Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We thank You, Lord, for Your extended hand to us. May we seize it, and cling to it like filings clinging to a magnet, knowing that when we follow You we have no need to be overly anxious about the future. Dispel all worry from our minds as we have been taught that "worry pulls tomorrow's cloud over today's sunshine." Forbid that we should become so busy preparing for a rainy day that we miss today's sunshine. Lead us to be good examples for others knowing that the way we live is so often a child's classroom.
Hear us, Heavenly Father, as we pray in trust and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ROGERS moved that when the House adjourns, it adjourn in memory of Elliott D. "Duby" Thompson, which was agreed to.
The following was introduced:
H. 4891 -- Reps. Rogers, Waites, Scott, Shissias, Quinn, Harrison, J. Brown, Neal, Byrd, Corning, Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Richardson, Riser, Robinson, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF C. HEYWARD BELSER OF COLUMBIA, FORMER CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, WHO DIED THURSDAY, MARCH 3, 1994.
Whereas, the members of the General Assembly were saddened to learn of the death of Columbia attorney, C. Heyward Belser on Thursday, March 3, 1994; and
Whereas, the death of this most distinguished statesman brings to a close the career of one of South Carolina's most distinguished figures in state politics; and
Whereas, during his Chairmanship of the House Judiciary Committee, he was instrumental in getting the South Carolina Constitution extensively revised; and
Whereas, Mr. Belser is the grandson of the late Duncan Clinch Heyward, Governor of South Carolina from 1903 to 1907; and
Whereas, Mr. Belser was also a gifted tennis player, playing competitively all his life and was a member of the South Carolina Tennis Hall of Fame with a string of titles in singles and doubles competition, too numerous to mention; and
Whereas, Mr. Belser was educated in the Columbia public schools and graduated magna cum laude from the University of South Carolina; and
Whereas, he was a Phi Beta Kappa graduate of the University of South Carolina's master degree program and received his law degree from Yale University; and
Whereas, during World War II Mr. Belser served as a pilot in the India-China-Burma theater and earned the Distinguished Flying Cross; and
Whereas, after the war, Mr. Belser practiced law in New York and Washington, D.C.; he returned to Columbia to establish and become the Senior Partner of Belser, Baker, Barwick, Ravenel, Toal and Bender; and
Whereas, in 1985 Heyward Belser joined Blue Cross and Blue Shield and Companion Corporation as Senior Vice President and General Counsel; and
Whereas, the members of the General Assembly and all those with whom he came in contact will miss his standards of excellence, his brilliant insight, his courtesy, and his humor; and
Whereas, it is with great sadness that the career of such an extraordinary individual has come to a close, but due to his unselfish dedication to his State, he has ensured that generations to come will benefit from the work he has so diligently crafted. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly extend their sympathy to the friends and family of C. Heyward Belser of Columbia, former Chairman of the House Judiciary Committee, who died Thursday, March 3, 1994.
Be it further resolved that a copy of this resolution be forwarded to his wife, Shelvie Culbreth Belser.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The question of a quorum was raised. A quorum was later present.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Canty Cato Chamblee Clyborne Cobb-Hunter Cromer Davenport Fair Farr Fulmer Gamble Gonzales Govan Hallman Harrell Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Hutson Inabinett Keegan Kelley Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Mattos McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Richardson Riser Rogers Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, March 8.
Lucille S. Whipper William D. Keyserling Alfred B. Robinson, Jr. James H. Harrison Irene K. Rudnick David A. Wright Daniel T. Cooper F.G. "Greg" Delleney, Jr. James P. Harrelson James N. Law Larry L. Elliott Kenneth Kennedy William S. Houck Denny W. Neilson June S. Shissias Thomas C. Alexander Douglas Jennings, Jr. Joseph T. McElveen, Jr. Roland S. Corning Dell Baker Jennings G. McAbee John J. Snow, Jr. Lindsey O. Graham Alma W. Byrd E.B. McLeod, Jr. John G. Felder Michael F. Jaskwhich C. Alex Harvin, III Thomas E. Huff Morgan Martin Marion P. Carnell C. Lenoir Sturkie Larry L. Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. CARNELL a temporary leave of absence.
Rep. WILKINS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 7.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4892 -- Reps. McLeod and G. Brown: A BILL TO AMEND SECTION 48-9-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO SERVE WITH ELECTED COMMISSIONERS AS THE GOVERNING BODY OF A SOIL AND WATER CONSERVATION DISTRICT, SO AS TO AUTHORIZE THE APPOINTMENT OF A MAXIMUM OF TWO ADDITIONAL COMMISSIONERS; AND TO AMEND SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS, SO AS TO DELETE THE REFERENCE TO THE NUMBER OF COMMISSIONERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4893 -- Reps. Rogers, Waites, Scott, J. Brown, Byrd and Neal: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD MUNICIPALITIES.
Referred to Committee on Ways and Means.
The following was introduced:
H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IB.
Rep. HALLMAN moved to reconsider the vote whereby Amendment No. 55 was tabled in Section 54, Part IA, and the motion was noted.
