
(7) 903,336 (8) 903,336
Renumber sections to conform.
Amend totals and title to conform.
Rep. McCAIN explained the amendment.
The amendment was then adopted.
Rep. J.W. JOHNSON proposed the following Amendment No. 66 (Doc Name L:\h-wm\legis\amend\WM3650.78), which was adopted.
Amend the bill, as and if amended, Part 1, Section 10, Attorney General, Page 070, Line 5, Opposite /Classified Positions/ by inserting in column (7) /3,965,382/ and in column (8) /3,965,382/
Amend Further, Page 071, Line 11, Opposite /Employer Benefits/ by inserting in column (7) /917,546/ and in column (8) /917,546/
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.W. JOHNSON explained the amendment.
The amendment was then adopted.
Section 10, as amended, was adopted.
Section 10.3 was adopted.
Section 10.4 was adopted.
Section 10.5 was adopted.
Section 10.6 was adopted.
Section 10.7 was adopted.
Section 10.10 was adopted.
Section 10.11 was adopted.
Section 10.12 was adopted.
Section 10.13 was adopted.
Debate was resumed on Section 10A.
Reps. HAYES and J.W. JOHNSON proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\CYY\18320.SD), which was adopted.
Amend the bill, as and if amended, Part I, Section 10A, by striking line 22 on page 73 and inserting:
/(7) (8)
CURRICULUM DEVELOPER 33,796 33,796/.
Amend the bill further, as and if amended, by inserting in columns (7) and (8) opposite /ADMIN ASST I/ on line 24, page 73:
/(7) (8)
ADMIN ASST I 22,826 22,826/.
Amend the bill further, as and if amended, in columns (7) and (8) opposite /SUPPLIES AND MATERIALS/ on line 32 of page 73:
/(7) (8)
SUPPLIES AND MATERIALS 39,500 39,500/.
Amend the bill further, as and if amended, by inserting in columns (7) and (8) opposite /FIXED CHGS. & CONTRIB./ on line 33 of page 73:
/(7) (8)
FIXED CHGS. & CONTRIB. 70,754 70,754/.
Amend the bill further, as and if amended, by inserting in columns (7) and (8) opposite /JUDICIAL CIRCUITS STATE SUPPORT/ on line 38 of page 73:
/(7) (8)
JUDICIAL CIRCUITS STATE
SUPPORT 3,175,055 3,175,055/.
Amend the bill further, as and if amended, by striking /$1.0875/ as contained on line 26 of page 74 in the lefthand column and inserting /$1.0715/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.W. JOHNSON explained the amendment.
The amendment was then adopted.
Section 10A, as amended, was adopted.
Section 10A.1 was adopted.
Section 10A.2 was adopted.
Section 10A.3 was adopted.
Section 10A.4 was adopted.
Debate was resumed on Section 15.13.
Rep. T.C. ALEXANDER proposed the following Amendment No. 75 (Doc Name L:\h-wm\legis\amend\WM3650.71), which was tabled.
Amend the bill, as and if amended, Part I, Section 15, Commission on Higher Education, Page 0155, Line 16, Proviso #15.13, by striking "It is intent...current school year." and inserting after "boards of trustees" /of the state's colleges and universities/
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. T.C. ALEXANDER spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Barber Beatty Boan Bruce Burriss Carnell Cato Clyborne Cole Cooper Cork Fair Felder Foster Gonzales Gregory Harris, J. Harris, P. Haskins Hayes Hendricks Hodges Jaskwhich Johnson, J.W. Keegan Keesley Kempe Keyserling Kirsh Klapman Koon Mattos McAbee McCain McGinnis McKay McTeer Nettles Quinn Ross Rudnick Sharpe Snow Stoddard Vaughn Wells Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baxley Beasley Bennett Brown, G. Brown, J. Burch Chamblee Cromer Elliott, D. Elliott, L. Fulmer Gentry Glover Hallman Harvin Holt Houck Kinon Manly Marchbanks Martin, D. Martin, L. Martin, M. McCraw Meacham Neilson Phillips Rama Rhoad Scott Sheheen Shirley Smith Townsend Tucker Waites Waldrop Whipper Wilder Williams, D.
So, the amendment was tabled.
Section 15.13 was adopted.
Rep. T.C. ALEXANDER proposed the following Amendment No. 74 (Doc Name L:\h-wm\legis\amend\WM3650.52).
