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:
Almighty God, bless we pray, our Country and make it a blessing to others beyond its borders and to its own people. Be with us here as we endeavor to make this a better State and a better world. Grant to us wisdom, good health and patience to carry worthily our responsibilities. Keep us high in purpose, sound in judgment, and unswerving in duty. Help us first to be our brother's brother that we may better share our brother's burdens. Shape our lives that we may shape a program to lift our great State to new heights of justice, brotherhood and peace.
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.
March 13, 1991
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Appointment, Member, Allendale County Master-in-Equity, with term to expire on December 31, 1996:
Mr. Walter H. Sanders, Jr., 117 Main Street, Allendale, S.C. 29827
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was taken up for immediate consideration:
S. 720 -- Senators Lourie, Wilson and Rose: A CONCURRENT RESOLUTION TO RECOGNIZE LIEUTENANT GENERAL CHARLES HORNER, OF SHAW AIR FORCE BASE, UNITED STATES NINTH AIR FORCE COMMANDER OF FORCES IN OPERATION DESERT STORM, FOR SERVING HIS STATE AND NATION BRAVELY AND WITH DISTINCTION IN THE ALLIED FORCES' EFFORT IN THE MIDDLE EAST TO FREE KUWAIT AND TO INVITE HIM TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT A DATE AND TIME CONVENIENT TO THE LIEUTENANT GENERAL.
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize Lieutenant General Charles Horner, of Shaw Air Force Base, United States Ninth Air Force Commander of forces in operation Desert Storm, for serving his state and nation bravely and with distinction in the allied forces' effort in the Middle East to free Kuwait and invite him to address a joint session of the General Assembly at a date and time convenient to the Lieutenant General.
Be it further resolved that a copy of this resolution be forwarded to Lieutenant General Horner.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 747 -- Senators Drummond and Lourie: A CONCURRENT RESOLUTION COMMENDING COACH RED MYERS OF GREENWOOD FOR A CAREER OF HIGHLY SUCCESSFUL INVOLVEMENT IN ATHLETICS AND COACHING AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Adrian D. Johnson and Ronald Nathan, which was agreed to.
The following Bills were introduced, read the first time and referred to appropriate committees:
H. 3683 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1775 SO AS TO PROHIBIT THE TRANSPORTATION OR ATTEMPTS TO TRANSPORT LIVE FURBEARING ANIMALS OUT OF STATE UNLESS PERMITTED BY THE DEPARTMENT AND PROVIDE PENALTIES; TO AMEND THE 1976 CODE BY ADDING ARTICLE 13 TO CHAPTER 11, TITLE 50 SO AS TO PROVIDE FOR THE LICENSING OF HOUND COURSING PEN OPERATORS; TO AMEND SECTION 50-11-2450, RELATING TO REPORTING BY COMMERCIAL FUR LICENSEES, SO AS TO DELETE THE LIMITATION OF THE LICENSE DENIAL PENALTY TO THE SECOND OFFENSE; TO AMEND SECTION 50-11-2480, RELATING TO EXEMPTIONS FROM A FUR BUYERS LICENSE, SO AS TO INCLUDE HOUND COURSING PEN OPERATOR LICENSEES; TO AMEND SECTION 50-11-2500, RELATING TO PERMITS FOR HOLDING FUR AFTER THE REGULAR SEASON, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO COMMERCIAL FUR LICENSEES, CHANGE THE REFERENCE TO FUR TO LIVE FURBEARING ANIMALS OR THEIR PELTS, AND REVISE THE PERMIT APPLICATION REQUIREMENTS; TO AMEND SECTION 50-11-2540, RELATING TO THE SEASON FOR TRAPPING FURBEARING ANIMALS, SO AS TO PROVIDE SEPARATE SEASONS FOR CERTAIN GAME ZONES, DELETE THE LIMITATION TO COMMERCIAL PURPOSES AND THE AUTHORIZATION TO TAKE THE ANIMALS DURING GENERAL OPEN HUNTING SEASONS, AND PROVIDE FOR THE DEPARTMENT INSTEAD OF THE DIRECTOR OF GAME AND FRESHWATER FISHERIES TO AUTHORIZE ADDITIONAL TIME TO TRAP; TO AMEND SECTION 50-11-2560, RELATING TO PENALTIES, SO AS TO INCLUDE SECTION 50-11-2540; AND TO REPEAL SECTION 50-11-2580 RELATING TO EXCEPTIONS FROM THE REQUIREMENTS PERTAINING TO FURBEARING ANIMALS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3684 -- Reps. McLeod, Keegan, Fulmer, Quinn, Hallman, Wright, Rama, Cork, Bruce, Littlejohn, Altman, Cromer, Meacham and Fair: A BILL TO PROVIDE THAT NO PERSON MAY ENGAGE IN LOBBYING FOR THE PURPOSE OF INFLUENCING THE PASSAGE OR DEFEAT OF LEGISLATION FOR PAYMENT UNLESS EMPLOYED BY AN ASSOCIATION OR A FULL-TIME EMPLOYEE OF AN ENTITY AND REGISTERED WITH THE SECRETARY OF STATE AND TO PROVIDE LIMITATIONS ON REPRESENTATION AS A LOBBYIST.
Referred to Committee on Judiciary.
H. 3685 -- Reps. J. Williams, Klapman and Wofford: A BILL TO AMEND SECTION 12-49-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE OF SALE TO MORTGAGEES OR ASSIGNEES, SO AS TO PROVIDE THAT THE NOTICE MAY BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED-DELIVER TO ADDRESSEE ONLY, AND TO MAKE GRAMMATICAL CORRECTIONS.
On motion of Rep. J. WILLIAMS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 190 -- Senator Rose: A BILL DIRECTING THE OPERATIONS AND MANAGEMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE TO ESTABLISH A PROGRAM TO ORIENT NEWLY ELECTED MEMBERS OF THE GENERAL ASSEMBLY ABOUT THE OPERATIONS OF AGENCIES OF THE STATE OF SOUTH CAROLINA; TO PROVIDE THAT THE PROGRAM SHALL SUPPLEMENT ANY ORIENTATION PROVIDED BY THE HOUSE OR SENATE ABOUT ITS INTERNAL OPERATION; TO PROVIDE THAT THE MEMBERS PARTICIPATING IN THE PROGRAM SHALL BE AUTHORIZED PER DIEM, MILEAGE AND SUBSISTENCE TO BE PAID FROM THE APPROVED ACCOUNTS OF THE HOUSE OR SENATE, RESPECTIVELY; AND TO PROVIDE THAT THE JOINT OPERATIONS AND MANAGEMENT COMMITTEE IMPLEMENT THIS ORIENTATION PROGRAM FOR NEWLY ELECTED MEMBERS IN THE 1992 GENERAL ELECTION AND FOR EVERY GENERAL ELECTION THEREAFTER.
Referred to Committee on Ways and Means.
S. 474 -- Senator Hayes: A BILL TO AMEND SECTION 12-23-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF HOSPITALS LICENSED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO FUND MEDICAID EXPANSION, SO AS TO REQUIRE THAT HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA ARE SUBJECT TO THIS TAX AND TO PROVIDE THE BASIS FOR DOING BUSINESS IN SOUTH CAROLINA AND FOR CALCULATING THE TAX; AND TO AMEND SECTION 44-6-170, AS AMENDED, RELATING TO HOSPITAL DATA REPORTING UNDER THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE ACT, SO AS TO REQUIRE HOSPITALS LICENSED IN ANOTHER STATE AND DOING BUSINESS IN SOUTH CAROLINA TO COMPLY WITH THESE REPORTING REQUIREMENTS.
Rep. McCAIN raised the Point of Order that S. 474 was out of order as it dealt with the levying and imposing of taxes and therefore, affected revenue and was inappropriately introduced in the Senate.
The SPEAKER stated that the impact statement said that it had no affect on state or local revenue and that it just dealt with reporting data and he overruled the Point of Order.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 529 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTIONS 12-36-120, 12-36-910, 12-36-920, 12-36-930, 12-36-2120, 12-36-2560, AND 12-36-2650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 12-36-560, 12-36-570, 12-36-1730, 12-36-1740, 12-36-2660, AND 12-36-2670, SO AS TO PROVIDE CRIMINAL AND CIVIL PENALTIES FOR VIOLATIONS RELATING TO RETAIL LICENSES AND THE CASUAL EXCISE TAX, TO PROVIDE FOR ENFORCEMENT, AND AUTHORIZE THE MEMBERS OF THE TAX COMMISSION OR THEIR DESIGNEES TO ADMINISTER OATHS OR TAKE ACKNOWLEDGMENTS.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cooper Corbett Cork Corning Cromer Elliott, D. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hendricks Hodges Holt Houck Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Littlejohn Manly Marchbanks Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Neilson Nettles Phillips Rama Rhoad Rogers Ross Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Townsend Tucker Vaughn Waites Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Young, A. Young, R.
I came in after the roll call and was present for the Session on Wednesday, March 13.
Becky Meacham Irene K. Rudnick Mike Jaskwhich Robert Hayes, Jr. Dave C. Waldrop, Jr. L. Edward Bennett David Wright Derham Cole C. Lenoir Sturkie Rick Quinn Steve Lanford Larry Koon Dell Baker David M. Beasley Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. L. Elliott a leave of absence for the day.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 12.
Reps. BARBER, COLE, McELVEEN, and McGINNIS 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. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Part II.
Reps. MANLY, BEATTY, ROGERS, HASKINS, KEMPE, KEYSERLING, WAITES, CORK, GLOVER, JASKWHICH and WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\bills\part2\9230.JM), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO REQUIRE THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING ENUMERATED IN SECTION 59-107-10 OF THE 1976 CODE, AS WELL AS THEIR BRANCHES AND EXTENSIONS, TO ACCEPT APPLICANTS REGARDLESS OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN; TO PROVIDE THAT NO PERSON MAY BE REFUSED ADMISSION INTO, OR BE EXCLUDED AS A PART-TIME, FULL-TIME, REGULAR, SPECIAL, OR EVENING STUDENT FROM, ANY UNDERGRADUATE-LEVEL OR GRADUATE-LEVEL CURRICULUM OR DEGREE PROGRAM OFFERED BY THOSE INSTITUTIONS ON ACCOUNT OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN; AND TO PROVIDE THAT NO INSTITUTION DESCRIBED IN SECTION 59-107-10, INCLUDING A BRANCH OR EXTENSION, MAY RECEIVE OR EXPEND ANY STATE TAX REVENUES FOR ANY PURPOSE UNTIL THE INSTITUTION IS IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
A. The state-supported institutions of higher learning enumerated in Section 59-107-10 of the 1976 Code, including their branches and extensions, must accept applicants into their undergraduate-level and graduate-level curricula and degree programs as part-time, full-time, regular, special, and evening students regardless of race, color, religion, sex, or national origin, and no person may be refused admission into, or be excluded as a part-time, full-time, regular, special, or evening student from, any undergraduate-level or graduate-level curriculum or degree program offered by those institutions, including their branches and extensions, on account of race, color, religion, sex, or national origin.
B. No institution described in Section 59-107-10 of the 1976 Code, including any branch or extension of such an institution, may receive or expend any state tax revenues for any purpose, regardless of the source or sources from which such tax revenues are collected and regardless of the manner in which those funds are paid over to or accredited to the account of the institution, until the institution is in full compliance with the provisions of Subsection A./.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McABEE raised the Point of Order that Amendment No. 1 was out of order as it was not germane in compliance with Rule 5.3 and that it did not relate to any expenditure in Part I of the Bill. He further stated that the general thrust of the Amendment was to establish policy and not affect the fiscal affairs of the State.
Rep. MANLY argued contra the Point in citing Article III, paragraph 17 of the Constitution and stated that every Bill must relate to but one subject which must be expressed in its title. She further stated that every Appropriations Bill obviously related to the subject of the expenditure of state revenues. She further stated that a Part II, permanent provision Amendment could be germane and directly related to the clear and obvious subject and purpose of the Appropriations Bill as long as the Part II provision had a direct impact on the use of state revenues and it did. She further argued that the central thrust of the Amendment was to control and limit how state appropriations were spent.