Section 1 was adopted.
Section 1A was adopted.
Section 2 was adopted.
Section 2A was adopted.
Rep. CARNELL proposed the following Amendment No. 63 (Doc Name L:\h-wm\legis\amend\3.COM), which was adopted.
Amend the bill, as and if amended, Part 1B, Section 3, Legislative Division, Page 511, Paragraph 34, Line 36, left column by striking /$300/ and inserting /$500/ and adding after /month/ This increase shall be effective on January 1, 1995/
Renumber sections & amend totals/title to conform.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Rep. STILLE proposed the following Amendment No. 58 (Doc Name L:\h-wm\legis\amend\TMR.J1), which was tabled.
Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 36-40, by striking the paragraph in its entirety
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 59 (Doc Name L:\h-wm\legis\amend\TMR.J2), which was tabled.
Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 38-40, by striking /and shall provide the same for Supreme Court Justices & Judges of the Court of Appeals upon their request/
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 41 to 21.
Rep. STILLE proposed the following Amendment No. 61 (Doc Name L:\h-wm\legis\amend\TMR.J4), which was tabled.
Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 5, Lines 21-22, by striking /Supreme Court Justice, Court of Appeals Judge/
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 45 to 24.
Section 4A was adopted.
Rep. BOAN proposed the following Amendment No. 9 (Doc Name L:\h-wm\legis\amend\DH.SL2), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 515, Paragraph 6, by striking the paragraph in its entirety
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\DH.DOL), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 518, Paragraph 44, by striking the paragraph in its entirety
Renumber sections & amend totals/title to conform.
Section 6DD as amended was adopted.
Section 8 was adopted.
Rep. BOAN explained the section.
Section 9 was adopted.
Section 10 was adopted.
Rep. BOAN proposed the following Amendment No. 11 (Doc Name L:\h-wm\legis\amend\DH.AG), which was adopted.
Amend the bill, as and if amended, Part IB, Section 11, AG, Page 520, Paragraph 3, Line 44, by inserting after /him/ /This provision shall not apply to the State Budget and Control Board/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.
Section 12 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Section 17 was adopted.
Rep. HODGES proposed the following Amendment No. 22 (Doc Name L:\h-wm\legis\amend\CJ.FUN), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, Division of Executive Director, Page 525, Paragraph 5, Line 9, by inserting after /if necessary./ /All/
Further amend, Page 525, Line 10, by inserting after /provided herein/ the words /shall be/
Further amend, Page 525, Line 22, by adding after /fiscal year./ the sentence /The Budget and Control Board shall contract for the director of the Center for Total Quality Management from existing funds/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the section.
Section 17C as amended was adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\h-wm\legis\amend\TMR.BC), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17E, OGS, Page 526, Paragraph 5, Line 39, by striking /State Engineer/ and inserting /Director of Office of General Services/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 78 (Doc Name L:\h-wm\legis\amend\DC.CON), which was ruled out of order.
Amend the bill, as and if amended, Part 1B, Section 17E, Division of Operations, Page 529, After Line 39, by adding an appropriately numbered paragraph to read /(0IS-Bidding of Reinsurance Contracts) Upon the conclusion of the current coverage period, contracts administered by the Office of Insurance Services for Automobile Liability Reinsurance,, Medical Professional Liability Reinsurance and Property Reinsurance shall be bid every three years/
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. SHARPE raised the Point of Order that Amendment No. 78 was out of order as it was not germane.
Rep. RICHARDSON argued contra the Point in stating that it did involve money.
The SPEAKER, citing Section 17E on page 70, stated that it had to relate to money in Section 17E of the Bill.
Rep. RICHARDSON continued to argue contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Section 17E as amended was adopted.
Rep. McABEE explained the section.
The SPEAKER granted Rep. R. YOUNG a temporary leave of absence.
Rep. McABEE continued speaking.
Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.
Rep. KOON proposed the following Amendment No. 86 (Doc Name L:\council\legis\amend\DKA\3290JM.94), which was tabled.
Amend the bill, as and if amended, Part IB, Temporary Provisions, page 536, right hand column, by adding immediately after line 4:
/SECTION 17J - BUDGET AND CONTROL: OFFICE OF GENERAL SERVICES
1. (State Print/Duplicating) Notwithstanding any other provision of law, the Information Technology Management Office of the Division of General Services of the State Budget and Control Board shall set production standards for state print/duplicating facilities and approve all printing/duplicating equipment purchases by state agencies. This office shall make recommendations to the Budget and Control Board to close or combine facilities when proven cost effective to the operation of state government./
Renumber items and sections & amend totals/title to conform.
Rep. KOON explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
Rep. KIRSH proposed the following Amendment No. 119 (Doc Name L:\h-wm\legis\amend\TMR.024), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17P, State Auditor, Page 537, Paragraph 7, by striking the paragraph in its entirety.
Renumber sections & amend totals/title to conform.
Section 17P as amended was adopted.
Section 17R was adopted.
Section 17S was adopted.