Amend the bill, as and if amended, Part I, Section 15, Commission on Higher Education, Page 0155, Line 20, right column, by adding an appropriately numbered proviso at the end to read:
/15.__ Colleges and Universities tuition and fees, for the school year of 1991-92, must not be increased by a rate greater than the inflation rate appropriated for the Education Finance Act in the current fiscal year.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T.C. ALEXANDER explained the amendment.
Rep. HENDRICKS spoke against the amendment and moved to table the amendment.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Baker Barber Bennett Boan Burch Burriss Carnell Cato Cooper Corning Fair Felder Foster Glover Gonzales Harris, J. Harris, P. Haskins Hayes Hendricks Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Keyserling Kirsh Mattos McAbee McCain McElveen McKay McTeer Nettles Ross Rudnick Sharpe Snow Stoddard Vaughn Williams, D. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baxley Beatty Brown, G. Brown, J. Bruce Chamblee Clyborne Cole Corbett Cork Cromer Elliott, D. Elliott, L. Farr Fulmer Gentry Gregory Hallman Harvin Harwell Holt Houck Huff Kempe Kinon Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. McCraw McGinnis Meacham Neilson Phillips Quinn Rama Rhoad Scott Sheheen Shirley Smith Townsend Tucker Waites Waldrop Wells Whipper Wilkes Wilkins Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. FELDER spoke against the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 74 was out of order as it was not germane in compliance with Rule 5.3.
Rep. T.C. ALEXANDER argued contra the Point.
The SPEAKER, citing Section 15.2 on page 154 of the Bill and Section 15.13 on page 155 of the Bill, stated that it was germane to those provisions which were already included in the Bill.
Rep. BOAN stated that he was raising the Point of Order on the amendment and not the sections.
The SPEAKER stated that if the sections were already in the Bill and the amendment dealt with the same subject matter, then it was germane to the Bill. He further stated that the sections dealt with tuition and fees and the amendment dealt with tuition and fees and he overruled the Point of Order.
Rep. FELDER continued speaking.
Rep. BOAN moved that upon completion of the Ratification of Acts, the House recede until 1:30 P.M., which was agreed to.
Further proceedings were interrupted by the Ratification of Acts, the pending question being of Amendment No. 74, Rep. FELDER having the floor.
At 12:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R9) S. 643 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1322, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R10) S. 165 -- Senator Pope: AN ACT TO AMEND SECTION 33-14-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REINSTATEMENT OF A CORPORATION FOLLOWING ADMINISTRATIVE DISSOLUTION, SO AS TO PROVIDE THAT A CORPORATION MAY APPLY TO THE SECRETARY OF STATE FOR REINSTATEMENT AT ANY TIME AFTER THE EFFECTIVE DATE OF DISSOLUTION, RATHER THAN "WITHIN TWO YEARS" AFTER THE EFFECTIVE DATE OF DISSOLUTION; TO PROVIDE THAT THIS CHANGE IS APPLICABLE TO ALL CORPORATIONS IN A STATE OF DISSOLUTION AT THE TIME THIS ACT BECOMES EFFECTIVE, REGARDLESS OF THE EFFECTIVE DATE OF DISSOLUTION; AND TO AMEND SECTION 33-4-102, RELATING TO RESERVING A CORPORATE NAME, SO AS TO PROVIDE THAT THE NAME OF A CORPORATION ADMINISTRATIVELY DISSOLVED IS NOT SUBJECT TO RESERVATION FOR A PERIOD OF TWO YEARS FROM THE DATE THE SECRETARY OF STATE SENDS A COPY OF THE CERTIFICATE OF DISSOLUTION TO THE CORPORATION.
(R11) S. 641 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF BARBER EXAMINERS, RELATING TO REQUIREMENTS FOR LICENSING OF COSMETOLOGISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R12) S. 640 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 10 AND 18 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1991.
(R13) S. 645 -- Senator Bryan: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1990-91 SCHOOL YEAR, HICKORY TAVERN ELEMENTARY SCHOOL, LOCATED IN LAURENS COUNTY SCHOOL DISTRICT 55, IS EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BE MADE UP AS A RESULT OF A FIRE AND ASBESTOS CONTAMINATION AT THE SCHOOL.