The SPEAKER, citing Rule 5.3, stated that there were two controlling sentences on germaneness and that the first one dealt with provisos and the first part of the Bill and that said that the General Appropriations Bill and Supplement Appropriations Bill shall include only provisions for appropriating funds, which this did not do, and provisions affecting revenue, which this did not do, because it dealt with generations and then there was rules, regulations, directives and procedures relative thereto, which this probably did since it established a procedure and regulation about the expenditure of funds by prohibiting the expenditure of funds by a violator of the policy stated in Section A. He then stated that you would have to go to the part of the Rules which dealt with permanent provisions and it did not read the same way since it said that no provision shall be in a permanent part of any such Bill unless it related directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill and the Part II provision of the Amendment did not seem to fulfill the requirement of that limitation.
Rep. MANLY stated that it referred to the appropriations in Part I of the Bill under higher education and institutions.
The SPEAKER stated that it did refer to it, but it had to directly relate with the revenue being generated.
Rep. MANLY then inquired about amending an existing statement, a statement of civil rights which left out sex discrimination.
The SPEAKER stated that the rules were designed to prevent state law from being amended in the Appropriations Bill unless it directly related to the expenditure of funds in Part I.
Rep. MANLY stated that she felt it did relate to the expenditure of funds in Part I.
The SPEAKER stated that he had a strict interpretation of the rules and he sustained the Point of Order and ruled the Amendment out of order.
Reps. HALLMAN, MATTOS, HARVIN and WOFFORD proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\5462.HC), which was adopted.
Amend the bill, as and if amended, in PART II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-56-515 SO AS TO IMPOSE AN ADDITIONAL FEE ON THE DISPOSAL OF HAZARDOUS WASTE DISPOSED OF IN THIS STATE AND TO PROVIDE THAT THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF REVENUE ANNUALLY FROM THE ADDITIONAL FEE MUST BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND AND THE REMAINDER MUST BE USED FOR HAZARDOUS MATERIALS INCIDENTS TRAINING BY THE SOUTH CAROLINA FIRE ACADEMY.
A. Article 5, Chapter 56, Title 44 of the 1976 Code is amended by adding:
"Section 44-56-515. (A) In addition to all other fees imposed on the disposal of hazardous waste pursuant to this article or Article 1 of this chapter, there is imposed a fee on each ton or fraction of a ton of hazardous waste disposed of in a facility permitted to receive such waste in this State as follows:
(1) seventeen dollars and fifty cents from July 1, 1991, through June 30, 1992; and
(2) eight dollars after June 30, 1992.
(B) The fee imposed by this section must be paid and collected in the same manner that other fees on the disposal of hazardous waste are paid and collected.
(C) The first two hundred fifty thousand dollars of the revenue annually raised by the additional fee imposed by this section must be credited to the Hazardous Waste Contingency Fund and the remainder must be used by the South Carolina Fire Academy for the purpose of conducting hazardous materials incidents training."
B. This section takes effect July 1, 1991./
Renumber sections to conform.
Amend title to conform.
Rep. HALLMAN explained the amendment.
Rep. HALLMAN spoke in favor of the amendment.
Rep. BOAN moved to adjourn debate upon the amendment.
Rep. HALLMAN moved to table the motion.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, K. Baker Baxley Beatty Bennett Brown, G. Burch Chamblee Clyborne Cooper Corbett Cork Farr Fulmer Gentry Glover Gonzales Hallman Harris, J. Harvin Harwell Hayes Hendricks Hodges Houck Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Manly Marchbanks Martin, D. Mattos McCraw McElveen McLeod Meacham Neilson Phillips Quinn Rama Rhoad Rudnick Sheheen Shirley Snow Townsend Waites Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, T.C. Beasley Boan Brown, H. Brown, J. Bruce Burriss Carnell Cato Cole Cromer Elliott, D. Felder Gregory Harris, P. Haskins Holt Jaskwhich Johnson, J.W. Koon Littlejohn Martin, L. Martin, M. McAbee McCain McGinnis McKay Nettles Ross Scott Smith Stoddard Sturkie Tucker Vaughn Waldrop Wells
So, the motion to adjourn debate was tabled.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. HARVIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Beasley Boan Brown, H. Brown, J. Bruce Burriss Cato Clyborne Cole Elliott, D. Farr Felder Gentry Gregory Harris, P. Haskins Jaskwhich Johnson, J.W. Keyserling Kirsh Klapman Koon Lanford Littlejohn Martin, L. Martin, M. McAbee McCain McGinnis McKay McTeer Nettles Scott Smith Snow Sturkie Townsend Tucker Vaughn Waldrop Wells White
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baxley Beatty Bennett Brown, G. Burch Chamblee Cooper Corbett Cork Fair Fulmer Glover Gonzales Hallman Harris, J. Harvin Harwell Hendricks Hodges Holt Houck Huff Johnson, J.C. Keegan Keesley Kempe Kinon Manly Marchbanks Martin, D. McCraw McElveen McLeod Meacham Neilson Quinn Rama Rhoad Ross Rudnick Sheheen Shirley Stoddard Waites Wilder Wilkins Williams, D. Williams, J. Wofford Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. HODGES proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\JIC\5433.HC), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO IMPOSE A TAX EQUAL TO TEN PERCENT ON POLITICAL CAMPAIGN CONTRIBUTIONS IN EXCESS OF TEN THOUSAND DOLLARS HELD ON DECEMBER 31 OF EACH YEAR, TO PROVIDE FOR THE TAX TO BE PAID AND A RETURN FILED ON OR BEFORE THE DUE DATE FOR STATE INDIVIDUAL INCOME TAX RETURNS, TO PROVIDE ENFORCEMENT PROVISIONS, AND TO AUTHORIZE THE TAX COMMISSION TO PROMULGATE REGULATIONS AND PRESCRIBE PROCEDURES, RULES, AND FORMS TO IMPLEMENT THE TAX.
A. A tax equal to ten percent is imposed on political campaign contributions in excess of ten thousand dollars held on December 31 of each year. All contributions held by a single candidate, committee, or political party, must be aggregated for purposes of applying the exemption amount. The tax must be reported on a form prescribed by the South Carolina Tax Commission and paid no later than the due date for state individual income tax returns without regard to any extension. The provisions of Chapter 54 of Title 12 of the 1976 Code apply to the assessment and collection of the tax imposed by this section. The South Carolina Tax Commission may promulgate regulations and prescribe rules, procedures, and forms as necessary to implement the provision of this section.
B. This section applies to political campaign contribution taxable years beginning after 1990./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 22 was out of order as it was not germane in compliance with Rule 5.3.
Rep. HODGES argued contra the Point in stating that the Amendment dealt with elections which were covered in Part I.
The SPEAKER stated that the Amendment did not directly relate to an appropriation being made or revenue provided in Part I and he sustained the Point of Order and ruled the Amendment out of order.
Rep. KIRSH proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\BR1\1334.AC), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 30-1-30, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Section 30-1-30 of the 1976 Code, as last amended by Act 546 of 1990, is further amended to read:
"Section 30-1-30. A person who unlawfully removes a public record from the office where it usually is kept or alters, defaces, mutilates, secretes, or destroys it is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars and this fine must be remitted to the general fund."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 45 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. BOAN and P. HARRIS proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\DKA\3219.AL), which was adopted.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 2-65-15 OF THE 1976 CODE, RELATING TO DEFINITIONS OF THE JOINT APPROPRIATIONS REVIEW COMMITTEE, SO AS TO REVISE THE DEFINITION OF "RESEARCH GRANT"; TO AMEND SECTION 2-65-50, RELATING TO DETAILED BUDGET STATEMENTS, SO AS TO PROVIDE THAT THE GOVERNOR AND THE JOINT APPROPRIATIONS REVIEW COMMITTEE SHALL ESTABLISH PROCEDURES AND MAKE A DETERMINATION ON WHETHER A GRANT QUALIFIES FOR RESEARCH; AND TO AMEND SECTION 2-65-60, RELATING TO THE POWERS OF THE COMPTROLLER GENERAL, SO AS TO PROVIDE THAT THE GOVERNOR CERTIFIES TO THE COMPTROLLER GENERAL THAT AN AGENCY HAS COMPLIED WITH REVIEW REQUIREMENTS FOR RESEARCH PROJECTS.
A. Section 2-65-15(g) of the 1976 Code is amended to read:
"(g) 'Research grant' means an award of funds from the United States Government or other entity for the principal purpose of systematic study, using scientific methodology, and investigation undertaken to discover or establish facts or principles. A 'research grant' does not contain any service delivery component, except to the extent necessary to evaluate the results of the research."
B. Section 2-65-50 of the 1976 Code is amended to read:
"Section 2-65-50. Agencies shall include estimates of research and student aid funds in the detailed budget statements required in Item (a) of Section 2-65-20 of this chapter. Agencies may not be required to submit the detailed programmatic and financial information required in Item (b) of Section 2-65-20 of this chapter, except that the agencies shall furnish to the Governor such information considered necessary for the Joint Appropriations Review Committee, after receiving and considering the Governor's recommendation, to make a determination as to whether a grant qualifies as research. The Governor and the Joint Appropriations Review Committee shall establish procedures necessary to make this determination. The agencies shall furnish to the Governor notices of actual awards and allocations of research and student aid funds within fourteen days of receipt of such notices from funding agencies. The Governor must provide the committee with a quarterly report of the funds received by the agency."
C. The first paragraph of Section 2-65-60 of the 1976 Code is amended to read:
"The Comptroller General must account for and control expenditures of individual federally funded projects for all agencies using the Statewide Accounting and Reporting System. For continuing federal projects, the Governor must certify to the Comptroller General the actual funds approved for each project pursuant to Section 2-65-20 of this chapter, and any further adjustments to this amount, based on grant award documentation and pursuant to Section 2-65-40 of this chapter. For new federally funded projects, the Governor must inform the Comptroller General of funding levels authorized pursuant to Section 2-65-30 of this chapter. For research projects, the Governor must certify to the Comptroller General that the agency has complied with the review requirements established pursuant to Section 2-65-50."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Debate was resumed on Section 4.
The Ways and Means Committee proposed the following Amendment No. 48 (Doc Name L:\council\legis\amend\DKA\3218.AL), which was adopted.
Amend the bill, as and if amended, PART II, Permanent Provisions, page 0741, by striking SECTION 4 and inserting:
TO AMEND SECTION 12-27-1270, AS AMENDED, OF THE 1976 CODE, RELATING TO THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO PROVIDE FOR THE ACCOUNT TO BE REPLENISHED BASED ON FUNDS OBLIGATED OR COMMITTED BY THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT IN THE PREVIOUS YEAR, DELETE THE LIMITATION ON THE AMOUNT OF THE ACCOUNT, AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 13-3-20, RELATING TO THE OBJECTIVES OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE REFERENCE TO A STATEWIDE PLANNING PROGRAM; TO AMEND SECTION 13-3-90, RELATING TO THE DUTIES AND POWERS OF THE STATE DEVELOPMENT BOARD, SO AS TO DELETE THE PROVISION FOR A MASTER PLAN FOR AGENCIES TO CONSIDER CERTAIN STATE NEEDS AND DELETE THE REFERENCE TO A STATE PLANNING PROGRAM; TO AMEND SECTION 41-45-20, RELATING TO MEETINGS AND DUTIES OF THE COUNCIL, SO AS TO PROVIDE FOR AND DEFINE A STRATEGIC PLAN FOR ECONOMIC DEVELOPMENT AND REVISE DUTIES PERTAINING TO THE PLAN AND COORDINATION OF ACTIVITIES; TO AMEND SECTION 41-45-30, RELATING TO REPORTS BY THE COUNCIL, SO AS TO INCLUDE REPORTS TO THE CHAIRMEN OF THE SENATE FINANCE AND HOUSE WAYS AND MEANS COMMITTEES AND REQUIRE REPORTS ON THE ACCOUNT; TO AMEND SECTION 41-45-40, RELATING TO COUNCIL RECOMMENDATIONS, SO AS TO INCLUDE THE OBJECTIVES OF THE STRATEGIC PLAN, DELETE THE PROVISION FOR REFERRALS BY THE GENERAL ASSEMBLY AND STATE AGENCIES, AND REVISE THE RECOMMENDATIONS CONCERNING AGENCY REQUESTS FOR ECONOMIC DEVELOPMENT APPROPRIATIONS; TO AMEND SECTION 41-45-50, RELATING TO COUNCIL FUNDS, COMMITTEES, AND DATA, SO AS TO REVISE THE DUTIES OF THE COMMITTEES; AND TO REAUTHORIZE THE EXISTENCE OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FOR SIX YEARS.