Section 17T was adopted.
Reps. BOAN, WHITE and McTEER proposed the following Amendment No. 50 (Doc Name L:\h-wm\legis\amend\CJ.MUS), which was adopted.
Amend the bill, as and if amended, Part 1B, Section 18A, Commission on Higher Education, Page 543, Line 11, by adding an appropriately numbered item/paragraph to read in the left column /of the funds appropriated to the Higher Education Formula, $159,000 shall be allocated to the Medical University of South Carolina for a Diabetes Center of Excellence/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. McTEER explained the section.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Rep. McTEER moved to adjourn debate upon the section, which was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Rep. WELLS proposed the following Amendment No. 31 (Doc Name L:\h-wm\legis\amend\CJ), which was adopted.
Amend the bill, as and if amended, Part IB, Section 23, Deaf and Blind, Page 563, Paragraph 4, right column, Line 32, by striking the proviso in its entirety.
Renumber sections & amend totals/title to conform.
Rep. WELLS explained the amendment.
The amendment was then adopted.
Rep. BOAN explained the section.
Section 23 as amended was adopted.
Section 24 was adopted.
Section 25 was adopted.
Reps. WAITES, GONZALES and STILLE proposed the following Amendment No. 93 (Doc Name L:\council\legis\amend\JIC\5714HTC.94), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 26, State Library, Paragraph 1, page 566, left column, by striking beginning on line 28: /To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year./
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
The amendment was then adopted.
Section 26 as amended was adopted.
Section 27 was adopted.
Section 28 was adopted.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 84 (Doc Name L:\h-wm\legis\amend\VC.014), which was tabled.
Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 569, by adding an appropriately numbered paragraph to read /OF the funds appropriated herein, DHHS shall implement a Medically Needy Program effective October 1, 1994. This program shall assist those persons whose medical bills exhaust their income. Individuals eligible under this coverage group are entitled to receive all of the Medicaid covered services which are available to other Medicaid recipients./
Renumber sections & amend totals/title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
Rep. MATTOS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 47 to 45.
Section 29 was adopted.
Reps. WITHERSPOON, RISER and SHARPE proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\N05\7665BDW.94).
Amend the bill, as and if amended, Part IB, SECTION 30, page 573, line 26, paragraph 23, after the first sentence, by inserting:
/The fee must not be collected from agricultural operations involved in the production and processing of agricultural commodities and which do not sell water to their customers./
Renumber sections & amend totals/title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 57.
Rep. BOAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. SHARPE, HARWELL, CHAMBLEE, McTEER, DAVENPORT, R. SMITH, RISER, STODDARD, D. WILDER, ROBINSON, MARCHBANKS, KOON, CARNELL, TROTTER, THOMAS, WITHERSPOON, WORLEY, WRIGHT, COBB-HUNTER, ASKINS, KELLEY, McELVEEN, G. BROWN and STONE proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\CYY\15842AC.94), which was adopted.
Amend the bill, as and if amended, Part IB, page 573, by deleting in the right-hand column lines 36-44 and on page 574, by deleting in the left-hand column lines 1-6 and inserting:
/Each public water supply shall pay the department a user fee of not more than fifty cents a month for each service connection based upon the number of service connections in use on July first of the state fiscal year in which the user fee is to be paid./
Renumber sections & amend totals/title to conform.
Rep. SHARPE explained the amendment.
Rep. HASKINS moved to table 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. Anderson Askins Bailey, J. Baker Barber Breeland Brown, J. Byrd Cato Davenport Fair Farr Hallman Harrell Haskins Holt Hutson Jaskwhich McMahand Neal Rogers Scott Vaughn Waites Whipper Wilkins
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baxley Beatty Boan Brown, G. Brown, H. Chamblee Cobb-Hunter Corning Cromer Delleney Elliott Gamble Govan Graham Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Houck Inabinett Keegan Kelley Kennedy Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Walker Wells White Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
Rep. WITHERSPOON spoke in favor of the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 45 was out of order in compliance with 11-11-440 of the Code in that it affected over 50 percent of the population.
Rep. BOAN stated that half of the population would not be served by this amendment even if you interpret the fee increase to be a tax increase.
The SPEAKER stated that there was a distinction between a user fee and a tax.
Rep. ROGERS, citing Black's Law Dictionary, Fifth Edition, stated that the term tax was defined as a pecuniary burden laid upon individuals or property to support the government, and is a payment exacted by legislative authority. He further stated that that was a primary definition referenced in re Mytinger, 31 F. Supp. 977, 978 and 979. He further stated that the amendment required the imposition of a pecuniary burden made upon the individuals and the House was going to require it as the legislative authority and that it was clearly in the nature of a tax.
The SPEAKER stated that there are approximately a million taps on public water systems in South Carolina and there are 3.1 million people in South Carolina.
Rep. HASKINS stated that everyone who lived in a home where there was a tap was affected by the increase.
The SPEAKER stated that 11-11-440 meant tax increases and new tax increases which would apply to over 50 percent of the population and that meant over 50 percent of the population would have to pay the tax and he overruled the Point of Order.