(R14) S. 187 -- Senator McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-3245 SO AS TO PROVIDE THAT NO ARCHITECT OR ENGINEER PERFORMING DESIGN WORK PURSUANT TO A CONTRACT AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE MAY PERFORM OTHER WORK ON THAT PROJECT AS A CONTRACTOR OR SUBCONTRACTOR EITHER DIRECTLY OR THROUGH A BUSINESS IN WHICH THE ARCHITECT, ENGINEER, OR HIS ARCHITECTURAL OR ENGINEERING FIRM HAS GREATER THAN A FIVE PERCENT INTEREST.
(R15) S. 596 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS (CRITERIA FOR TOXIC SUBSTANCES TO PROTECT HUMAN HEALTH), DESIGNATED AS REGULATION DOCUMENT NUMBER 1313, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R16) H. 3510 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO VALUATION OF INVESTMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R17) H. 3534 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PESTICIDE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1300, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R18) H. 3509 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LIFE REINSURANCE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1354, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R19) H. 3483 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BEE REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1286, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R20) H. 3484 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO BOLL WEEVIL REGULATIONS AND QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1287, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R21) H. 3188 -- Rep. Wilkins: AN ACT TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.
(R22) H. 3482 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO CHEMIGATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1285, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R23) H. 3240 -- Reps. Boan and McElveen: AN ACT TO AMEND SECTION 38-31-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE ADDITIONAL POWERS PERTAINING TO MAXIMUM ASSESSMENTS ON ACCOUNTS OF PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION MEMBERS AND TO INSURANCE EMERGENCIES OR CATASTROPHES.
(R24) H. 3499 -- Reps. Altman and Snow: AN ACT TO AMEND SECTION 50-11-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF CERTAIN AREAS OF THE STATE AS BIRD SANCTUARIES, SO AS TO DECLARE THE TOWN OF PAWLEYS ISLAND IN GEORGETOWN COUNTY A BIRD SANCTUARY.
(R25) H. 3261 -- Reps. Koon and Wright: AN ACT TO DECLARE PLEASURE ISLAND ROAD IN LEXINGTON COUNTY A PUBLIC RIGHT-OF-WAY.
(R26) H. 3177 -- Reps. Cooper and Chamblee: AN ACT TO AMEND SECTION 5-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS THAT MUST BE MET BEFORE THE SECRETARY OF STATE MAY ISSUE A CORPORATE CERTIFICATE AND THE EXCEPTIONS TO THESE REQUIREMENTS, SO AS TO PROVIDE ADDITIONAL EXCEPTIONS.
(R27) H. 3302 -- Rep. Burch: AN ACT TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-13-153 IN CHESTERFIELD COUNTY.
(R28) H. 3065 -- Reps. P. Harris, Carnell, J. Harris, Mattos and Corning: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-20-385 SO AS TO PROVIDE THE POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS.
At 1:30 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 74, Rep. FELDER having the floor.
Debate was resumed on Amendment No. 74 by Rep. T.C. ALEXANDER.
Rep. FELDER continued speaking.
Rep. T.C. ALEXANDER spoke in favor of the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 66 to 23.
Debate was resumed on Section 16.2.
Section 16.2 was adopted.
Debate was resumed on Section 28.
Rep. McTEER explained the section.
Rep. ROGERS spoke upon the section.
Reps. ROGERS and BEASLEY proposed the following Amendment No. 106 (Doc Name L:\h-wm\legis\amend\WM3650.116).
Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0351, Line 11, opposite /Supplies & Materials/ by inserting in column (7) /24,316,559/ and in column (8) /23,488,259/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS asked unanimous consent to pass over the amendment.
Rep. McTEER objected.
Rep. ROGERS moved to adjourn debate upon the amendment.
Rep. McTEER moved to table the motion, which was not agreed to by a division vote of 35 to 58.
The question then recurred to the motion to adjourn debate, which was agreed to.
Reps. ROGERS and BEASLEY proposed the following Amendment No. 96 (Doc Name L:\h-wm\legis\amend\WM3650.45).
Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0354, Line 12, opposite /Materials/ by inserting in column (7) /0/ and in column (8) /0/
Amend further, Page 0356, Line 31, opposite /Emp. Cont./ by inserting in column (7) /12,376,990/ and in column (8) /0/
Amend further, Page 0361, Line 16, opposite /Const. & Ren./ by inserting in column (7) /1,950,130/ and in column (8) /0/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. BEASLEY spoke in favor of the amendment.
Rep. BEASLEY continued speaking.
Rep. SHEHEEN spoke upon the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. J. BAILEY spoke upon the amendment.
Rep. BOAN moved to adjourn debate upon the amendment.
