The motion of Rep. BOAN to reconsider the vote whereby Section 69A was adopted was taken up and agreed to.
Reps. G. BROWN and BAXLEY proposed the following Amendment No. 319 (Doc Name L:\h-wm\legis\amend\DC.060), which was adopted.
Amend the bill, as and if amended, Part IB, Section 69A, Aid to Sub-CG, Page 595, Line 19, by adding an appropriately numbered paragraph to read /There is hereby imposed a $1 fee in addition to the current contract price, on each ton of solid waste disposed at the Mid-American Waste System facility. Revenue from this fee shall be allocated to Lee County Memorial Hospital. The fee is eliminated in the event the hospital closes./
Renumber sections & amend totals/title to conform.
Section 69A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 70 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 371 (Doc Name L:\h- wm\legis\amend\CJ.075), which was adopted.
Amend the bill, as and if amended, Part IB, Section 70, Dept. of Transportation, Page 596, Paragraph 4, Line 39, Left Column, by striking /9,805,066/ and inserting /8,835,066/
Amend further, Page 596, Line 1, right column, by striking /9,805,066/ and inserting /8,835,066/
Amend further, Page 596, Line 3, right column, by striking /14,684,289/ and inserting /13,714,289/
Renumber sections & amend totals/title to conform.
Section 70 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 129 was adopted was taken up and rejected.
The motion of Rep. BOAN to reconsider the vote whereby Section 7 was adopted was taken up and rejected.
Rep. GRAHAM proposed the following Amendment No. 382 (Doc Name L:\council\legis\amend\DKA\3333SD.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered SECTION to read:
The appropriation for the Capital Reserve Fund as contained on line 6, page 116, Section 17T of Part I may be expended for a nonrecurring purpose in the manner provided in Article III, Section 36, of the Constitution. However, for fiscal year 1994-95, the only permitted nonrecurring purpose for which capital reserve funds may be expended in addition to those specifically specified in Article III, Section 36 is for the settlement of the federal retiree litigation. The two-thirds vote requirement in Article III, Section 36(B)(2) also applies to the appropriation of nonrecurring revenues for a recurring purpose. If such a nonrecurring appropriation receives a two-thirds vote as required by this section, it also must include a statement identifying the source of the nonrecurring revenue./
Renumber sections & amend totals/title to conform.
Rep. McTEER moved to table the amendment.
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Breeland Brown, G. Brown, J. Byrd Chamblee Farr Felder Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jennings Kinon Mattos McAbee McLeod McMahand McTeer Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Waldrop Whipper White Worley
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Barber Baxley Brown, H. Cato Clyborne Cooper Delleney Fair Gamble Gonzales Graham Harrell Harrison Harvin Harwell Haskins Huff Hutson Keegan Kelley Keyserling Kirsh Klauber Koon Law Littlejohn Marchbanks McElveen Meacham Moody-Lawrence Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes
Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. GRAHAM explained the amendment.
Rep. HARRELSON raised the Point of Order that Amendment No. 382 was out of order as it was not germane.
Rep. GRAHAM argued contra the Point.
The SPEAKER stated that the Capital Reserve Fund was earmarked in this Bill and this just put restrictions on it and he overruled the Point of Order.
Rep. GRAHAM continued speaking.
Reps. McTEER and BOAN spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Chamblee Cobb-Hunter Delleney Farr Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Hutson Inabinett Jennings Keyserling Kinon Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad
Rogers Rudnick Scott Sharpe Sheheen Spearman Stille Stoddard Stone Stuart Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Witherspoon Worley
Those who voted in the negative are:
Alexander, T.C. Allison Baker Barber Beatty Cato Clyborne Cooper Cromer Davenport Fair Gonzales Graham Harrell Harrison Haskins Huff Jaskwhich Keegan Kelley Kirsh Klauber Koon Law Littlejohn Marchbanks Meacham Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Sturkie Thomas Trotter Vaughn Walker Wells Wilkins Wofford Wright Young, A.
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 383 (Doc Name L:\h- wm\legis\amend\DC.084), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section New, by /repealing Section 48-48-80 in its entirety./
Renumber sections & amend totals/title to conform.
Rep. HASKINS explained the amendment.
Rep. WAITES raised the Point of Order that Amendment No. 383 was out of order as it was not germane under Rule 5.3. She further stated that it was identical to a previous amendment ruled out of order.
Rep. HASKINS argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 127.
Section 127 was adopted.
Debate was resumed on Section 128.
Section 128 was adopted.
Rep. BOAN gave notice of offering amendments on third reading.
Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.
Rep. BOAN moved that when the House adjourns, it adjourn to meet at 12:00 Noon, in Statewide Session on Tuesday, March 15, which was agreed to.
The question then recurred to the passage of the Bill on second reading.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cato
Chamblee Cobb-Hunter Cromer Delleney Farr Felder Gamble Govan Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Houck Huff Inabinett Jennings Keegan Keyserling Kinon Law Marchbanks Martin Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Smith, R. Spearman Stille Stoddard Stone Stuart Trotter Waites Waldrop Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Worley Wright
Those who voted in the negative are:
Allison Baker Beatty Clyborne Davenport Fair Gonzales Harrison Haskins Hutson Kelley Kirsh Klauber Koon Littlejohn Meacham Quinn Shissias Simrill Sturkie Thomas Vaughn Walker Wofford Young, A.
So, the Bill, as amended, was read the second time and ordered to third reading.
Cooper (Present) Nay
Carnell (Absent) Aye
Graham (Present) Nay
Snow (Absent) Aye
D. Smith (Present) Nay
Lanford (Absent) Aye
I was out of the chamber at the time of the vote on the capital gains tax exemption. Had I been present I would have voted for the exemption.
Rep. RICHARD M. QUINN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 18D-49 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. THOMAS C. ALEXANDER
Rep. JAMES J. BAILEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 5 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 29 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 31 & 35 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 63 The reason for abstaining on the above referenced legislation is: A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DELL BAKER