Rep. STILLE moved to adjourn debate upon the amendment.
Rep. BOAN moved to table the motion.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baxley Boan Brown, G. Brown, H. Canty Chamblee Cobb-Hunter Corning Delleney Elliott Gamble Govan Harrelson Harris, J. Harris, P. Harwell Hines Houck Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin McCraw McKay McTeer Neal Neilson Phillips Quinn Rhoad Richardson Riser Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stone Stuart Thomas Trotter Tucker Waldrop Walker White Wilder, J. Wilkes Williams Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Breeland Brown, J. Byrd Cato Clyborne Cooper Cromer Fair Farr Gonzales Hallman Harrell Harvin Haskins Hutson Inabinett Jaskwhich Kirsh Mattos McElveen McMahand Meacham Moody-Lawrence Robinson Rogers Rudnick Scott Shissias Simrill Stille Vaughn Waites Wells Whipper Wilder, D. Wilkins Wofford
So, the motion to adjourn debate was tabled.
Reps. VAUGHN, HUTSON and MEACHAM spoke against the amendment.
Rep. VAUGHN moved to adjourn debate upon the amendment.
Rep. BOAN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. MEACHAM moved to table the amendment.
Rep. McTEER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baxley Boan Brown, G. Brown, H. Cobb-Hunter Davenport Delleney Elliott Felder Gamble Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Huff Inabinett Jennings Keegan Kelley Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McLeod McTeer Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Smith, R. Snow Spearman Stone Stuart Sturkie Thomas Trotter Tucker Waldrop Walker White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Beatty Breeland Brown, J. Byrd Canty Cato Chamblee Cooper Cromer Fair Farr Fulmer Hallman Harrell Haskins Holt Hutson Jaskwhich Kirsh Mattos McMahand Meacham Moody-Lawrence Rogers Rudnick Scott Shissias Simrill Stille Vaughn Waites Wells Whipper Wilkins Young, A.
So, the amendment was adopted.
Reps. STILLE, CHAMBLEE, COOPER, ROBINSON, ALLISON and WALKER proposed the following Amendment No. 135 (Doc Name L:\h-wm\legis\amend\DC.027), which was tabled.
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 573, by striking in its entirety the paragraph.
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Barber Boan Breeland Brown, G. Canty Cobb-Hunter Corning Delleney Elliott Farr Felder Gamble Gonzales Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon McAbee McCraw McElveen McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Snow Spearman Stoddard Stone Stuart Sturkie Tucker Waites Waldrop Whipper White Wilder, J. Wilkes Williams Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Baxley Beatty Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cooper Davenport Fair Fulmer Graham Hallman Harris, P. Haskins Huff Hutson Jaskwhich Klauber Lanford Law Littlejohn Marchbanks Mattos McMahand Meacham Robinson Shissias Simrill Smith, D. Smith, R. Stille Thomas Trotter Vaughn Walker Wells Wilder, D. Wilkins Wofford Young, A.
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 112 (Doc Name L:\h-wm\legis\amend\DC.019), which was tabled.
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 574, Line 7, by adding /Funds generated from the drinking water fee shall not be used for the purchase of equipment or for adding personnel to perform work which the private sector bids on or is willing to bid on./
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. SHARPE spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Corning Cromer Delleney Elliott Felder Fulmer Gamble Govan Graham Harrelson Harris, J. Harris, P. Harwell Hines Houck Inabinett Jennings Keegan Kelley Keyserling Kirsh Koon Martin McAbee McCraw McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Riser Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stoddard Stone Stuart Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Worley
Those who voted in the negative are:
Allison Anderson Baker Barber Cato Chamblee Cooper Davenport Fair Farr Hallman Haskins Hutson Jaskwhich Klauber Lanford Law Littlejohn Marchbanks Meacham Quinn Robinson Simrill Smith, D. Stille Trotter Wells Wilkins
So, the amendment was tabled.
Debate was resumed on Amendment No. 46, by Reps. WITHERSPOON, et al.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 151 (Doc Name L:\h-wm\legis\amend\VC.028).
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 576, by adding an appropriately numbered paragraph to read: /__. DHEC is authorized to permanently waive collection of per day administrative fees for Medicaid nursing home beds./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. McABEE moved to adjourn debate upon the amendment, which was adopted.
Rep. McABEE moved to adjourn debate upon the section, which was adopted.
Rep. G. BAILEY moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Part IB.
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.
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Section 31 was adopted.
Section 32 was adopted.
Section 33 was adopted.
Rep. BOAN proposed the following Amendment No. 114 (Doc Name L:\h-wm\legis\amend\DH.009), which was adopted.
Amend the bill, as and if amended, Part IB, Section 34, Department of Public Safety, Page 579, by adding an appropriately numbered paragraph to read: /In consultation with the House Ways and Means Committee and the Senate Finance Committee, the Department of Public Safety is authorized to realign it's fiscal year 1994-95 appropriations into a revised structure to reflect actual program operations./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 34 as amended was adopted.