Rep. FELDER moved to table the motion.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Baker Barber Beasley Brown, G. Brown, J. Cato Chamblee Clyborne Corbett Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harvin Harwell Haskins Hayes Hendricks Houck Jaskwhich Keegan Kempe Manly Marchbanks Martin, D. Martin, L. McCraw Meacham Rhoad Rogers Scott Shirley Smith Snow Tucker Vaughn Waites Waldrop Whipper Wilkes Williams, D. Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baxley Beatty Bennett Boan Brown, H. Bruce Burch Burriss Carnell Cole Cooper Cork Corning Fair Fulmer Gonzales Harris, J. Harris, P. Hodges Holt Huff Johnson, J.W. Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Martin, M. Mattos McAbee McCain McElveen McGinnis McKay McLeod McTeer Neilson Nettles Phillips Quinn Rama Ross Rudnick Sharpe Sheheen Short Sturkie Townsend Wells White Wilder Wilkins Wofford Wright Young, R.
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baxley Bennett Boan Brown, H. Bruce Burch Carnell Cooper Cork Corning Fair Fulmer Gonzales Harris, J. Harris, P. Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Keesley Keyserling Kinon Kirsh Klapman Koon Lanford Martin, M. Mattos McAbee McCain McElveen McGinnis McKay McLeod McTeer Neilson Nettles Phillips Quinn Rama Ross Sharpe Sheheen Short Sturkie Townsend Wells White Wilder Wilkins Wofford Wright Young, R.
Those who voted in the negative are:
Bailey, G. Bailey, J. Baker Barber Beasley Beatty Brown, G. Brown, J. Cato Chamblee Clyborne Cole Corbett Cromer Elliott, D. Elliott, L. Farr Felder Foster Gentry Glover Harvin Harwell Haskins Hayes Houck Jaskwhich Keegan Kempe Littlejohn Manly Marchbanks Martin, D. Martin, L. McCraw Meacham Rhoad Rogers Rudnick Scott Shirley Smith Snow Tucker Vaughn Waites Waldrop Whipper Wilkes Williams, D. Young, A.
So, the motion to adjourn debate was agreed to.
Rep. BOAN moved to adjourn debate upon Part I, which was adopted.
Debate was resumed on Part II.
Section 1 was adopted.
Section 2 was adopted.
Section 3 was adopted.
Rep. KIRSH explained the section and moved to adjourn debate upon the section, which was adopted.
The Ways and Means Committee proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\N05\7338.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, page 741, right column, by striking Section 5 and inserting:
TO AMEND SECTION 12-54-80 OF THE 1976 CODE, RELATING TO THE THIRTY-SIX MONTH LIMIT ON THE DETERMINATION AND ASSESSMENT OF STATE TAXES, SO AS TO PROVIDE THAT FOR INCOME TAXES, THE TAX COMMISSION MAY DETERMINE AND ASSESS TAXES AFTER THIRTY-SIX MONTHS IF IT DETERMINES AND ASSESSES THE TAX WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIVING NOTICE FROM THE INTERNAL REVENUE SERVICE OF A FINAL DETERMINATION OF AN INCOME ADJUSTMENT MADE BY THE INTERNAL REVENUE SERVICE.
The first paragraph of Section 12-54-80 of the 1976 Code is amended to read:
"Except as otherwise provided in this section, the amount of taxes due on a return which has been filed as required by provisions of law administered by the Commission must be determined and assessed within thirty-six months from the date the return was filed or due to be filed, whichever occurs later. In the case of income taxes, the commission may determine and assess income taxes after the thirty-six months limitation if it makes the determination and assessment within one hundred eighty days of receiving notice from the Internal Revenue Service of a final determination of an income adjustment made by the Internal Revenue Service."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 5, as amended, was adopted.
Rep. KIRSH explained the section.
Section 6 was adopted.
Rep. KIRSH explained the section.
Section 7 was adopted.
Section 8 was adopted.
Rep. KIRSH explained the section.
The question then recurred to the adoption of the section.
Rep. CATO demanded the yeas and nays, which were not ordered.
Section 9 was adopted by a division vote of 65 to 17.
I voted "no" on a division vote regarding Part II Section 9 of the 1991-1992 General Appropriations Bill. I voted against this tax increase on admissions tax because I believe that other excess spending could've been cut before raising this tax.
Rep. J.L. MANN CROMER, JR.
This was a division vote, and I voted "no" to increasing the admissions tax from four to five percent.