A. Section 12-27-1270 of the 1976 Code, as last amended by Section 5, Part II, Act 658 of 1988, is further amended to read:
"Section 12-27-1270. The first ten million dollars generated from the tax levied in Sections 12-27-1210, 12-27-1220, 12-27-1230, and 12-27-1240 must be segregated in a separate account for economic development. This account may be expended only upon the authorization of the South Carolina Coordinating Council for Economic Development which shall establish project priorities. Funds devoted to the economic development account must remain in the account if not expended in the previous fiscal year. Annually, funds from the tax levied in Section 12-27-1210 must be deposited to replenish the account based on funds obligated or committed by the council in the previous year. The council may spend no more than two hundred fifty thousand dollars, in the first year only, for a long-term economic development plan which must be submitted to the General Assembly on completion of the plan.
The council may spend not more than sixty thousand dollars annually for a state infrastructure model."
B. Section 13-3-20 of the 1976 Code is amended to read:
"Section 13-3-20. A state agency is established to conduct an adequate statewide program for the stimulation of economic activity to develop the potentialities of the State. To this end, the objectives of this agency are to:
(1) conserve, restore, and develop the natural and physical, the human and social, and the economic and productive resources of the State;
(2) promote coordination of the functions and activities of state agencies and act as the official state liaison office between the state, federal, and local planning, research, and development agencies;
(3) promote a system of transportation for the State through development and expansion of the highway, railroad, port, waterway, and airport systems;
(4) promote and correlate state and local activity in planning public works projects;
(5) promote public interest in the development of the State through cooperation with public agencies, private enterprises, and charitable and social institutions;
(6) promote and encourage industrial development, private business and commercial enterprise, agricultural production, transportation, and the utilization and investment of capital within the State;
(7) assist the development of existing state and interstate trade, commerce, and markets for South Carolina goods and in the removal of barriers to the industrial, commercial, and agricultural development of the State;
(8) assist in ensuring stability in employment, increase the opportunities for employment of the citizens of the State, and devise ways and means to raise the living standards of the people of the State;
(9) advance the general welfare of the people."
C. Section 13-3-90 of the 1976 Code is amended to read:
"Section 13-3-90. The board is vested with duties, powers, and responsibilities involved in accomplishing its objectives outlined in this chapter within the appropriations provided by the General Assembly. The board may:
(1) advise and make recommendations to the Governor and the General Assembly on matters concerning its objectives;
(2) cooperate with the operating agencies of the State in the development of plans;
(3) have access to the records and studies of each state agency pertaining to the objectives of the board;
(4) conduct studies on its own initiative pertaining to its objectives and others at the request of the Governor, the General Assembly, or state or local agencies;
(5) make special studies on area problems or specific subjects, establish local agencies, and furnish staff or financial aid;
(6) stimulate and encourage local, state, and federal governmental agencies with similar and related objectives and purposes and cooperate with local, regional, and federal planning and development programs;
(7) publish and distribute its findings, through written reports, brochures, magazine and newspaper articles, and other appropriate forms and use the radio, periodicals, and other recognized forms of advertising, personal interviews, exhibits, and displays in order that governmental agencies, corporations, and individual citizens may become acquainted with the development program of the State;
(8) advertise the advantages of the State for industrial, agricultural, and commercial development by paid publicity;
(9) provide information to and make contact with private business enterprises and local, state, and federal governmental agencies to acquaint them with industrial, agricultural, and commercial opportunities in the State and encourage the establishment of new or the expansion of existing industries and enterprises;
(10) provide advice upon request by local, state, and federal agencies, private citizens, and business and commercial enterprises upon matters of economic development, industrial and business expansion, and agricultural activity upon which its knowledge, sources of information, and the findings and decisions of the board qualify it to speak;
(11) accept gifts, grants, funds, and property to accomplish its objectives, administer and disburse gifts, grants, and funds, and dispose of property to counties, municipalities, and local agencies performing a public service or function which may disburse the gifts, grants, and funds or make the property available to eligible participants in a program established to perform and implement the public service or function subject to the approval of the Budget and Control Board."
D. Section 41-45-20 of the 1976 Code is amended to read:
"Section 41-45-20. (A) The council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities which must include:
(1) development and revision of a strategic state plan for economic development. 'Strategic state plan for economic development' means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;
(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities for the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member agencies of the council and its advisory committees;
(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development;
(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development.
(B) The council may not engage in the delivery of services."
E. Section 41-45-30 of the 1976 Code is amended to read:
"Section 41-45-30. The council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means committees, and the General Assembly at least annually on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations."
F. Section 41-45-40 of the 1976 Code is amended to read:
"Section 41-45-40. (A) The council shall make recommendations to the Governor, the General Assembly, and the State Budget and Control Board as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.
(B) The council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Budget and Control Board and the General Assembly concerning requests compatible with the objectives of the strategic plan. Nothing in this section limits an agency's direct access to the General Assembly, and comment by the council is not a part of the budget process."
G. Section 41-45-50 of the 1976 Code is amended to read:
"Section 41-45-50. Funds for technical, administrative, and clerical assistance and other expenses of the council must be provided by the member agencies.
The council may establish technical advisory committees in order to assist in the development of a strategic plan for economic development.
The council shall seek to utilize data relevant to the economic growth and development of the State which is available from the Department of Highways and Public Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations."
H. In accordance with Section 1-20-60 of the 1976 Code the existence of the South Carolina Coordinating Council for Economic Development is reauthorized for six years./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 4, as amended, was adopted.
Rep. RUDNICK proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\BR1\1337.DW).
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES AND USE TAX, SO AS TO INCREASE IT FROM THREE HUNDRED TO SIX HUNDRED DOLLARS.
Section 12-36-2110 of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"Section 12-36-2110. (A) The maximum tax imposed by this chapter is six hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals six hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) If the result from (2) is no greater than twelve thousand dollars, multiply by five percent. This is the amount of the tax due.
(4) If the result from (2) is greater than twelve thousand dollars, the tax due is six hundred dollars plus one percent of the amount greater than twelve thousand dollars.
(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is six hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organization's exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. HUFF, BEASLEY, FAIR, TOWNSEND, WRIGHT, KEEGAN, CORBETT, CORNING, QUINN, SMITH AND SHARPE proposed the following Amendment No. 88 (Doc Name L:\council\legis\amend\CYY\18312.SD), which was ruled out of order.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
/SECTION ____
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-185 SO AS TO DEFINE THE TERM "HIGHER ORDER THINKING AND PROBLEM SOLVING SKILLS" FOR PURPOSES OF THE MANNER IN WHICH FUNDS APPROPRIATED FOR THIS PURPOSE MAY BE SPENT.
The 1976 Code is amended by adding:
"Section 59-29-185. Funds appropriated for the identification and development of higher order thinking and problem solving skills as provided by law may be used solely to train teachers and to acquire teacher training and instructional materials which are consistent with the definition of higher order thinking and problem solving skills as herein contained. Higher order thinking and problem solving skills for this purpose are defined as the attaining of higher levels of learning progressions including knowledge, comprehension, application, analysis, synthesis, and evaluation by the use of instructional techniques not reasonably construed to employ 'progressive' relaxation, moral relativism, or altered states of consciousness by means of guided imagery, transcendental meditation, 'psychic mind experiments', or 'psychic' visualizations."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HUFF explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 88 was out of order as it was not germane.
Rep. HUFF argued contra the Point in stating that it dealt with the appropriation of monies for the program as long as they could conform to the definition.
The SPEAKER stated that the Amendment was trying to redefine the statute in Part II by relating it to the money in Part I and that he could not do that.
Rep. MANLY stated that it was the same idea as making a policy as in her Amendment.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Rep. MANLY proposed the following Amendment No. 99 (Doc Name L:\council\legis\amend\N05\7339.SD), which was tabled.
Amend the bill, as and if amended, by adding a new section to Part II.
/SECTION __
TO REPEAL SECTION 12-36-2610 OF THE 1976 CODE RELATING TO A DISCOUNT FOR THE TIMELY PAYMENT OF SALES AND USE TAXES.
Section 12-36-2610 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. MANLY explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 99 was out of order as it was not germane.
The SPEAKER, citing page 722, line 2 of the Bill, stated that it did relate and he overruled the Point of Order.
Rep. MANLEY continued speaking.
Reps. KIRSH and LITTLEJOHN spoke against the amendment.
Rep. BAKER spoke upon the amendment and moved to adjourn debate upon the amendment.
Rep. J. HARRIS moved to table the amendment which was agreed to by a division vote of 62 to 16.
I refrain from voting on this amendment because it will directly benefit my business.
Rep. DAVID WRIGHT.
Due to my owning of a retail business I sustain from entering into the debate or voting on Amendment 99 dealing with sales tax discount on filing a timely report.
Rep. THOMAS C. ALEXANDER.
I refrain from voting and speaking on this amendment as it will directly affect my business.
Rep. GRADY BROWN.
Mr. SPEAKER, due to the fact that I have to collect sales tax, I abstain from voting on Amendment 99.
Rep. HERB KIRSH.
Further proceedings were interrupted by the House and Joint Assembly, the pending question being consideration of Amendments to Part II.
Rep. CARNELL, on behalf of Mental Retardation Awareness Day, presented John Mark McQuown of Greenwood, who sang several selections.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 3157 -- Reps. Wilder, Baxley and Manly: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1991, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1991, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES OR AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The Easter Seal Society Guests and distinguished party were escorted to the rostrum by Senators Pope, Fielding, O'Dell, Hinds and Patterson and Representatives WILDER, GENTRY, D. MARTIN, TOWNSEND, ALTMAN, KEYSERLING and J. BROWN.
The President of the Senate recognized Rep. WILDER, who introduced the honored guests as follows:
"Mr. President, members of the Joint Assembly, ladies and gentlemen...It is certainly a personal privilege for me for the second year to present to you the selected children from the Easter Seals Society who are representatives of the program this year for raising funds, the Buck-A-Cup Brace A Child Program that all of you know about. The Joint Committee for the Disabled is a host committee for this program and it is certainly an honor for us. The BAC coffee day this year is Good Friday, March 29, 1991, which is, of course, two days before Easter. I would like to recognize some folks who are here. First, the members of the Joint Committee, Rep. Manly, Rep. Baxley, from the House and from the Senate, Senator Lourie, Senator Shealy and Senator Matthews. The governor's appointments are Commissioner of the Department of Vocational Rehabilitation, Joe Dusenbury, State Transition Coordinator, Betty Easler and Dr. Richard Ferrantee of the University's affiliated program. Our director is Evelyn Evans. I would like to introduce some of the people that are participating today in this program, Herman Shealy, Jr., the Executive Director of the Easter Seal Society, Charles Larosa, Jr., the State Easter Seal President, Allen Corbett, the State Campaign Chairman. In addition, there are members of the South Carolina Law Enforcement Association working very closely with the society and the South Carolina Restaurant Association. Together, last year, they raised $557, 000, a 25 percent increase over the year before. The top salesman of the state is C. F. Quinn, Jr. Mr. Quinn is with the Spartanburg Public Safety Department and he single handedly raised $11,285. I would like to present this resolution from the House on behalf of his hard work and dedicated efforts. He is to be commended for his caring spirit and love for his fellow man, on behalf of the House of Representatives, the Joint Committee for the Disabled and the Easter Seal Society. We appreciate him for a job well done. You may be interested to know that his entire department raised $43,000 last year. I don't know whether they did any law enforcement work or not, but they were out there. From the South Carolina Law Enforcement Association, we have Major John B. Lee, the State President, Lt. Colonel Alton T. Morris, the Project Chairman, and John L. Caudle, the Executive Director. From the Restaurant Association, Tom Fisher, the President, Harold Corley, the Project Chairman, and Thomas Sponseller, the Executive Director. I would like to introduce also the chairman of the Inmate Advisory Council, Michael Aice. I would like to say that last year the inmates in the department raised $32,816. Also, here today, is Dr. Phil Massey, the Commissioner of the Mental Retardation Department. And also, Lanelle Durant, the Director of the Developmental Disabilities Council. As you probably know, and I will repeat it, Easter Seals annually serves thousands of our citizens, both children and adults, with numerous types of disabilities. Each year, representatives are chosen to represent that group. Nominations are taken and those selected as state representatives are featured in many of the activities, publications and events. We are going to introduce to you, at this time, the special guests and their families. I would like to introduce first, to you, Senator Pope and Rep. Gentry."
