Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1520, Mar. 9 | Printed Page 1540, Mar. 9 |

Printed Page 1530 . . . . . Thursday, March 9, 1995

Rep. HASKINS stated that the substantial effect was to order the referendum as a question of the 1996 budget and it did not directly relate to an item in Part I.

Rep. BOAN stated that the property tax relief fund was in Part I and it would be funded by this. He further stated that there was precedence from last year and the same argument was used on the poker machine referendum.

Rep. HASKINS stated that the property tax line would only be affected in the 1996 property tax year and that would be the year following this budget.

Rep. BOAN stated that it did refer back to Part I.

The SPEAKER stated that he had met the test of referring back to Part I. He further stated that it still had to overcome the substantial effect.

Rep. BOAN stated that the payback was there because it would be germane by using Election Commission funds and take money from Department of Revenue carry forward funds.

Rep. McTEER stated that the entire effect of the amendment related to Part I, Page 59, Line 37 and that was where the money came from.

The SPEAKER stated that in order for it to be germane the provisions stated that it had to tell you how to spend the money, restrict the money or direct how to spend the money.

Rep. McTEER stated that it directed the Election Commission how to spend the money.

The SPEAKER stated that it did meet the criteria under Rule 5.3 and he overruled the Point of Order.

Rep. BOAN continued speaking.

Reps. HALLMAN, WALKER and H. BROWN spoke against the amendment.

Reps. McTEER and SPEARMAN spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WALKER moved to table the amendment.


Printed Page 1531 . . . . . Thursday, March 9, 1995

Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Yeas 65; Nays 44

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Chamblee         Cooper           Cotty
Dantzler         Davenport        Delleney
Easterday        Fair             Felder
Fleming          Fulmer           Hallman
Harrell          Harris, P.       Harrison
Haskins          Herdklotz        Huff
Hutson           Keegan           Kelley
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McMahand
Meacham          Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Stille           Thomas
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--65

Those who voted in the negative are:

Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, T.
Byrd             Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Elliott          Gamble           Govan
Harris, J.       Harvin           Harwell
Hines            Hodges           Howard
Jennings         Keyserling       Kinon
Lloyd            Martin           McCraw
McElveen         McTeer           Moody-Lawrence


Printed Page 1532 . . . . . Thursday, March 9, 1995

Neal             Neilson          Phillips
Scott            Sheheen          Shissias
Spearman         Stuart           Townsend
Whipper, L.      Whipper, S.      White
Wilder           Wilkes

Total--44

So, the amendment was tabled.

SPEAKER IN CHAIR

RECORD FOR JOURNAL

I was on the phone and missed the vote to table Amendment No. 302. I would have voted "Yes" to table the amendment.

Rep. HARRY F. CATO

Rep. KNOTTS proposed the following Amendment No. 308 (Doc Name L:\council\legis\amend\JIC\5601CM.95), 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:

/SECTION ___

TO AMEND SECTION 8-11-83, OF THE 1976 CODE, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

Section 8-11-83 of the 1976 Code, as added by Act 98 of 1987, is amended to read:

"Section 8-11-83. The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Emergency Medical Services Association and the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the association the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the


Printed Page 1533 . . . . . Thursday, March 9, 1995

association associations at any time engages engage in collective bargaining or encourages its encourage their members to strike."/

Renumber sections & amend totals/title to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 308 was out of order as it was not germane in that it did not relate to Part I.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

Reps. HALLMAN, WRIGHT and KEYSERLING proposed the following Amendment No. 312 (Doc Name L:\council\legis\amend\BBM\10009AC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE ISSUANCE OF A TEMPORARY PERMIT TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR ON-PREMISES CONSUMPTION WHEN NEW YEAR'S EVE IS ON SATURDAY OR SUNDAY AND TO PROVIDE THAT REVENUE GENERATED ISSUANCE OF THESE PERMITS MUST BE CREDITED TO THE DEPARTMENT OF EDUCATION.

A. The 1976 Code is amended by adding:

"Section 61-5-185. (A) Notwithstanding the requirements of Section 61-5-180, licensees authorized to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption may purchase a temporary permit pursuant to that section when New Year's Eve is on Saturday or Sunday.

(B) Revenue generated by issuance of permits under this section must be credited to the Department of Education for expenditure under `Other Operating Expenses' of its `Business Industry Involvement' funding."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment.

Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 49 to 23.


Printed Page 1534 . . . . . Thursday, March 9, 1995

Rep. NEAL proposed the following Amendment No. 313 (Doc Name L:\council\legis\amend\PFM\7292AC.95), which was tabled.
Amend the bill, as and if amended, Part II,Permanent Provisions, by adding an appropriately numbered section to read:
/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE OFFICE OF HUMAN RESOURCES TO USE FUNDS APPROPRIATED IN THE GENERAL APPROPRIATIONS ACT TO CREATE A REDUCTION IN FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE AND TO REQUIRE AGENCIES SEEKING TO HIRE FROM THIS POOL OF EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE IF THE PERSON IS QUALIFIED.

A. The 1976 Code is amended by adding:

"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.

(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.

(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if the person is qualified, as determined by the Office of Human Resources, to fill the position. An agency which does not first seek to fill the position from among the employees provided by the Office of Human Resources or which refuses to hire a person the office determines to be qualified is prohibited from filling the position."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.


Printed Page 1535 . . . . . Thursday, March 9, 1995

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 38 to 33.