Rep. CANDY WAITES
I voted no on the division vote, (H. 3650) Section 9 of the permanent provisions, concerning the increase in admission tax from four to five percent.
Rep. HARRY CATO
I voted no on the division vote (H. 3650) Section 9 of the permanent provisions, concerning the increase in admission tax from four to five percent.
Rep. ANNETTE YOUNG
I voted no on the division vote (H. 3650) Section 9 of the permanent provisions, concerning the increase in admission tax from four to five percent.
Rep. BECKY MEACHAM
Section 10 was adopted.
Rep. KIRSH explained the section.
Rep. MATTOS spoke in favor of the section.
Reps. McLEOD, McELVEEN and STURKIE spoke against the section.
Rep. BAXLEY moved to table the section.
Rep. MATTOS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, G. Cork Gentry Harvin Johnson, J.C. Keegan Littlejohn McElveen McLeod Rogers Sheheen Snow Sturkie Wilkes
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beatty Bennett Boan Brown, H. Brown, J. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Corning Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Glover Gonzales Harris, J. Harris, P. Harwell Haskins Hayes Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.W. Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Manly Marchbanks Martin, L. Mattos McAbee McCain McCraw McGinnis McKay McTeer Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Shirley Smith Townsend Tucker Vaughn Waites Waldrop Wells Whipper Wilder Wilkins Williams, D. Wofford Wright Young, A.
So, the House refused to table the section.
Reps. BAXLEY and McELVEEN spoke against the section.
The question then recurred to the adoption of the section.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Carnell Chamblee Corbett Corning Harris, P. Houck Kirsh Klapman Mattos McAbee McCain Phillips Quinn Rudnick Scott Tucker Vaughn Whipper Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Burch Cato Clyborne Cole Cork Cromer Elliott, D. Elliott, L. Fair Farr Foster Fulmer Gentry Glover Gonzales Harris, J. Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Koon Lanford Littlejohn Manly Marchbanks Martin, L. Martin, M. McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Rama Rhoad Ross Sharpe Sheheen Shirley Short Smith Snow Sturkie Townsend Waites Wells Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Young, R.
So, the section was rejected.
Rep. KIRSH explained the section.
Section 12 was adopted.
Section 13 was adopted.
Rep. KIRSH explained the section.
Section 14 was adopted.
The Ways and Means Committee proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\BR1\1333.DW), which was adopted.
Amend the bill, as and if amended, Part II, Section 15, page 0745, Section 12-27-390(A), by deleting /to the counties/ on lines 15 and 20 in the right column. When amended subsection (A) shall read:
/(A) Commencing with the collection of gasoline taxes falling due on and after July 1, 1968, one-half of one percent of the proceeds from the gasoline tax imposed pursuant to Section 12-27-230 must be transmitted to the Department of Wildlife and Marine Resources to be placed to the credit of a special water recreational resources fund of the state treasury and all balances in the fund must be carried forward each year so that no part of it reverts to the General Fund of the State. All of the funds must be allocated based upon the number of boats or other watercraft registered in each county pursuant to law and expended, subject to the approval of a majority of the county legislative delegation, including a majority of the resident Senators, if any, for the purpose of water recreational resources. The amounts allocated must be deducted from the gross proceeds of the gasoline tax imposed under Section 12-27-230 before net proceeds to be distributed to the Department of Highways and Public Transportation and counties pursuant to Section 12-27-380 is determined. This section does not reduce the one cent per gallon license tax now being distributed to the counties pursuant to Section 12-27-380./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Section 15, as amended, was adopted.
Rep. HOLT raised the Point of Order that Section 16 in Part II of the Bill was out of order as it was not germane in compliance with Rule 5.3.
Rep. McABEE argued contra the Point in stating that when the Act was originally passed, there was a provision whereby the State Tax Commission could receive a percentage of these funds for the administration of the provisions of the Act and that the other funds under the Tax Commission included the amount necessary for them to do that and that it was germane because of the additional personnel required in the State Tax Commission.
The SPEAKER stated that it affected the Local Option Sales Tax Bill, but none of that money passed through the general fund and none of it had anything to do with any of the money in Part I.
Rep. McABEE furthered argued that the other funds generated or included within the budget of the Tax Commission in Part I, although they might not be general fund money, are funds that are expended and allocated in Part I.
The SPEAKER stated that none of the Local Option Sales Tax monies went through Part I and none of them were expended through the general fund. He further stated that part of them were under Title 4, Chapter 10, to go to the local sales tax and use fund and part of them went to the property tax credit fund and none of those monies are provided for in the Appropriations Bill, but rather by statute, by the Treasurer and the Tax Commission.