Rep. GENTRY introduced the guest as follows:
"Thank you Mr. Wilder...It is indeed a pleasure for me today, and for Senator Pope to have Sammy S. Etheredge with us today. Sammy is an outstanding six year old from Saluda. He lives with Julia and Jordan Williams, his aunt and uncle. They say Easter Seals has helped them understand his disability and how to care for him. They have helped Sammy understand as well, and to be proud of his accomplishments. He has a flag with him today. Senator Pope and I gave that to him and as you can see, he is proud to be American as well. Sammy's favorite toys are the teenage mutant ninja turtles. He loves anything to do with the turtles. He attends first grade at Saluda Elementary and is doing well. Sammy receives physical and occupational therapy at the school through Easter Seals and will soon be in the follow-up clinic at the Rose M. Lowe Easter Seal Center here in Columbia. Easter Seals has also assisted them with the purchase of crutches and other equipment. His therapist, Ms. Michaels, said he was recently in trouble at school for throwing down his crutches and climbing on the monkey bars all the way to the top. Thank you."
Rep. WILDER recognized Rep. D. MARTIN and Senator Fielding to present our next guest.
Rep. D. MARTIN introduced the guest as follows:
"Anthony Julius Gregg is from Charleston County and he is the three year old son of Vera Burns and Julius Gregg from North Charleston. He attends developmental pre-school at the Easter Seal Center. Through Easter Seals, Anthony's mother believes he has gained strength, physically, emotionally and socially. He has learned to sit up with the chair provided by the center and he has made many friends in the program. The center staff said that Anthony is very social and communicates primarily through the use of picture symbols on an eye board. Since in the program, staff say that he is vocalizing more, as you hear, and is able to reach with the support of the chair. Easter Seals has given him the power to overcome. Charleston County presents him to you today and we are proud of him."
Rep. WILDER recognized Rep. TOWNSEND and Senator O'Dell to present our next guest.
Rep. TOWNSEND introduced the guest as follows:
"Members of the House and of the Joint Assembly...Today, we are honored to have Brooks Kay, a three year old from Anderson, and his parents, Mark and Jana Kay with us. Brooks has received occupational therapy and physical therapy from Easter Seals since he was eight months old. The Anderson office has provided splints and a walker. He enjoys watching Family Feud and Tiny Tunes. His favorite food is french fries with lots of ketchup. He loves to use his walker so much that sometimes his mother has to hide it from him. She said that he moved around during a recent Easter Seal picture session so much that everyone called him 'The Wild One.' Mrs. Kay said that Easter Seals saved her family so much grief and uncertainty. The Anderson Center and staff are excellent and she does not know what they would have done without them. She feels she owes them more than she can possibly express and in short, she says that they love Easter Seals. It is with great honor that Senator O'Dell and I express to this family for coming down today and we wish them the very best as they continue to work with Easter Seals."
Rep. WILDER recognized Rep. ALTMAN and Senator Hinds to present our next guest.
Senator Hinds introduced the guest as follows:
"This is Ainesley Lowrimore and her parents, Henry and Susan. Obviously, she lives in Georgetown. She participates in the Hugs Horseback Riding Program sponsored by Easter Seals in Georgetown County. When the horseback riding program was implemented, she was excited. She had never liked heights. But, when she got on the horse for the first time, she said that she felt on top of the world. Ainesley enjoys listening to the radio and collecting anything that relates to the New Kids on the Block and anything of you that have grandchildren or children know about them. Ms. Lowrimore says Easter Seals has helped Ainesley live more independently by providing physical therapy, equipment, horseback riding, but, most importantly, moral support. She goes on to say that the entire family has benefitted from Easter Seals and their special activities and information and support."
Rep. ALTMAN made the following remarks:
"I just found out that Ainesley's mother was taught by Rep. Snow's wife, Penny, and I think that we are fortunate that it wasn't Bubba Snow. Ainesley represented the Easter Seals in 1988 and she is a Girl Scout, honor student at Beck Middle School in Georgetown and she has received a number of awards in music. She received the National Science Merit Award from the United States Achievement Academy. She has promised that the next time she comes, she will bring her instrument, which is a piano."
Rep. WILDER recognized Rep. KEYSERLING to present our next guest.
Rep. KEYSERLING introduced the guest as follows:
"Emily Anne Mason is six years old and she is from Beaufort. Her father, unfortunately, is deployed with the military and is very sad not to be here. Her parents are Lisa and Richard Harrington. She was born four months prematurely and the doctors gave her little hope for survival. She has had multiple problems since birth and remained on oxygen until she was two years old. She has overcome many of her obstacles through her sheer determination and with the help of Easter Seals, who have provided her with a walker and a wheelchair. She attends Beaufort Elementary School where her walker has allowed her greater freedom. Sometimes she leads the way to lunch where she once only followed. She is truly a miracle according to her mother and makes everyone feel as special as she is."
Rep. WILDER recognized Rep. J. BROWN and Senator Patterson to present our next guest.
Rep. J. BROWN introduced the guest as follows:
"Mr. Wilder and members of this Joint Assembly...It is certainly a pleasure for Senator Patterson and I to have the opportunity to bring before you what we call a truly outstanding young man who has never quit. John Smith received a closed head injury in January, 1984 and was unconscious for over eight weeks. He remained in a local hospital for three months before receiving services as an in-patient at Charlotte Rehabilitation Center. John was first referred to Easter Seals for therapy in Columbia in 1985. At that time, he was unable to live alone and needed a walker to walk independently. John continues to receive physical therapy two times a week and occupational therapy once a week at the Rose M. Lowe Easter Seal Center. During his o.t. sessions, John is working on job related skills. His main goal in life is to drive and obtain employment. John enjoys watching basketball and his favorite team is the Chicago Bulls and his favorite player is Michael Jordan. On March 14, John will be 32 years old. Through his motivation and dedication and with the help of Easter Seals, John now lives independently and walks without assistance. This young man who certainly continues to strive and even though he is doing well, his goal is to always do better."
Upon the concludion of the presentation, the honored guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
Rep. J. HARRIS moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Part II.
Rep. BOAN proposed the following Amendment No. 130 (Doc Name L:\council\legis\amend\JIC\5474.HC), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO REPEAL SECTION 2-1-185 OF THE 1976 CODE RELATING TO PAY INCREASES FOR MEMBERS OF THE GENERAL ASSEMBLY.
Section 2-1-185 of the 1976 Code is repealed./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. BOAN 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. Baker Barber Baxley Boan Brown, H. Bruce Cato Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Fair Farr Felder Gentry Gonzales Hallman Harris, P. Harwell Haskins Hodges Houck Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Koon Littlejohn Marchbanks Martin, L. Martin, M. Mattos McCain McCraw McGinnis McKay Meacham Neilson Quinn Rama Rogers Ross Sharpe Sheheen Shirley Smith Snow Townsend Tucker Vaughn Waites Waldrop Wells Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Burch Carnell Foster Johnson, J.C. McAbee White Williams, D.
So, the amendment was adopted.
I would have voted for cutting out automatic Leg. pay raises, but inadvertently missed the recorded vote.
Rep. IRENE K. RUDNICK
Reps. CARNELL, WHITE, P. HARRIS, D. WILLIAMS, FELDER and WHIPPER proposed the following Amendment No. 136 (Doc Name L:\council\legis\amend\JIC\5456.HC), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-625 SO AS TO ESTABLISH THE MEDICAID HEALTH CARE FUND ADMINISTERED BY THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION FOR THE PURPOSE OF MATCHING FEDERAL FUNDS FOR MEDICAID PROGRAM SERVICES AND TO PRODUCE REVENUES FOR THE FUND BY A USER FEE EQUAL TO TWO AND ONE-HALF MILLS ON CIGARETTES MADE OF TOBACCO OR TOBACCO SUBSTITUTES.
A. Whereas, fifty thousand studies in the last twenty-five years have documented the risk of tobacco; and
Whereas, cigarette smoking has been linked to lung cancer, emphysema, oral and throat cancer, and heart disease; and
Whereas, smokeless tobacco has been linked to both oral cancer and tooth loss; and
Whereas, parents who smoke force their children to become passive smokers, thus causing three to seven percent deficit in lung growth; and
Whereas, of all cancer deaths thirty percent are related to smoking; and
Whereas, smokers have a seventy percent greater risk of heart disease than nonsmokers; and
Whereas, the cost of treating smokers with smoking related illnesses is a large percentage of the State's health care costs; and
Whereas, numerous citizens receiving benefits under the state Medicaid program are smokers; and
Whereas, South Carolina has one of the lowest cigarette taxes in the country; and
Whereas, health care costs are of serious concern to the General Assembly. Now, therefore,
B. Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-625. (A) In addition to a tax on cigarettes made of tobacco and tobacco substitutes imposed pursuant to Section 12-21-620(5), there is imposed a user fee equal to two and one-half mills on cigarettes made of tobacco or tobacco substitutes which must be paid and collected in the same manner that the tax imposed pursuant to Section 12-21-620(5) is paid and collected.
(B) There is established the Medicaid Health Care Fund, to be administered by the State Health and Human Services Finance Commission. The proceeds of this fund may be used only for the purpose of matching federal funds for providing Medicaid Program Services. Revenues from the user fee imposed pursuant to subsection (A) of this section must be credited to this fund."
C. This section takes effect on the first day of the fourth month following approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 136 was out of order as it was not germane as there was nothing in Section 1 of the Bill concerning a medicaid healthcare fund and that this Amendment established a new fund.
Rep. CARNELL argued contra the Point in stating that it did go back to the Health and Human Finances Commission and there were medicaid programs in that budget and in that section.
The SPEAKER stated that there are two parts to the Amendment and in order to make Section A germane, then it would have to relate back to some revenue that is collected. He further stated that in Section B, it established a new healthcare fund and that fund cannot be germane.
Rep. CARNELL argued that on Section B, he had an Amendment up on Part I, but the House adjourned debate yesterday and he had an Amendment drawn up.
The SPEAKER stated that he could not ride on the pending Amendment and had to get the Amendment in there, but he was looking at Section A and the Amendment did not amend the present tobacco tax, but added a new Code Section which added a new tax and he sustained the Point of Order and ruled the Amendment out of order.
Rep. WALDROP proposed the following Amendment No. 137 (Doc Name L:\council\legis\amend\CYY\18305.SD), which was ruled out of order.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-33-1725 SO AS TO PROVIDE THAT ANY PUBLIC SCHOOL OF THIS STATE, ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL, OR ANY STATE AGENCY OR DEPARTMENT EXPENDING STATE-APPROPRIATED OR OTHER FUNDS FOR FOOD SERVICE INCLUDING MILK MUST PROCURE AND USE ONLY CLASS A-1 MILK PRODUCED AND PROCESSED IN SOUTH CAROLINA, AND TO REQUIRE PACKAGES CONTAINING MILK USED AT THESE LOCATIONS TO HAVE A CERTIFICATION THAT THE MILK WAS PRODUCED AND PROCESSED IN THIS STATE.
The 1976 Code is amended by adding:
"Section 39-33-1725. Any public school of this State, any state-supported college, university, or technical school, or any state agency or department expending state-appropriated or other funds for food service including milk must procure and use only Class A-1 milk produced and processed in South Carolina. Packages of milk used at these locations must have a certification that the milk contained therein was produced and processed in South Carolina."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALDROP explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 137 was out of order as it was not germane in compliance with Rule 5.3.