Reps. KNOTTS and LAW proposed the following Amendment No. 314 (Doc Name L:\council\legis\amend\DKA\3799CM.95), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION __

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSING OF COIN-OPERATED DEVICES, SO AS TO DELETE THE OPTIONAL COUNTY LICENSE FEE ON VIDEO GAMES WITH A FREE PLAY FEATURE, TO REQUIRE THESE GAMES TO BE LICENSED TO A PARTICULAR COUNTY FROM WHICH THEY MAY NOT BE MOVED, TO PROVIDE THAT ALL LICENSE FEE REVENUES FROM THESE MACHINES MUST BE REMITTED TO THE COUNTY WHERE THE MACHINES ARE LICENSED, AND TO PROVIDE THAT THESE REVENUES MUST BE USED TO ROLL BACK AD VALOREM TAXES.

A. Section 12-21-2720(D) of the 1976 Code, as added by Section 60, Part II, Act 164 of 1993, is amended to read:

"(D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of the regular license fee imposed pursuant to subsection (A) for the equivalent license period. The license required pursuant to subsection (A)(3) of this section for a video game with a free play feature is granted for a location in a specific county which must be noted on the license and the machine, once licensed, may not be moved out of the county during the license period except for servicing. All revenues from the license fees on video games with a free play feature must be remitted to the county for which the machine is licensed. These funds must be used by the county governing body to roll back ad valorem taxes."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. KNOTTS explained the amendment.

Rep. FLEMING spoke against the amendment.


Printed Page 1536 . . . . . Thursday, March 9, 1995

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 314 was out of order as it was not germane.

The SPEAKER overruled the Point of Order.

Rep. FLEMING moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:

Yeas 51; Nays 55

Those who voted in the affirmative are:

Allison          Anderson         Baxley
Boan             Brown, H.        Cain
Carnell          Cato             Chamblee
Clyburn          Davenport        Delleney
Easterday        Fair             Felder
Fleming          Harris, J.       Harris, P.
Haskins          Herdklotz        Huff
Jaskwhich        Keegan           Kirsh
Klauber          Koon             Littlejohn
Marchbanks       Mason            McCraw
McMahand         Meacham          Moody-Lawrence
Neilson          Phillips         Rice
Robinson         Sandifer         Sharpe
Simrill          Smith, R.        Stille
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Wilder           Wilkins          Young, A.

Total--51

Those who voted in the negative are:

Breeland         Brown, G.        Brown, T.
Byrd             Cave             Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Elliott          Fulmer
Gamble           Govan            Hallman
Harrell          Harvin           Hines
Howard           Hutson           Jennings
Kelley           Keyserling       Knotts


Printed Page 1537 . . . . . Thursday, March 9, 1995

Lanford          Law              Limbaugh
Limehouse        Lloyd            Martin
McElveen         McTeer           Neal
Quinn            Richardson       Riser
Rogers           Scott            Seithel
Sheheen          Shissias         Smith, D.
Spearman         Stuart           Thomas
Townsend         Whatley          Whipper, S.
White            Wilkes           Witherspoon
Wofford          Worley           Wright
Young, J.

Total--55

So, the House refused to table the amendment.

Rep. KLAUBER spoke against the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Reps. HASKINS and H. BROWN spoke against the amendment.

The question then recurred to the adoption of the amendment.

Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:

Yeas 33; Nays 76

Those who voted in the affirmative are:

Breeland         Brown, G.        Brown, J.
Byrd             Cave             Cobb-Hunter
Cromer           Dantzler         Elliott
Fulmer           Gamble           Govan
Hallman          Harrell          Howard
Knotts           Law              Limehouse
Lloyd            Martin           McTeer
Riser            Rogers           Scott
Seithel          Stuart           Whatley
Whipper, S.      White            Wilkes
Wofford          Worley           Wright

Total--33



Printed Page 1538 . . . . . Thursday, March 9, 1995

Those who voted in the negative are:
Allison          Anderson         Baxley
Boan             Brown, H.        Brown, T.
Cain             Carnell          Cato
Chamblee         Clyburn          Cooper
Cotty            Davenport        Delleney
Easterday        Fair             Felder
Fleming          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Herdklotz        Hodges
Huff             Hutson           Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Koon             Lanford
Limbaugh         Littlejohn       Marchbanks
Mason            McCraw           McElveen
McMahand         Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rice             Richardson
Robinson         Sandifer         Sharpe
Sheheen          Shissias         Simrill
Smith, R.        Spearman         Stille
Thomas           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Wilder
Wilkins          Witherspoon      Young, A.
Young, J.

Total--76

So, the amendment was rejected.

Reps. LANFORD and NEAL proposed the following Amendment No. 315 (Doc Name L:\council\legis\amend\PFM\7292AC.95), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE OFFICE OF HUMAN RESOURCES TO USE FUNDS APPROPRIATED IN THE GENERAL APPROPRIATIONS ACT
Printed Page 1539 . . . . . Thursday, March 9, 1995

TO CREATE A REDUCTION IN FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE AND TO REQUIRE AGENCIES SEEKING TO HIRE FROM THIS POOL OF EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE IF THE PERSON IS QUALIFIED.

A. The 1976 Code is amended by adding:

"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.

(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.

(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must consider hiring a person from that pool of employees if the person is qualified, as determined by the Office of Human Resources, to fill the position. An agency is prohibited from filling the position if the agency does not first seek to fill the position from among the qualified employees provided by the Office of Human Resources."

B. This section takes effect July 1, 1995./

Renumber sections & amend totals/title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.


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