Rep. McABEE then inquired where the Tax Commission got the personnel in order to collect and distribute those funds back to the county.
The SPEAKER stated that that was not in Rule 5.3. He further stated, citing Rule 5.3, that it had to relate directly to the revenue in item 1 or to a rule regulation or procedure relating thereto and he sustained the Point of Order and ordered Section 16 stricken from the Bill.
Rep. KEYSERLING moved to adjourn debate upon the section, which was adopted.
Rep. KIRSH explained the section.
Rep. KEYSERLING moved to adjourn debate upon the section, which was adopted.
Rep. KEYSERLING moved to reconsider the vote whereby debate was adjourned on Section 17, which was agreed to.
Section 17 was adopted.
Rep. McCAIN moved that the House do now adjourn, which was adopted.
Rep. BOAN moved to reconsider the vote whereby Sections 3B, 3.41, 3.60, 4, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 5B, 8.4, 10, 10.3, 10.4, 10.5, 10.6, 10.7, 10.10, 10.11, 10.12, 10.13, 10A, 10A.1, 10A.2, 10A.3, 10A.4, 15.13, 16.2, 129.1, 129.2, 129.3, 129.4, 129.5, 129.6, 129.7, 129.8, 129.9, 129.11, 129.12, 129.13, 129.14, 129.15, 129.16, 129.17, 129.18, 129.19, 129.20, 129.21, 129.22, 129.23, 129.24, 129.25, 129.26, 129.27, 129.28, 129.29, 129.30, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39, 129.40, 129.41, 129.42, 129.43, 129.44, 129.45, 129.47, 129.48, 129.49, 129.50, 129.51, 129.52, 129.53, Amendment #15 adding 129.54, Amendment #37 adding 129.55, Amendment #46 adding 129.56, 130.1, Part II Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, and 17 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Part II.
The Senate returned to the House with concurrence the following:
H. 3663 -- Charleston Delegation: A CONCURRENT RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO LINKS, INC., AND ITS SOUTHERN AREA MEETING IN CHARLESTON, MARCH 21-24, 1991, FOR OUTSTANDING ACTIVITIES TO IMPROVE THE QUALITY OF LIFE OF ALL CITIZENS.
H. 3675 -- Reps. Baxley, G. Brown, Gentry, McElveen, McLeod, Rudnick, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Beasley, Beatty, Bennett, Boan, H. Brown, J. Brown, Bruce, Burch, Burriss, Carnell, Cato, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Cromer, D. Elliott, L. Elliott, Fair, Farr, Felder, Foster, Fulmer, Glover, Gonzales, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hendricks, Hodges, Holt, Houck, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Keegan, Keesley, Kempe, Keyserling, Kinon, Kirsh, Klapman, Koon, Lanford, Littlejohn, Manly, Marchbanks, D. Martin, L. Martin, M. Martin, Mattos, McAbee, McCain, McCraw, McGinnis, McKay, McTeer, Meacham, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rogers, Ross, Scott, Sharpe, Sheheen, Shirley, Short, Smith, Snow, Stoddard, Sturkie, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Wofford, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE C. ALEX HARVIN, JR., OF CLARENDON COUNTY FOR HIS ELEVEN YEARS OF OUTSTANDING SERVICE ON THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, EXTENDING BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT FROM THE COMMISSION, AND DESIGNATING HIM AS VICE CHAIRMAN EMERITUS OF THE COMMISSION.
H. 3676 -- Reps. Baxley and Beasley: A CONCURRENT RESOLUTION TO COMMEND THE CITY OF HARTSVILLE ON THE OCCASION OF ITS ANNUAL CHRISTMAS IN APRIL COMMUNITY EVENT WHERE HOMES OF THE ECONOMICALLY DISADVANTAGED ARE REPAIRED IN A COMMON EFFORT TO HELP PEOPLE IN NEED AND TO COMMEND EACH OF THE BUSINESSES, CHURCHES, CIVIC GROUPS, AND INDIVIDUALS WHO DONATE THEIR TIME, TALENTS, AND MONEY TO THIS WORTHY PROJECT.
At 5:05 P.M. the House in accordance with the motion of Rep. CORBETT adjourned in memory of Wallace Skeen of Myrtle Beach, to meet at 10:00 A.M. tomorrow.
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