Rep. WALDROP argued contra the Point.
The SPEAKER sustained the Point of Order.
Rep. WILKES proposed the following Amendment No. 139 (Doc Name L:\council\legis\amend\N05\7340.SD), which was ruled out of order.
Amend the bill, as and if amended, by adding a new Section to Part II.
TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS FOR REGISTERED ENVIRONMENTAL SANITARIANS FOR SIX YEARS, RETROACTIVE TO JUNE 30, 1990.
In accordance with Section 1-20-60 of the 1976 Code, the existence of the State Board of Examiners for Registered Environmental Sanitarians is reauthorized for six years, retroactive to June 30, 1990./ Renumber sections to conform.
Amend title to conform.
Rep. WILKES explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 139 was out of order as it was not germane in compliance with Rule. 5.3.
The SPEAKER sustained the Point of Order.
Reps. BOAN and MCABEE proposed the following Amendment No. 144 (Doc Name L:\council\legis\amend\N05\7336.HC), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING CHAPTER 27 IN TITLE 6 RELATING TO LOCAL GOVERNMENTS, BY ENACTING THE STATE AID TO SUBDIVISIONS ACT, SO AS TO ESTABLISH THE LOCAL GOVERNMENT FUND, TO PROVIDE THAT AN AMOUNT EQUAL TO NOT LESS THAN FOUR AND ONE-HALF PERCENT OF THE LATEST COMPLETED FISCAL YEAR'S GENERAL FUND REVENUES MUST BE TRANSFERRED TO THE FUND IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FOR THE DISTRIBUTION OF THE MONIES IN THE FUND TO COUNTIES AND MUNICIPALITIES AND THE USE OF A PORTION OF THE FUNDS FOR ALCOHOL AND DRUG ABUSE PROGRAMS, TO PROHIBIT AMENDMENTS OR REPEAL OF A SECTION OF THE CHAPTER EXCEPT BY SEPARATE LEGISLATION, TO PROVIDE FOR DISTRIBUTIONS IN FISCAL YEAR 1991-92; TO AMEND SECTIONS 12-11-50, 12-21-1120, 12-27-380, 12-31-220, 12-31-250, AS AMENDED, 12-33-30, AND 12-33-50 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF TAX REVENUES, SO AS TO REVISE THESE DISTRIBUTIONS; AND TO REPEAL SECTION 11, PART II, ACT 512 OF 1984 AND SECTIONS 12-1-110, 12-1-120, 12-1-125, 38-7-100, 38-45-60 AND 61-5-150 RELATING TO THE DISTRIBUTION OF TAX REVENUE AND FORFEITED BOND PROCEEDS.
A. Title 6 of the 1976 Code is amended by adding:
Section 6-27-10. This chapter may be cited as the State Aid to Subdivisions Act.
Section 6-27-20. There is created the Local Government Fund administered by the State Treasurer, separate and distinct from the general fund of the State. However, for the purposes of Article III, Section 36, and Article 10 of the Constitution of this State, and law implementing these constitutional provisions, the Local Government Fund is considered a part of the general fund of the State. The Local government Fund must be financed as provided in this chapter.
Section 6-27-30. In the annual general appropriations act, an amount equal to not less than four and one-half percent of general fund revenues of the latest completed fiscal year must be transferred to the Local Government Fund. The State Treasurer shall transfer monthly from general fund revenues to the Local Government Fund an amount equal to one-twelfth of the total of the transfer due the fund for the fiscal year. Interest earned on the Local Government Fund must be credited to the general fund of the state.
Section 6-27-40.(A) Not later than thirty days after the end of the calendar quarter, the State Treasurer shall distribute the monies transferred to the Local Government Fund as follows:
(1) Eighty-three and two hundred seventy-eight thousandths percent must be distributed to counties. Of the total distributed to counties, each county must receive an amount based on the ratio that the county's population is of the whole population of this State according to the most recent United States Census.
(2) Sixteen and seven hundred twenty-two thousandths percent must be distributed to municipalities. Of the total distributed to municipalities, each municipality must receive an amount based on the ratio that the municipality's population is of the population of all municipalities in this State according to the most recent United States Census.
(B) In making the quarterly distribution to counties, the State Treasurer shall notify each county of the amount that must be used for educational purposes relating to the use of alcoholic liquors and for the rehabilitation of alcoholics and drug addicts. Counties may pool these funds with other counties and may combine these funds with other funds for the same purposes. The amount that must be used as provided in this subsection is equal to twenty-five percent of the revenue derived pursuant to Section 61-5-130 allocated on a per capita basis according to the most recent United States Census.
Section 6-27-50. No section of this chapter may be amended or repealed except in separate legislation solely for that purpose."
B. (1) For fiscal year 1991-92, no county may receive less funding from the Local Government Fund created pursuant to Subsection A of this section than from formula funding from fiscal year 1990-91, if the total funding for counties from the Local Government Fund for fiscal year 1991-92 exceeds total formula funding to counties for fiscal year 1990-91.
(2) For fiscal year 1991-92, no municipality may receive less funding from the Local Government Fund created pursuant to Subsection A of this section than from formula funding from fiscal year 1990-91, if the total funding for municipalities from the Local Government Fund for fiscal year 1991-92 exceeds total formula funding to municipalities for fiscal year 1990-91.
C. Section 12-11-50 of the 1976 Code is amended to read:
"Section 12-11-50. The taxes provided for in this chapter must be paid to the commission as provided in Section 12-11-40 and the income tax paid under the provisions of this chapter must be deposited to the credit of the general fund of the State."
D. Section 12-21-1120 of the 1976 Code is amended to read:
"Section 12-21-1120. The beer and wine taxes and license fees provided for by this article must be paid to and collected by the commission and deposited to the credit of the general fund of the State."
E. Section 12-27-380 of the 1976 Code is amended to read:
"Section 12-27-380. The license tax of ten and thirty-four hundredths cents a gallon on gasoline as levied and provided for in this article must be distributed as follows: nine and thirty-four hundredths cents on each gallon must be turned over to the Department of Highways and Public Transportation for the purpose of the department and one cent a gallon must be deposited to the credit of the general fund of the State."
F. The fourth paragraph of Section 12-31-220 of the 1976 code is amended to read:
"The permit fee provided by this section is distributed as follows: (a) four-fifths to the State Highway Fund and (b) one-fifth is deposited to the credit of the general fund of the State."
G. The second paragraph of Section 12-31-250 of the 1976 Code, as amended by Act 189 of 1989, is further amended to read:
"No card or marker may be issued by the Tax Commission until after the fee provided in this section is paid. Fifty-five percent of the fees provided for by this section must be credited to the state highway fund. The remaining portion of the fees must be deposited to the credit of the general fund of the State."
H. Section 12-33-30 of the 1976 Code is amended to read:
"Section 12-33-30. The taxes levied by this chapter must be paid to and collected by the commission and, when collected, must be deposited to the credit of the general fund of the State, sixty percent of which must be credited for public school use."
I. Section 12-33-50 of the 1976 Code is amended to read:
"Section 12-33-50. A sum derived from the violation of the condition of a bond or deposit required in this chapter must be paid to the commission for deposit to the credit of the general fund of the State, sixty-five percent of which must be credited to the special school account."
J. Section 11, Part II, Act 512 of 1984, and Sections 12-1-110, 12-1-120, 12-1-125, 38-7-100, 38-45-60, and 61-5-150 of the 1976 Code are repealed.
K. This section takes effect July 1, 1991./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 145 (Doc Name L:\council\legis\amend\DKA\3236.AL), which was tabled.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-1035 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON BEER EQUAL TO THREE-TENTHS CENTS AN OUNCE AND ON WINE EQUAL TO TWENTY-SEVEN CENTS FOR EACH GALLON, AND TO PROVIDE FOR EXPENDITURE OF THE REVENUE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-33-242 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON ALCOHOLIC LIQUORS EQUAL TO SEVEN AND TWENTY-FIVE HUNDREDTHS CENTS FOR EACH EIGHT OUNCES, AND TO PROVIDE FOR EXPENDITURE OF REVENUE.
A. The 1976 Code is amended by adding:
"Section 12-21-1035. (A) In addition to the taxes levied in this article on beer and wine, there is levied and collected on all beer offered for sale in this State a license tax of three-tenths cents an ounce or fraction of an ounce and on all wines offered for sale a license tax of twenty-seven cents for each gallon or fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.
(B) The revenue from the tax imposed by this section must be credited to the State Health and Human Services Finance Commission for Medicaid payments."
B. The 1976 Code is amended by adding:
"Section 12-33-242. (A) In addition to the taxes levied in this article on alcoholic liquors, there is levied and collected on all alcoholic liquors offered for sale in this State an additional tax of seven and twenty-five hundredths cents for each eight ounces or its fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.
(B) The revenue from the tax imposed by this section must be credited to the State Health and Human Services Finance Commission for Medicaid payments."
C. This section becomes effective July 1, 1991. /
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Rep. KOON explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Cato Clyborne Cole Corbett Cork Cromer Elliott, D. Fair Felder Foster Fulmer Gentry Glover Gonzales Gregory Harris, J. Harris, P. Harwell Haskins Hayes Hodges Holt Houck Jaskwhich Johnson, J.W. Keegan Keyserling Kinon Kirsh Littlejohn Martin, D. Martin, M. McAbee McCain McCraw McElveen McGinnis McLeod Meacham Neilson Nettles Phillips Quinn Rama Rogers Rudnick Scott Sharpe Sheheen Smith Snow Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Wilkins Williams, D. Williams, J. Wofford Wright Young, A.
Those who voted in the negative are:
Altman Beatty Carnell Chamblee Cooper Corning Hendricks Huff Johnson, J.C. Keesley Kempe Koon Lanford Manly Marchbanks Martin, L. Mattos Rhoad Ross Shirley Stoddard Townsend Whipper
So, the amendment was tabled.
I abstain from voting on the beer tax amendments as it would directly affect my business.
Rep. HARRY HALLMAN
Rep. McLEOD proposed the following Amendment No. 147 (Doc Name L:\council\legis\amend\BR1\1355.AC), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FUNDS IN THE PINEWOOD HAZARDOUS WASTE CONTINGENCY FUND ALSO MAY BE USED BY THE GOVERNING BODY FOR ECONOMIC DEVELOPMENT.
Section 44-56-160(B) of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read:
"(B) There is created a Pinewood Hazardous Waste Contingency Fund to ensure the availability of funds for response actions necessary at the hazardous waste landfill located adjacent to the Town of Pinewood and to assist and promote its economic viability. This contingency fund is financed from the fee provided in Section 44-56-170(C) and (E). Of the fifteen and eighteen dollars a ton, respectively, collected under those subsections which is used to defray the cost of governmental response actions at uncontrolled hazardous waste sites, fifty cents a ton must be set aside and used exclusively for the Pinewood Hazardous Waste Contingency Fund. The monies from this fund must be returned to the governing body of the Town of Pinewood which must be used by its governing body for law enforcement, fire, health care, and emergency units to provide protection, assistance, and emergency preparedness for any contingency which might arise from the transportation and disposal site within the municipality and to promote economic development. The State Treasurer shall disburse the funds quarterly to the governing body of the Town of Pinewood. Any interest accruing from the management of the funds held pursuant to this section must be credited to this contingency fund."/
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Rep. McLEOD explained the amendment.
The amendment was then rejected by a division vote of 28 to 47.
Rep. McLEOD proposed the following Amendment No. 148 (Doc Name L:\council\legis\amend\BR1\1356.AC), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE, SO AS TO CHANGE FROM A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION NEEDED TO APPROVE EXPENDITURE OF "C" CONSTRUCTION FUNDS TO A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND AT LEAST FIFTY PERCENT OF THE SENATORS OF THE COUNTY LEGISLATIVE DELEGATION.
A. The second paragraph of Section 12-27-400 of the 1976 Code, as last amended by Act 119 of 1987, is further amended to read:
"Fifty percent of a county's apportionment of "C" construction funds may be expended for rocking or improving county roads and for street and traffic signs and other paving projects. A majority of the members of the House of Representatives and at least fifty percent of the Senators of the delegation of the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the fifty percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent."