Reps. GAMBLE, STUART, SHISSIAS, PHILLIPS and McCRAW proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\GJK\20586SD.94), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 35, which begins on page 579, by adding an appropriately numbered paragraph to read:
/____. On January 1, 1995, the Food Stamp Fraud Unit of the Department of Social Services is hereby transferred to the Attorney General's office, and the duties, powers, and functions of the Food Stamp Fraud Unit, as provided by law, are devolved upon the office of the Attorney General on this date. On January 1, 1995, the employees, appropriations, and property of the Food Stamp Fraud Unit of the Department of Social Services also are transferred to and become a part of the office of the Attorney General in the manner the Budget and Control Board shall provide./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. J. BROWN moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, G. Brown, J. Harrelson Hines Keyserling McAbee McMahand McTeer Moody-Lawrence Neal Rhoad WhipperWilder, J.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Barber Baxley Brown, H. Clyborne Cooper Elliott Fair Gamble Gonzales Graham Hallman Harris, P. Harrison Haskins Keegan Kelley Kinon Kirsh Law Littlejohn Marchbanks McLeod Quinn Richardson Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stone Stuart Thomas Trotter Tucker Walker Wells Wilder, D. Wilkins Witherspoon Wofford Worley Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 35 as amended was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Rep. GAMBLE moved to adjourn debate upon the section, which was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 44 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Section 47 was adopted.
Section 48 was adopted.
Reps. HOLT, INABINETT, J. BAILEY, HARRELL, FULMER, BREELAND and GONZALES proposed the following Amendment No. 147 (Doc Name L:\h-wm\legis\amend\DC.028), which was adopted.
Amend the Bill, as and if amended, Part Ib, Section 49, PRT, Page 588, Line 11, by adding an appropriately numbered paragraph to read /The Department of Parks, Recreation and Tourism shall provide $112,944 for the repair of the Old Exchange Building from admission tax revenues./
Renumber sections & amend totals/title to conform.
Rep. HOLT explained the amendment.
Rep. McABEE spoke against the amendment.
Rep. GONZALES spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment.
Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Chamblee Cooper Delleney Gamble Graham Hallman Harris, J. Harris, P. Keegan Kelley Kinon Kirsh Lanford Littlejohn Marchbanks Martin McAbee McCraw McElveen McKay McLeod McTeer Meacham Moody-Lawrence Riser Robinson Rogers Sheheen Simrill Snow Spearman Thomas Trotter Tucker Waldrop Wells Witherspoon Wofford Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Barber Breeland Brown, H. Brown, J. Canty Carnell Cato Corning Cromer Farr Gonzales Govan Harrell Harrelson Harrison Harvin Haskins Hines Holt Hutson Inabinett Kennedy Keyserling Klauber Koon Law McMahand Neal Quinn Rhoad Richardson Rudnick Scott Sharpe Shissias Smith, D. Smith, R. Stille Stoddard Stone Stuart Sturkie Vaughn Walker Whipper Wilder, J. Williams Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 47 to 45.
Reps. ASKINS, HARWELL, BREELAND, J. BROWN, G. BROWN, BEATTY, HINES, KENNEDY, BYRD, KINON, GOVAN, ELLIOTT, HARVIN, WHIPPER, CANTY, SNOW and HOUCK proposed the following Amendment No. 154 (Doc Name L:\h-wm\legis\amend\FF.011), which was rejected.
Amend the bill, as and if amended, Part IB, Section 49, PRT, Page 588, Line 11, by adding an appropriately numbered paragraph to read /Of the funds appropriated in Section 49 (IX. Regional Promotion Commissions), up to $100,000 must be used to complete a monument for Ron McNair./
Renumber sections & amend totals/title to conform.
Rep. ASKINS explained the amendment.
Rep. KELLEY raised the Point of Order that Amendment No. 154 was out of order as it was not germane.
The SPEAKER stated that it was germane as it related to the $667,000 figure on page 404 of the Bill in Part IA, Section 49 and he overruled the Point of Order.
Rep. McABEE spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment.
Rep. BEATTY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Baker Boan Brown, H. Carnell Chamblee Clyborne Cromer Davenport Fair Felder Gamble Graham Hallman Harris, J. Harris, P. Harrison Haskins Hodges Kelley Kirsh Koon Law Littlejohn Marchbanks McAbee McCraw McTeer Meacham Neilson Quinn Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Spearman Stuart Trotter Tucker Waldrop Walker Wells Wilder, D. Witherspoon Wright
Those who voted in the negative are:
Alexander, T.C. Anderson Askins Bailey, J. Barber Baxley Beatty Breeland Brown, G. Brown, J. Byrd Canty Cobb-Hunter Cooper Delleney Elliott Farr Gonzales Govan Harrell Harrelson Harvin Harwell Hines Holt Houck Huff Inabinett Jaskwhich Keegan Kennedy Keyserling Kinon Lanford Martin McElveen McLeod McMahand Moody-Lawrence Neal Phillips Rogers Scott Smith, R. Snow Stille Stoddard Stone Vaughn Waites Whipper White Wilder, J. Williams Worley Young, R.