B. The fourth paragraph of Section 12-27-400 of the 1976 Code is amended to read:
"The expenditure of funds known as 'C' construction funds must have the approval of a majority of the members of the House of Representatives and at least fifty percent of the Senators of the legislative delegation of the county in which the expenditures are to be made. The approval of the expenditure of 'C' funds must be in an equitable manner in the incorporated and unincorporated areas of the county."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. GREGORY raised the Point of Order that Amendment No. 148 was out of order as it was not germane in compliance with Rule 5.3.
Rep. McLEOD argued contra the Point.
The SPEAKER, citing page 715, paragraphs 124.12 and 124.13 of the Bill, stated that it did deal with the expenditure of funds and he overruled the Point of Order.
Rep. McLEOD continued speaking and moved to table the amendment, which was agreed to.
Rep. WHITE proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\BBM\9252.JM), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO CHANGE THE METHOD FOR ASSESSING THE TAX, PROVIDE FOR A MAXIMUM TAX OF ONE THOUSAND FIVE HUNDRED DOLLARS RATHER THAN THREE HUNDRED DOLLARS, AND PROVIDE FOR THE DEPOSIT OF EIGHTY PERCENT OF THE COLLECTED TAX IN THE GENERAL FUND AND FOR THE USE OF TWENTY PERCENT TO FUND THE EDUCATION IMPROVEMENT ACT.
A. Section 12-36-2110(A) of the 1976 Code, as added by Part II, Section 74A of Act 612 of 1990, is amended to read:
"(A) The maximum tax imposed by this chapter is three hundred dollars four percent of the first fifteen thousand dollars of the sale or lease price and five percent of the excess amount, but in no case to exceed a maximum total of one thousand five hundred dollars, for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three one thousand five hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
Of the amounts collected pursuant to the provisions of this subsection, eighty percent must be deposited in the general fund of the State and twenty percent must be used for funding of the Education Improvement Act."
B. The changes in Section 12-36-2110(A) of the 1976 Code, as contained in Part A of this section, take effect July 1, 1991./
Renumber sections to conform.
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Rep. WHITE explained the amendment.
Rep. WHITE spoke in favor of the amendment.
Reps. G. BROWN and HARWELL spoke against the amendment.
Rep. HARWELL spoke against the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. RAMA moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 24.
Amendment No. 150
I voted to table this amendment since I can still identify waste in this budget which should be cut out before considering tax increases of any kind.
Rep. J.L. MANN CROMER, JR.
Rep. G. BAILEY proposed the following Amendment No. 151 (Doc Name L:\council\legis\amend\DKA\3234.AL), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-27-400, AS AMENDED, OF THE 1976 CODE, RELATING TO DISTRIBUTION AND USE OF ADDITIONAL 2.66 CENT TAX, SO AS TO CHANGE THE ALLOCATION OF "C" FUNDS FOR ROCKING OR IMPROVING COUNTY ROADS FROM FIFTY PERCENT TO SEVENTY-FIVE PERCENT.
The second and third paragraphs of Section 12-27-400, as last amended by Act 119 of 1987, are further amended to read:
"Seventy-five percent of a county's apportionment of 'C' construction funds may be expended for rocking or improving county roads and for street and traffic signs, and other paving projects. A majority of the legislative delegation members of the county in which the expenditures are to be made must approve the roads upon which 'C' construction funds are to be expended as permitted by this paragraph and they may contract for the improvements. Roads which are improved using the seventy-five percent 'C' construction funds must be maintained by the governing body of the county. Roads constructed of rock using 'C' construction funds must consist of not less than one inch nor more than two and one-half inches of rock or its equivalent.
The construction, improvement, and maintenance of the farm-to-market or state secondary highway program and of roads using the seventy-five percent 'C' construction funds must be at least equal to the amount of revenue derived from the tax of 2.66 cents on motor fuel."/
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Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
Rep. D. ELLIOTT proposed the following Amendment No. 152 (Doc Name L:\council\legis\amend\BBM\9265.JM).
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a SECTION, appropriately numbered, to read:
TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF SALES, OR SALES PRICE OF, WAR MEMORIALS OR MONUMENTS HONORING UNITS OR CONTINGENCIES OF THE ARMED FORCES OF THE UNITED STATES OR OF THE NATIONAL GUARD, INCLUDING UNITED STATES MILITARY VESSELS, AFFIXED TO PUBLIC PROPERTY.
Section 12-36-2120 of the 1976 Code, as added by Part II, Section 74A of Act 612 of 1990, is amended by adding an appropriately numbered item to read:
"( ) war memorials or monuments honoring units or contingencies of the armed forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property."/
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Rep. D. ELLIOTT explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. KIRSH, KLAPMAN, and H. BROWN proposed the following Amendment No. 154 (Doc Name L:\h-wm\legis\amend\WM3650.143), which was adopted.
Amend the bill, as and if amended, Part 1, Section 29, Educational Television Commission, Page 0388, by adding an appropriately numbered Proviso at the end to read /29.___ The Educational Television Commission shall not solicit funds through public television or radio for any affiliated public charities unless records of such charities are open to the public./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. WOFFORD proposed the following Amendment No. 157 (Doc Name L:\council\legis\amend\JIC\5481.HC).
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO IMPOSE A FEE OF FIVE DOLLARS ON PERSONS CONVICTED OF OFFENSES IN GENERAL SESSIONS COURT, TO PROVIDE THAT THE FEE MAY NOT BE WAIVED, REDUCED, OR SUSPENDED, AND TO PROVIDE THAT FEE PROCEEDS MAY BE USED ONLY TO FUND THREE PREVIOUSLY UNFUNDED FULLTIME EQUIVALENT POSITIONS (FTE'S) IN THE CRIMINAL DIVISION, POST CONVICTION RELIEF, OR CRIMINAL APPEALS SECTION OF THE ATTORNEY GENERAL'S OFFICE.
In addition to all other fees, fines, and court costs, there is imposed a fee of five dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in general sessions court. This fee may not be waived, reduced, or suspended. The clerk of court shall collect the fees imposed by this section and forward the proceeds to the State Treasurer monthly. Fee proceeds may be used only to fund three previously unfunded fulltime equivalent positions (FTE'S) in the Criminal Division, Post Conviction Relief, or Criminal Appeals section of the Attorney General's Office./
B. This section takes effect July 1, 1991./
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Rep. WOFFORD explained the amendment.
Rep. WOFFORD continued speaking.
Rep. TUCKER moved to adjourn debate upon the amendment, which was adopted.
Rep. G. BROWN proposed the following Amendment No. 158 (Doc Name L:\council\legis\amend\BR1\1359.AC), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 44-56-160, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HAZARDOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT TWO DOLLARS A TON COLLECTED ON THE DISPOSAL OF HAZARDOUS WASTE IN SOUTH CAROLINA MUST BE TRANSFERRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO THE "BABYNET PROGRAM" ESTABLISHED PURSUANT TO THE INFANTS AND TODDLERS HANDICAPPING CONDITIONS ACT; AND TO AMEND SECTION 44-56-170, AS AMENDED, RELATING TO REPORTING CERTAIN HAZARDOUS WASTE INFORMATION TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND ASSESSMENT OF FEES ON DISPOSAL OF HAZARDOUS WASTE, SO AS TO INCREASE THESE FEES FROM TWENTY-FIVE DOLLARS A TON FOR IN-STATE WASTE TO TWENTY-SEVEN DOLLARS A TON AND FROM AT LEAST THIRTY DOLLARS A TON FOR OUT-OF-STATE WASTE TO AT LEAST THIRTY-TWO DOLLARS A TON.
A. Section 44-56-160 of the 1976 Code, as last amended by Act 196 of 1989, is further amended by adding:
"(C) Of the funds remitted to the department pursuant to Section 44-56-170(A) and (E), an amount equal to two dollars a ton must be transferred from the fund and kept in a fund separate and distinct for the department's 'Babynet Program' created to carry out the purposes of the 'Infants and Toddlers Handicapping Conditions Act', Section 44-7-2510, et seq."
B. Section 44-56-170(C) of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read:
"(C) There is imposed a fee of twenty-seven dollars a ton of hazardous wastes generated and disposed of in this State by landfilling or other means of land disposal."
C. Section 44-56-170(E) of the 1976 Code, as last amended by Act 196 of 1989, is further amended to read:
"(E) For all hazardous wastes generated outside of the State and received at a facility during the quarter each owner/operator of a hazardous waste land disposal facility shall remit to the department an amount equal to the per ton fee imposed on out-of-state waste by the state from which the hazardous waste originated but in any event no less than thirty-two dollars a ton."/
Renumber sections to conform.
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Rep. G. BROWN explained the amendment.
Rep. HUFF moved to table the amendment.
Rep. G. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, G. Baker Brown, H. Bruce Burch Cato Clyborne Cole Fair Gregory Harris, J. Haskins Huff Jaskwhich Kirsh Klapman Lanford Littlejohn Martin, L. McAbee McCain Meacham Rama Ross Sharpe Smith Snow Townsend Tucker Vaughn Wells Wilkins Wofford
Those who voted in the negative are:
Altman Baxley Beatty Brown, G. Chamblee Cooper Corbett Cork Elliott, D. Fulmer Gentry Glover Gonzales Hallman Harris, P. Harvin Holt Houck Johnson, J.C. Keegan Keesley Kempe Keyserling Koon Manly Marchbanks Martin, D. Mattos McCraw McElveen McKay McLeod Neilson Phillips Quinn Rhoad Rudnick Scott Sheheen Shirley Waites Whipper White Wilder Wilkes Williams, D. Williams, J. Wright Young, A. Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. CORBETT proposed the following Amendment No. 163 (Doc Name L:\council\legis\amend\JIC\5453.HC), which was rejected.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2120 OF THE 1976 CODE, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR NEWSPAPERS.
A. Section 12-36-2120(8) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(8) newsprint and religious publications, including the Holy Bible and the South Carolina Department of Agriculture's, The Market Bulletin;"
B. This section takes effect July 1, 1991./
Renumber sections to conform.
Amend title and totals to conform.
Rep. CORBETT explained the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 8 to 15.
Rep. WILDER spoke against the amendment.
Rep. CORBETT spoke in favor of the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 163 was out of order as it was not in compliance with Section 11-11-440 of the Code as it was a tax that would affect over 50 percent of the population in South Carolina.
The SPEAKER stated that the tax that would be imposed by the sales tax was on the sale of the newspaper by the owner of the newspaper and that was not 50 percent of the public in South Carolina and he overruled the Point of Order.
Rep. CORBETT continued speaking.
Rep. KIRSH spoke against the amendment.
Rep. D. ELLIOTT spoke against the amendment.
Rep. KOON moved to table the amendment.
Rep. RAMA raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the adoption of the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Corbett Glover Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Bennett Brown, G. Brown, H. Brown, J. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Cork Cromer Elliott, D. Fair Farr Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hendricks Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Keegan Keesley Kempe Keyserling Kinon Kirsh Koon Lanford Manly Marchbanks Martin, D. Martin, L. Martin, M. McAbee McCain McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Townsend Tucker Waites Wells White Wilder Wilkes Williams, D. Williams, J. Wofford Wright Young, A.
So, the amendment was rejected.
Rep. HODGES proposed the following Amendment No. 174 (Doc Name L:\h-wm\legis\amend\WM3650.149), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
/SECTION__
To impose a tax equal to ten percent on political campaign contributions in excess of ten thousand dollars held on December 31 of each year, to provide for the tax to be paid and a return filed on or before the due date for state individual income tax returns, to provide enforcement provisions, and to authorize the Tax Commission to promulgate regulations and prescribe procedures, rules, and forms to implement the tax.
A. A tax equal to ten percent is imposed on political campaign contributions in excess of ten thousand dollars held on December 31 of each year. All contributions held by a single candidate, committee, or political party, must be aggregated for purposes of applying the exemption amount. The tax must be reported on a form prescribed by the South Carolina Tax Commission and paid no later than the due date for state individual income tax returns without regard to any extension. The provisions of Chapter 54 of Title 12 of the 1976 Code apply to the assessment and collection of the tax imposed by this section. The South Carolina Tax Commission may promulgate regulations and prescribe rules, procedures, and forms as necessary to implement the provision of this section.