So, the House refused to table the amendment.
Rep. BOAN spoke against the amendment.
Rep. LANFORD moved to adjourn debate upon the amendment.
Rep. NEAL moved to table the motion, which was agreed to.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, J. Barber Baxley Beatty Breeland Brown, G. Brown, J. Byrd Canty Cooper Delleney Elliott Felder Gonzales Govan Harrell Harrelson Harvin Harwell Hines Hodges Houck Huff Inabinett Kennedy Keyserling Kinon Klauber Lanford McElveen McLeod McMahand Moody-Lawrence Neal Phillips Scott Smith, R. Snow Stoddard Stone Waites Walker Whipper White Wilder, J. Williams Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Boan Brown, H. Carnell Chamblee Clyborne Corning Cromer Davenport Fair Gamble Graham Hallman Harris, J. Harris, P. Harrison Haskins Jaskwhich Keegan Kelley Kirsh Koon Law Littlejohn Marchbanks Martin McAbee McCraw McKay McTeer Meacham Neilson Quinn Richardson Riser Robinson Rudnick Sharpe Sheheen Simrill Smith, D. Spearman Stille Stuart Thomas Trotter Tucker Vaughn Waldrop Wells Wilder, D. Wilkins Witherspoon Worley Wright
So, the amendment was rejected.
Section 49 as amended was adopted.
Section 50 was adopted.
Section 54 was adopted.
Section 55 was adopted.
Rep. BOAN proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\DM.ESR), which was adopted.
Amend the bill, as and if amended, Part IB, Section 56, Workers Comp. Commission, Page 590, by adding an appropriately numbered paragraph to read /All revenue earned from educational seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 56 as amended was adopted.
Section 57 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63 was adopted.
Rep. ROBINSON proposed the following Amendment No. 136 (Doc Name L:\h-wm\legis\amend\DC.026), which was tabled.
Amend the bill, as and if amended, Part IB, Section 64, Dept of Revenue, Page 593, Line 30, by adding an appropriately numbered paragraph to read /The functions of the former Board of Economic Advisors are hereby devolved upon the Department of Revenue and Taxation./
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 48 to 34.
Section 64 was adopted.
Section 65 was adopted.
Section 66 was adopted.
Section 67 was adopted.
Section 68 was adopted.
Section 69A was adopted.
Section 69B was adopted.
Section 70 was adopted.
Rep. ROBINSON proposed the following Amendment No. 144 (Doc Name L:\h-wm\legis\amend\DH.020), which was adopted.
Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, by adding an appropriately numbered paragraph to read / Effective July 1, 1994, no attorney, or individual with whom he is associated or business with which he is associated shall be retained with state, federal or other funds appropriated herein, including funds of the Insurance Reserve Fund administered by the Division of Insurance Services of the Budget and Control Board, if such attorney, or individual with whom he is associated or business with which he is associated or immediate family member makes a contribution in excess of one thousand dollars $1,000 to the campaign fund of the Attorney General/
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. HARRELSON raised the Point of Order that Amendment No. 144 was out of order as it was not germane.
Rep. ROBINSON argued contra the Point.
The SPEAKER stated that it met the test of germaneness as it was a restriction on the Insurance Reserve Fund which was a specific line item and the overruled the Point of Order.
Rep. ROBINSON continued speaking.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 51 to 16.
Reps. GAMBLE, STUART, CROMER, SHISSIAS and PHILLIPS proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\GJK\20588SD.94), which was adopted.
Amend the bill, as and if amended, Part IB, paragraph 38, which begins on page 607, by adding a new subsection N. to read:
/N. No state funds may be used to purchase first class airline tickets./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\JIC\5719HTC.94), which was adopted.
Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, page 607, right column, paragraph 38.A, line 27, by inserting before the period /but the total reimbursement for lodging and meals may not exceed the maximum daily allowance applicable for federal employees while on official business/.
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted by a division vote of 61 to 11.
Rep. HUTSON proposed the following Amendment No. 177 (Doc Name L:\h-wm\legis\amend\FR.009), which was rejected.
Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, Page 613, Paragraph 62, Line 37, right column, by inserting /using the funds appropriated under office services other operating expenses, the Department of Revenue and Taxation shall identify and calculate any income tax overpayment as a result of the Davis v. Michigan case to any federal retiree or eligible beneficiary for tax years 1985, 1986, 1987, and 1988 who did not receive a refund under the terms of the settlement of the class action suit related to this matter for any or all of these tax years. Notwithstanding any other provision of law the department shall then refund any overpayment due to this proviso by June 30, 1995/
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
Rep. McABEE moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Boan Carnell Elliott Gamble Harris, J. Harris, P. Hodges Huff Jaskwhich Kennedy Kirsh Martin Mattos McAbee McCraw McTeer Phillips Rogers Sheheen
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, J. Baker Barber Baxley Beatty Breeland Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cooper Davenport Delleney Farr Fulmer Gonzales Graham Hallman Harrell Harrelson Harrison Harvin Haskins Hines Hutson Inabinett Jennings Keegan Kelley Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks McKay McLeod McMahand Meacham Moody-Lawrence Neal Neilson Quinn Riser Robinson Rudnick Scott Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Walker Whipper Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, R.