B. The funds generated from the imposition of this tax shall be credited to the State Election Commission to be used for election contractual expenses.
C. This section applies to political campaign contribution taxable years beginning after 1990./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 174 was out of order as it was not germane in compliance with Rule 5.3.
Rep. HODGES, citing page 84, line 12 of the Bill, argued contra the Point in stating that it dealt with contractual services for the Election Commission which was a line item under the budget.
The SPEAKER stated that the provision said that it had to relate to revenue in the front of the Bill and the main section of the Amendment, which imposed the tax, did not relate to anything that was in the Bill now and the Amendment attempted to relate it by increasing a line item and he sustained the Point of Order and ruled the Amendment out of order.
Rep. McCAIN proposed the following Amendment No.179 (Doc Name L:\council\legis\amend\CYY\18333.SD), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II:
TO AMEND SECTION 12-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO STATE INCOME TAX WITHHOLDING PAYMENTS, SO AS TO EXEMPT NONRESIDENT MOTION PICTURE COMPANIES FROM THE TWO PERCENT WITHHOLDING ON BUSINESS OF A TEMPORARY NATURE IN THIS STATE AND TO EXEMPT ENTITIES PERFORMING PERSONAL SERVICES FOR MOTION PICTURE COMPANIES IF THE ENTITY PERFORMING THE PERSONAL SERVICES AND THE MOTION PICTURE COMPANY EACH OBTAINS A CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THIS STATE; AND TO AMEND SECTION 12-36-2120 OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS SO AS TO DELETE THE EXEMPTION OF MOTION PICTURE FILMS SOLD OR RENTED TO THEATERS, AND TO PROVIDE FOR CERTAIN OTHER EXEMPTIONS RELATING TO SUPPLIES AND EQUIPMENT SOLD TO MOTION PICTURE COMPANIES FOR USE IN FILMING OR PRODUCING MOTION PICTURES, AND RELATING TO THE SALE OF GAS AND ELECTRICITY AND SUPPLIES USED IN THE PRODUCTION OF CERTAIN AGRICULTURAL PRODUCTS AND ACTIVITIES.
1. Section 12-9-310 of the 1976 Code, as last amended by Act 424 of 1990, is further amended to read:
"Section 12-9-310. (A) Every person, firm, corporation, association, joint-stock company, partnership, fiduciary, or the State of South Carolina, or any political subdivision of the State or any agency or any instrumentality or authority thereof, and any municipality, located within or doing business within the State, having an income within the State or having an employee earning income within this State, or in any manner whatever subject to the jurisdiction of this State, the United States or any political subdivision thereof, or any instrumentality or agency of the United States or any political subdivision thereof, or any other state or political subdivision or instrumentality or agency thereof:
(1) making payment of wages at the rate of eight hundred dollars or more per year subject to withholding shall deduct and withhold upon such wages an estimated income tax determined in accordance with tables and rules promulgated by the commission; but the commission may, in its discretion, exempt an employer from the provisions hereof who makes payment of wages to a legal resident of South Carolina, where such resident is employed in another state having income taxes withheld therein for the other state from the wages of the legal resident of this State;
(2) making payments to a nonresident of rentals or royalties at the rate of eight hundred dollars or more a year for the use of or for the privilege of using property in this State, or making payments of prizes or winnings to a resident or nonresident, shall withhold seven percent of the total amount of each payment. The rental of residential housing units, when four or fewer units are owned by a nonresident, is not subject to withholding under this section. For payments to a corporation the withholding must be at the rate of six percent. In regard to bingo prizes or winnings paid to residents or nonresidents of this State, seven percent of the total amount of each payment of five hundred dollars or more must be withheld. The provisions of this item do not apply to spectator sporting events for which an admission is charged;
(3) hiring or contracting or having a contract with any nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or could reasonably be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents. This item does not apply to a utility hiring or contracting or having a contract with any nonresident utility to perform services of a temporary nature relating to damage caused by natural forces. For purposes of this item: (a) 'natural forces' means conflagration, flood, storm, earthquake, hurricane, or other public calamity, and (b) 'utility' means any person, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage. For purposes of this item, the term nonresident does not include motion picture companies as defined in Section 12-36-2120 nor does it include entities performing personal services for motion picture companies when the motion picture companies and the personal service companies obtain a certificate of authority from the Secretary of State pursuant to Title 33.
(4) making any distribution of South Carolina taxable income to a nonresident beneficiary of any estate or trust shall withhold from the distribution seven percent of the beneficiary's South Carolina taxable income attributable to the distribution. The amounts withheld must be paid over each year to the commission with the annual tax return of the estate or trust. The nonresident beneficiary may claim the amount withheld as a credit against any South Carolina income tax liability and shall receive a refund of any excess. A trust that is exempt from taxation pursuant to Internal Revenue Code Section 501 is not subject to this item.
(B) The conditions set forth in items (2) and (3) of subsection (A) of this section may be waived by the commission, provided the payee shall insure the commission by bond, secured by an insurance company licensed by the South Carolina Insurance Commission, or deposit of securities subject to approval by the State Treasurer, or cash which shall not bear interest, that the payee will comply with all applicable provisions of Chapter 5 of this title and with the withholding requirements insofar as his obligations as a withholding agent are concerned."
2. Section 12-36-2120 of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended by adding an appropriately numbered item to read:
"( ) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, 'motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a 'motion picture company' means a company generally engaged in the business of filming or producing motion pictures."
3. (A) Section 12-36-2120(32) of the 1976 Code, as added by Section 74, Part II, Act 612 of 1990, is amended to read:
"(32) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;"
(B) Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) electricity used to irrigate crops;"
(C) Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock."
4. Section 12-36-2120 of the 1976 Code is amended by deleting item (35) in its entirety.
5. This section takes effect July 1, 1991./
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Rep. McCAIN explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 179 was out of order as it was not germane in compliance with Rule 5.3.
Rep. McCAIN argued contra the Point in stating that it affected sales tax revenue in Section 128 of Part I of the Bill.
Rep. HASKINS stated that in Section 128, the individual income tax which is directly affected by this withholding tax on the employees was affected in Part I and therefore, it was germane.
The SPEAKER, citing Section 12-9-310 of the Code, stated that it was germane as it did relate to revenue in the front part of the Bill and he overruled the Point of Order.
The amendment was then adopted.
Reps. RAMA, J. BAILEY, HOLT, J. WILLIAMS, McCAIN, WRIGHT, STURKIE, WOFFORD, JASKWHICH, FAIR, CORNING, D. MARTIN, GONZALES, HALLMAN, J. SCOTT, KEEGAN, BAKER, LITTLEJOHN, FULMER, WILDER, A. YOUNG, WHIPPER, TUCKER, BURRISS, CATO and BARBER proposed the following Amendment No. 183 (Doc Name L:\council\legis\amend\CYY\18334.SD), which was ruled out of order.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 9-11-60 OF THE 1976 CODE, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW A MEMBER OF THIS SYSTEM TO MAKE AN ELECTION WHEREBY THE MULTIPLIER USED IN CALCULATING HIS MONTHLY SERVICE RETIREMENT BENEFITS IS INCREASED FROM TWO AND FOURTEEN HUNDREDTHS PERCENT TO THREE PERCENT OF AVERAGE FINAL COMPENSATION AND TO PROVIDE THAT THE BUDGET AND CONTROL BOARD UPON HIS MAKING THIS ELECTION SHALL ADJUST THE CONTRIBUTIONS PAID BY HIM TO THE SYSTEM RETROACTIVE TO THE DATE HE ENTERED SERVICE IN AN AMOUNT SUFFICIENT TO OFFSET THE ACTUARIAL COST OF THE INCREASED RETIREMENT BENEFITS PROVIDED ABOVE.
A. Section 9-11-60(2) of the 1976 Code, as amended by Act 189 of 1989, is further amended by adding a new paragraph at the end to read:
"(2) A member of the system, at his option, may make an election with his employer to increase from two and fourteen hundredths percent to three percent the multiplier above contained in this section used to calculate his monthly benefits upon retirement. Upon making this election, his employer must notify the Budget and Control Board and the Police Officers Retirement System and the Budget and Control Board shall adjust the employee contributions paid by him retroactive to the date he entered service in an amount sufficient to offset the actuarial cost of the increased retirement benefits provided by this provision. The contributions due by a member of the system as of the effective date of this provision for past service may be paid by him in installments or in a lump sum as the member and the Board shall agree."
B. This section takes effect July 1, 1991./
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Rep. RAMA explained the amendment.
Rep. ROSS raised the Point of Order that Amendment No. 183 was out of order as it was not germane in compliance with Rule 5.3.
The SPEAKER sustained the Point of Order.
Reps. CORNING, STURKIE and RAMA proposed the following Amendment No. 184 (Doc Name L:\council\legis\amend\BBM\9270.HC), which was tabled.
Amend the bill, as and if amended, in Part II Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-36-2120 OF THE 1976 CODE RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT FOOD WHICH MAY LAWFULLY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS AND TO DELETE THE EXEMPTIONS FOR NEWSPRINT PAPER AND NEWSPAPERS; WRAPPING PAPER, WRAPPING TWINE, PAPER BAGS, AND CONTAINERS USED INCIDENT TO THE SALE AND DELIVERY OF TANGIBLE PERSONAL PROPERTY; MACHINES USED IN MANUFACTURING, PROCESSING, COMPOUNDING, MINING, OR QUARRYING TANGIBLE PERSONAL PROPERTY FOR SALE; AND ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE.
A.Section 12-36-2120 of the 1976 Code, as added by Act 612 of 1990, is amended by adding an appropriately numbered item to read:
"( ) food which may lawfully be purchased with United States Department of Agriculture food stamps;"
B. Section 12-36-2120(8) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agriculture's The Market Bulletin;"
C. Section 12-36-2120 of the 1976 Code, as added by Act 612 of 1990, is amended by deleting items (14), (17), and (19) which read:
"(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;
(17) machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. 'Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;
(19) electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale;"
D. This section takes effect July 1, 1991./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CORNING explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 184 was out of order as it was not germane in that it would affect over 50 percent of the population.
Rep. CORNING argued contra the Point in stating that the tax was on the manufacturer and not the public and he was eliminating the tax on the people.
The SPEAKER stated that you cannot enact any general tax increase or new general tax in the Appropriations Bill and that meant new taxes which applied to over 50 percent of the population as a whole and the Amendment relieved the tax on food and not increased it and he overruled the Point of Order.
Rep. McLEOD moved to table the amendment.
Rep. CORNING 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. Baker Baxley Beasley Bennett Boan Brown, G. Brown, H. Bruce Burch Burriss Carnell Cato Chamblee Clyborne Cole Cooper Fair Farr Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Haskins Hayes Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kirsh Koon Lanford Littlejohn Marchbanks Martin, L. Mattos McAbee McCain McCraw McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Rama Rhoad Ross Scott Sharpe Sheheen Shirley Short Smith Snow Townsend Tucker Vaughn Waldrop Wells Wilder Wilkins Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Beatty Corbett Cork Corning Glover Kempe Keyserling Klapman Manly Martin, D. McElveen Quinn Rudnick Waites Whipper Wilkes Williams, D.
So, the amendment was tabled.
Reps. CARNELL, WHITE, P. HARRIS, D. WILLIAMS, RHOAD and WHIPPER proposed the following Amendment No. 191 (Doc Name L:\council\legis\amend\N05\7352.HC), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TAX ON TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON EACH CIGARETTE FROM THREE AND ONE-HALF TO SIX MILLS AND TO PROVIDE THAT PROCEEDS OF THE ADDITIONAL TWO AND ONE-HALF MILLS TAX MAY BE USED ONLY FOR MATCHING FEDERAL FUNDS FOR MEDICAID PROGRAM SERVICES.
A. Whereas, fifty thousand studies in the last twenty-five years have documented the risk of tobacco; and
Whereas, cigarette smoking has been linked to lung cancer, emphysema, oral and throat cancer, and heart disease; and
Whereas, smokeless tobacco has been linked to both oral cancer and tooth loss; and
Whereas, parents who smoke force their children to become passive smokers, thus causing three to seven percent deficit in lung growth; and
Whereas, of all cancer deaths thirty percent are related to smoking; and
Whereas, smokers have a seventy percent greater risk of heart disease than nonsmokers; and
Whereas, the cost of treating smokers with smoking related illnesses is a large percentage of the State's health care costs; and
Whereas, numerous citizens receiving benefits under the state Medicaid program are smokers; and
Whereas, South Carolina has one of the lowest cigarette taxes in the country; and
Whereas, health care costs are of serious concern to the General Assembly. Now, therefore,
B. Section 12-21-620(5) of the 1976 Code is amended to read:
"(5) Upon all cigarettes made of tobacco or any substitute therefor, six mills on each cigarette;"
C. The proceeds from two and one half mills of the tax imposed pursuant to Section 12-21-620(5) of the 1976 Code must be credited to the State Health and Human Services Finance Commission and used only for the purpose of matching federal funds for providing Medicaid program services.
D. This section takes effect on the first day of the fourth month following approval by the Governor./
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Rep. CARNELL explained the amendment.
Rep. SNOW raised the Point of Order that Amendment No. 191 was out of order as it was not germane in compliance with Rule 5.3.
Rep. BAXLEY further raised the Point that the Amendment was out of order as Section A was not germane because it was preamble type language.
The SPEAKER stated that he could not rule on germaneness on each Section of the Amendment unless the House divided the question on each section of the Amendment.
Rep. BAXLEY further argued, citing Rule 5.3, that the preamble in Section A did not comply with the Rule.
The SPEAKER overruled the Point of Order.
Rep. BAXLEY further raised the Point that it was not germane as the effective date of the Amendment, under Section D on page 4, was the first day of the fourth month following approval by the Governor. He further stated that all revenue provisions must be for the fiscal year referred to in the Bill.
The SPEAKER stated that if the Bill did not get adopted and the Amendment being a part of it, then it failed. But, if the Bill was adopted, then it would be effective for July 1, 1991-June 30, 1992 and even if it were adopted on June 26, it would be effective for the fourth month into that fiscal year and it would apply to the fiscal year and he overruled the Point of Order.
Rep. CARNELL continued speaking.
Rep. CARNELL spoke in favor of the amendment.
Reps. RHOAD and WILDER spoke in favor of the amendment.
Rep. WILDER continued speaking.
Reps. MATTOS and KEESLEY spoke in favor of the amendment.
Rep. BAXLEY moved to table the amendment.
Rep. NETTLES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barber Baxley Beasley Brown, G. Bruce Burriss Clyborne Cole Cork Corning Cromer Elliott, D. Foster Fulmer Harris, J. Harwell Haskins Jaskwhich Keegan Kinon Kirsh Martin, M. McCain McGinnis McKay Meacham Neilson Nettles Quinn Rama Sharpe Sheheen Snow Vaughn Wells Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Beatty Bennett Brown, H. Brown, J. Carnell Chamblee Cooper Corbett Fair Farr Felder Gentry Glover Gonzales Harris, P. Hayes Hodges Holt Houck Huff Johnson, J.C. Keesley Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McLeod Phillips Rhoad Ross Rudnick Scott Shirley Short Smith Stoddard Sturkie Townsend Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Young, R.
So, the House refused to table the amendment.
Rep. BAXLEY moved to divide the question.
Rep. WALDROP moved to table the motion.
Rep. BAXLEY 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. Beatty Bennett Brown, H. Brown, J. Bruce Burriss Carnell Chamblee Cooper Corbett Cromer Fair Farr Felder Gentry Glover Harris, J. Harris, P. Hayes Hodges Holt Houck Huff Johnson, J.C. Keesley Kempe Keyserling Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McLeod Phillips Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Stoddard Sturkie Townsend Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Williams, D. Wofford
Those who voted in the negative are:
Bailey, G. Baker Barber Baxley Beasley Brown, G. Clyborne Cole Cork Elliott, D. Foster Fulmer Gonzales Harwell Haskins Jaskwhich Keegan Kinon Kirsh Martin, M. McKay Meacham Neilson Nettles Quinn Rama Snow Vaughn Wilkins Wright Young, A. Young, R.
So, the motion to divide the question was tabled.
Rep. D. ELLIOTT spoke against the amendment.
Rep. KLAPMAN moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baker Baxley Brown, G. Clyborne Cooper Klapman Martin, M. Snow
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Beasley Beatty Bennett Boan Brown, H. Bruce Burriss Carnell Cato Cole Corbett Cork Cromer Fair Farr Felder Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Haskins Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kinon Kirsh Koon Lanford Littlejohn Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod Meacham Neilson Nettles Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
So, the House refused to adjourn.
Rep. LITTLEJOHN moved that the House recede until 8:30.
Rep. P. HARRIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Fair Littlejohn Short Snow
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Beasley Beatty Bennett Boan Brown, G. Brown, H. Bruce Carnell Cato Clyborne Cooper Corbett Cork Corning Cromer Farr Fulmer Gentry Glover Gonzales Harris, J. Harris, P. Harvin Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.W. Keegan Keesley Kempe Kinon Koon Lanford Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McElveen McGinnis McLeod Meacham Neilson Phillips Ross Rudnick Scott Sharpe Sheheen Shirley Smith Sturkie Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A.
So, the House refused to recede until 8:30.
Rep. D. ELLIOTT continued speaking.
Reps. G. BROWN and SNOW spoke against the amendment.
Rep. HASKINS moved that the House do now adjourn.
Rep. STURKIE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Baker Baxley Beasley Brown, G. Bruce Clyborne Cole Cooper Cork Elliott, D. Foster Harwell Haskins Kinon Koon Manly Martin, D. Martin, L. Martin, M. McGinnis McKay Nettles Rogers Snow Townsend Vaughn Wells Wilkes Wright Young, R.
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, J. Barber Beatty Bennett Boan Brown, H. Burch Burriss Carnell Cato Chamblee Corbett Cromer Fair Farr Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Harvin Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kirsh Klapman Lanford Littlejohn Marchbanks Mattos McAbee McCraw McElveen McLeod Meacham Neilson Phillips Quinn Rama Rhoad Ross Rudnick Scott Sharpe Sheheen Shirley Smith Sturkie Tucker Waites Waldrop Whipper Wilder Wilkins Williams, D. Williams, J. Wofford Young, A.
So, the House refused to adjourn.
Rep. SNOW continued speaking.
Rep. RHOAD spoke in favor of the amendment.
Rep. M. MARTIN spoke against the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 191 was out of order as it would affect more than 50 percent of the population.
The SPEAKER stated that it only applied to Subsection 5 of the Code Section which applied taxes for all tobacco products and the Amendment only applied to cigarettes and he overruled the Point of Order.
Rep. WRIGHT moved that the House do now adjourn.
Rep. McABEE raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Baker Baxley Beasley Brown, G. Bruce Clyborne Cole Cooper Cork Elliott, D. Foster Glover Harwell Haskins Hendricks Keyserling Kinon Koon Manly Marchbanks Martin, L. Martin, M. McCain McKay McLeod Nettles Rogers Ross Snow Townsend Vaughn Wilkes Wright Young, A. Young, R.
Those who voted in the negative are:
Altman Bailey, G. Bailey, J. Beatty Bennett Boan Brown, H. Burch Burriss Carnell Cato Chamblee Corbett Cromer Fair Farr Felder Fulmer Gentry Gonzales Gregory Hallman Harris, J. Harris, P. Hayes Hodges Holt Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Kirsh Klapman Lanford Littlejohn Mattos McAbee McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rama Rhoad Rudnick Scott Sharpe Sheheen Shirley Short Smith Sturkie Tucker Waites Waldrop Wells Whipper White Wilder Williams, D. Williams, J. Wofford
So, the House refused to adjourn.
Rep. RAMA moved that the House recede until 8:30.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Cooper Elliott, D. Fair Koon Littlejohn Martin, M. Rama Snow Williams, J. Wright Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Baker Baxley Beasley Beatty Bennett Bruce Burriss Carnell Cato Chamblee Clyborne Cole Corbett Cork Cromer Farr Felder Foster Fulmer Gentry Gonzales Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Houck Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Lanford Manly Marchbanks Martin, L. McAbee McCraw McKay McLeod Meacham Neilson Nettles Phillips Quinn Rhoad Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Sturkie Townsend Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Young, A.
So, the House refused to recede until 8:30 P.M.
Rep. SHIRLEY spoke in favor of the amendment.
Rep. WILDER moved immediate cloture on the entire matter.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Bailey, J. Beatty Boan Brown, H. Burriss Carnell Cato Corbett Cromer Farr Foster Gentry Glover Gonzales Harris, P. Harvin Hayes Hendricks Hodges Holt Houck Jaskwhich Johnson, J.C. Johnson, J.W. Keegan Keesley Kempe Keyserling Lanford Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCain McCraw McElveen McLeod McTeer Rhoad Rudnick Scott Shirley Short Smith Stoddard Sturkie Tucker Waites Waldrop Whipper Wilder Williams, D. Wofford
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Baker Barber Baxley Beasley Bennett Brown, G. Bruce Chamblee Clyborne Cole Cooper Cork Elliott, D. Fair Felder Fulmer Hallman Harris, J. Harwell Haskins Huff Kinon Kirsh Koon Littlejohn Martin, M. McGinnis McKay Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Sheheen Snow Townsend Vaughn Wells Wilkes Wilkins Williams, J. Wright Young, A. Young, R.
So, immediate cloture was invoked.
Rep. G. BROWN moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
REP. BAXLEY inquired whether under cloture an individual could be heard on the Bill for one hour.
The SPEAKER stated that under Rule 8.6 (A) no member could be heard for more than ten minutes. He further stated that it was one hour for the proponent of the Amendment and one hour for the opponent and no member having more than ten minutes.
Rep. PHILLIPS spoke in favor of the amendment.
Reps. HARWELL and BEASLEY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAXLEY 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. Beatty Brown, H. Carnell Chamblee Cooper Fair Farr Felder Gentry Glover Harris, P. Hayes Hendricks Hodges Holt Houck Huff Johnson, J.C. Keesley Kempe Keyserling Kinon Klapman Koon Lanford Littlejohn Manly Marchbanks Martin, D. Martin, L. Mattos McAbee McCraw McElveen McLeod McTeer Phillips Rhoad Ross Rudnick Scott Sharpe Shirley Short Smith Tucker Waites Waldrop Whipper White Wilder Wilkes Williams, D. Williams, J.
Those who voted in the negative are:
Bailey, G. Baker Barber Baxley Beasley Bennett Brown, G. Bruce Burch Burriss Cato Clyborne Cole Cork Cromer Elliott, D. Foster Fulmer Gonzales Harris, J. Harwell Haskins Jaskwhich Johnson, J.W. Keegan Kirsh Martin, M. McCain McGinnis McKay Meacham Neilson Nettles Quinn Rama Rogers Sheheen Snow Sturkie Vaughn Wells Wilkins Wofford Wright Young, A. Young, R.
So, the amendment was adopted.
Rep. Townsend (Present) Nay
Rep. Corbett (Absent) Aye
I abstain from voting on the tobacco tax amendments as it would directly affect my business.
Rep. HARRY HALLMAN
I did not vote on the medicaid section of the budget pending an Ethics Committee ruling I have requested.
Rep. ALEX HARVIN III
Rep. SNOW moved that the House do now adjourn, which was adopted.
Rep. BOAN moved to reconsider the vote whereby Part II, Section 4, Amendment #17 (adding Section 19), Amendment #47 (adding Section 20), Amendment #130 (adding Section 21), Amendment #144 (adding Section 22), Amendment #151 (adding Section 23), Amendment #154 (adding Section 24), Amendment #158 (adding Section 25), Amendment #179 (adding Section 26), and Amendment #191 (adding Section 27) were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to Part II.
At 7:25 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Adrian D. Johnson and Ronald Nathan, to meet at 10:00 A.M. tomorrow.
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Tuesday, June 30, 2009 at 8:52 A.M.