So, the House refused to table the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HUTSON spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, J. Baker Barber Baxley Brown, H. Clyborne Corning Davenport Fair Fulmer Gonzales Hallman Harrell Harrelson Harrison Harvin Harwell Hines Hutson Kennedy Keyserling Klauber Koon Law McLeod Meacham Moody-Lawrence Quinn Richardson Riser Rudnick Sharpe Shissias Simrill Stone Sturkie Vaughn Wofford Wright Young, A. Young, R.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Boan Breeland Carnell Cato Chamblee Cobb-Hunter Cromer Delleney Elliott Farr Felder Gamble Govan Graham Harris, J. Harris, P. Haskins Hodges Holt Houck Huff Inabinett Jaskwhich Jennings Keegan Kelley Kirsh Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McTeer Neal Neilson Phillips Rhoad Robinson Rogers Scott Sheheen Snow Spearman Stille Stoddard Stuart Thomas Trotter Tucker Waites Waldrop Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Worley
So, the amendment was rejected.
Reps. WOFFORD, A. YOUNG, VAUGHN, WILKINS, HOWELL, MEACHAM HALLMAN, and HODGES proposed the following Amendment No. 178 (Doc Name L:\h-wm\legis\amend\DH.025), which was adopted.
Amend the bill, as and if amended, Part IB, Section 129, General Proviso's, Page 608, Paragraph 38F, Line 32, by striking and inserting a new paragraph to read: /No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.
Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section./
Amend further, Paragraph 38G, Page 608, Line 14, Right Column, by striking it in its entirety and inserting a new paragraph to read: /No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the County, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./
Renumber sections & amend totals/title to conform.
Rep. WOFFORD explained the amendment.
Rep. WOFFORD continued speaking.
The amendment was then adopted.
Section 129 as amended was adopted.
Rep. BOAN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Debate was resumed on Section 3A.
Section 3A was adopted.
Debate was resumed on Section 4A.
Reps. HODGES and WILKINS proposed the following Amendment No. 44 (Doc Name L:\h-wm\legis\amend\VC.008), which was adopted.
Amend the bill, as and if amended, Part IA, Section Section 4A, Judicial Department, Page 25, Line 11, Opposite /Total Personal Service/ by decreasing the amount in columns (5) and (6) by /189,000/
Amend Further
Page 25, Line 12, Opposite /Other Operating Expenses/ by decreasing the amount in columns (5) and (6) by /184,500/
Renumber sections & amend totals/title to conform.
Rep. WILKINS explained the amendment.
Rep. ROGERS spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. ROGERS spoke in favor of the amendment.
Rep. McELVEEN spoke in favor of the amendment.
The amendment was then adopted.
Reps. WILKINS, HODGES, FELDER, ROGERS and BOAN proposed the following Amendment No. 81 (Doc Name L:\h-wm\legis\amend\DH.JBA), which was adopted.
Amend the bill, as and if amended, Part IA, Section 4A, Judicial, Page 26, Line 25, Opposite /Other Operating Expenses, by increasing the amounts in columns (5) and (6) by /$277,935/
Renumber sections & amend totals/title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Section 4A as amended was adopted.
Debate was resumed on Section 6A.
Section 6A was adopted.
Debate was resumed on Section 6B.
Rep. M.O. ALEXANDER proposed the following Amendment No. 20 (Doc Name L:\h-wm\legis\amend\DH.ICR), which was adopted.
Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 35, Opposite /Other Operating Expense/ by increasing the amounts in Columns (5) and (6) by /100,000/
Renumber sections & amend totals/title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Reps. FARR, GAMBLE, HODGES and PHILLIPS proposed the following Amendment No. 39 (Doc Name L:\h-wm\legis\amend\DH.VFL), which was tabled.
Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 34, Line 30, Opposite /Other Operating Expenses by increasing the amounts of Columns (5) and (6) by /629,000/
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The SPEAKER granted Rep. FAIR a leave of absence to go to a funeral visitation.
Rep. HODGES continued speaking.
Rep. KIRSH spoke against the amendment.
Rep. FARR spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment.
Rep. FARR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Anderson Bailey, J. Baker Barber Beatty Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Corning Davenport Fulmer Govan Hallman Harrell Harris, P. Haskins Holt Jaskwhich Kennedy Kirsh Law Marchbanks McElveen McMahand Meacham Moody-Lawrence Neal Rhoad Robinson Rogers Rudnick Scott Sharpe Sheheen Simrill Smith, R. Stille Stone Trotter Vaughn Wells Whipper White Wilkes Wilkins Williams
Those who voted in the negative are:
Alexander, T.C. Askins Bailey, G. Baxley Cromer Delleney Farr Felder Gamble Graham Harrelson Harris, J. Harrison Harvin Harwell Hodges Houck Jennings Keegan Kelley Keyserling Kinon Koon Lanford Martin Mattos McAbee McCraw McKay McLeod McTeer Neilson Phillips Richardson Riser Shissias Snow Spearman Stoddard Stuart Sturkie Thomas Tucker Waites Waldrop Walker Wilder, D. Wilder, J. Witherspoon Wofford Wright Young, A. Young, R.
So, the amendment was tabled.
Rep. SPEARMAN proposed the following Amendment No. 207 (Doc Name L:\h-wm\legis\amend\DH.030), which was tabled.
Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 32, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by / 1,550,000 /
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. SPEARMAN spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 63 to 24.
Section 6B as amended was adopted.
Debate was resumed on Section 12.
Reps. FELDER, CLYBORNE, HARWELL, TUCKER, JENNINGS, HARRISON, WILKINS and HODGES proposed the following Amendment No. 194 (Doc Name L:\h-wm\legis\amend\DH.016), which was adopted.
Amend the bill, as and if amended, Part IA, Section 12, Prosecution Commission, Page 50, Line 15, opposite /Judicial Circuit State Support/ by increasing the amounts in Columns (5) and (6) by /291,320/
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Section 12 as amended was adopted.
Debate was resumed on Section 19.
Rep. STUART proposed the following Amendment No. 200 (Doc Name L:\h-wm\legis\amend\FR.020).
Amend the bill, as and if amended, Part IA, Section 19, Education, Page 246, by inserting a new line after line 37 /Aid to Districts - School Board Orientation/ and inserting in Columns (5) and (6) by /$10,000/
Renumber sections & amend totals/title to conform.
Rep. STUART explained the amendment.
Rep. STUART moved to adjourn debate upon the amendment, which was adopted.
Rep. CORNING proposed the following Amendment No. 214 (Doc Name L:\h-wm\legis\amend\DC.044).
Amend the bill, as and if amended, Part IA, Section 19, Dept. of Education, Page 0250, Line 12, Opposite /Other Operating Expenses/ by increasing the amounts in Columns (5) and (6) by /4,315,000/
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment and moved to adjourn debate upon the amendment, which was rejected.
Rep. BOAN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 29.
Reps. McELVEEN and SHISSIAS proposed the following Amendment No. 211 (Doc Name L:\h-wm\legis\amend\VC.030), which was tabled.
Amend the bill, as and if amended, Part IA, Section 29, Page 290, Line 39, Opposite /Hospital Services/ by decreasing the amount in column (5) by /2,396,439/ and in column (6) by /700,000/.
Renumber sections & amend totals/title to conform.
Rep. McELVEEN explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to by a division vote of 54 to 35.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 77 (Doc Name L:\h-wm\legis\amend\VC.010), which was tabled.
Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 290, Line 39, Opposite /Hospital Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/
Amend further, Page 291, Line 4, Opposite /Physician Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/
Renumber sections & amend totals/title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. MATTOS moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, J. Barber Baxley Brown, H. Carnell Cato Chamblee Clyborne Cooper Cromer Delleney Farr Felder Fulmer Gamble Graham Hallman Harris, J. Harris, P. Harrison Haskins Hodges Houck Jennings Kelley Kirsh Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McTeer Meacham Rhoad Richardson Riser Robinson Rogers Sharpe Sheheen Shissias Simrill Smith, R. Stone Stuart Sturkie Trotter Tucker Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Anderson Bailey, G. Beatty Breeland Brown, G. Byrd Cobb-Hunter Davenport Harrelson Harwell Hines Holt Hutson Inabinett Keegan Kennedy Keyserling Kinon McMahand Moody-Lawrence Neal Neilson Phillips Rudnick Scott Snow Spearman Stoddard Thomas Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams
So, the amendment was tabled.
Rep. GAMBLE proposed the following Amendment No. 104 (Doc Name L:\h-wm\legis\amend\VC.005), which was tabled.
Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 291, Line 3, Opposite /Pharmaceutical Services/ by decreasing the amount in column (5) by /4,100,000/ and column (6) by /1,200,000/
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. CARNELL moved to table the amendment, which was agreed to.
Section 29 was adopted.
Rep. GONZALES moved to reconsider the vote whereby Amendment No. 45 was adopted to Section 30, Part IB and the motion was noted.
Rep. BOAN moved that the House do now adjourn, which was adopted.
Rep. BOAN moved to reconsider the vote whereby Part IB Sections 1, 1A, 2, 2A, 4A, 6DD, 8, 9, 10, 12, 14, 15, 16, 17, 17C, 17E, 17P, 17R, 17S, 17T, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 37, 38, 39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69A, 69B, 70, 129, Part IA Sections 3A, 4A, 6A, 6B, 12 and 29 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Part IA, Section 31.
The Senate returned to the House with concurrence the following:
H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.
At 6:05 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Elliott D. "Duby" Thompson, to meet at 9:30 A.M. tomorrow.
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