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:
Our Father God, to this altar of prayer we come not to ask for the fruits of our desires, but to put ourselves in such a relationship with You that You can do through us that which is right. Save us from giving to the tasks that await us anything less than the best, from allowing our minds from harboring evil thoughts and from words spoken in haste. With eyes wide open, may we see God as our Father and our fellowmen as Your children. In that vision may we dream our dreams, fashion our lives, and enact our laws.
Hear us, Lord, in this our prayer of thanksgiving for Your blessings.
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. KEEGAN moved that when the House adjourns, it adjourn in memory of Roger Bleaken of Myrtle Beach, which was agreed to.
The following was received.
Columbia, S.C., March 7, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 494:
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received and referred to the appropriate committee for consideration.
Document No. 1853
Promulgated By Commission on Higher Education
Licensing Nonpublic Postsecondary Institutions
Received By Speaker March 8, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 12, 1996
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Columbia Prayer Committee for a reception/talk, March 23, 1995, 9:00 A.M.-10:00 A.M. in the board room of the Lt. Governor's Office in the State House.
The invitation was accepted.
The following was received.
March 7, 1995
The Honorable David H. Wilkins
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 299202
Dear Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3218, R. 14, an Act:
TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
The act bearing ratification number 14 of 1995 would authorize the former board of directors of a dissolved nonprofit corporation or eleemosynary organization located in Florence County to distribute the remaining assets of the organization and to delay the effective date by two years for certain provisions of the act. R-14 appears to be identical to R-3... in all respects with the exception that specific statutory references found in R-3 have been deleted. As with R-3, this act contains no legislative findings as to why such organizations in Florence County should be treated differently than other similar corporations subject to the South Carolina Nonprofit Corporation Act.
For the above reasons, I am returning H. 3218, R. 14, without my signature.
Sincerely,
David M. Beasley
The veto was ordered printed in the Journal.
The following was introduced:
H. 3762 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING RICHARD P. "RICK" FELDER, III, OF COLUMBIA ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' DIVISION OF LAND RESOURCES AND CONSERVATION DISTRICTS 1994 OUTSTANDING DIVISION EMPLOYEE AWARD AND THE DEPARTMENT OF NATURAL RESOURCES MERITORIOUS SERVICE AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3763 -- Reps. Sharpe, Bailey, Martin, Rice, Littlejohn, Askins, Fleming, Davenport, Witherspoon, Riser, Clyburn and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3764 -- Rep. Askins: A BILL TO AMEND SECTION 24-13-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM INCARCERATION, SO AS TO REQUIRE A PERSON SERVING A SENTENCE FOR A VIOLENT CRIME WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM INCARCERATION TO SERVE HIS PRIOR SENTENCE AND THE SENTENCE IMPOSED UNDER THIS SECTION WITHOUT ELIGIBILITY FOR PAROLE.
Referred to Committee on Judiciary.
H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Referred to Committee on Judiciary.
H. 3766 -- Reps. Neal, Bailey, Spearman, J. Brown, Inabinett, Hines, Howard, Littlejohn, T. Brown, Beatty, Scott, Canty, Moody-Lawrence, Stuart, Breeland, Anderson, Byrd, Shissias, Clyburn, Askins, Lloyd and S. Whipper: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140, AS AMENDED, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301, AS AMENDED, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117, AS AMENDED, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3767 -- Reps. Witherspoon, A. Young, Fleming, Kinon, Lanford, Hallman, Koon, Sharpe, Littlejohn, Chamblee, Fair, Allison, Wofford, Bailey, Vaughn, Cato, Kirsh, Meacham, Whatley, Knotts, Richardson, H. Brown, Fulmer, Cooper, Rice, Robinson, Cotty, T. Brown, Stille, McKay, Dantzler, Law, Davenport, Klauber, Simrill, Seithel, Tripp and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT NO TENURE TO NONTENURED FACULTY AT ANY STATE PUBLIC COLLEGE OR UNIVERSITY MAY BE GRANTED, AND TO PROVIDE THAT THE GOVERNING BOARD OF EACH PUBLIC COLLEGE OR UNIVERSITY HAVING TENURED FACULTY WITHIN TWO YEARS SHALL DEVELOP A NEW EMPLOYMENT RELATIONSHIP ACCEPTABLE TO THE INSTITUTION AND TO THE TENURED FACULTY WHICH AS ONE COMPONENT WILL ELIMINATE TENURE AS A PART OF THE EMPLOYMENT RELATIONSHIP.
Referred to Committee on Education and Public Works.
H. 3768 -- Reps. Fulmer, Littlejohn, Keegan, Elliott, Hutson, Cotty, Meacham, Wilkes, Wofford, Wright, Mason, McCraw, Tripp, Seithel, Klauber, Trotter, Harrison, Quinn, Sharpe, Bailey, Law, R. Smith, Simrill, Jaskwhich, McAbee, Carnell, Kelley, Koon, Gamble, Fair, Herdklotz, Cato, Wells, Hallman, Harrell, Cain, Worley, Whatley, Allison, Limehouse, Robinson, Chamblee, A. Young, Boan, Tucker, Shissias, Haskins, Witherspoon, Thomas, Dantzler, Cooper, Stoddard, Wilder, Marchbanks, Phillips, Easterday, Riser, Vaughn, S. Whipper, Knotts, Jennings, Delleney, H. Brown, Davenport, McTeer, Richardson, Martin, Hodges, J. Young, Beatty, Scott, Kennedy, Wilkins and Keyserling: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITS FOR NEW JOBS, SO AS TO DELETE THE REQUIREMENT THAT AN "S" CORPORATION MUST QUALIFY TO USE THE FEE IN LIEU OF PROPERTY TAXES IN SECTION 4-29-67 IN ORDER TO QUALIFY FOR A NONREFUNDABLE CREDIT UNDER SECTION 12-7-210, AND TO PROVIDE FOR CREDITS FOR LIMITED LIABILITY COMPANIES AND REGISTERED LIMITED LIABILITY PARTNERSHIPS.
Referred to Committee on Ways and Means.
H. 3769 -- Reps. Fulmer, Hutson, Cooper, Elliott, Klauber, Allison, Trotter, Keegan, Tripp, Harrison, Wilkes, Sharpe, Quinn, Cotty, Wilkins, Law, Wofford, Mason, McCraw, Wright, Seithel, R. Smith, Bailey, Simrill, Harrell, Whatley, McAbee, Jaskwhich, Meacham, Carnell, Limehouse, Kelley, Koon, Gamble, Fair, Herdklotz, Wells, Chamblee, Cato, Cain, Hallman, Witherspoon, D. Smith, Haskins, Robinson, Worley, A. Young, Littlejohn, Shissias, Dantzler, L. Whipper, Wilder, Vaughn, Keyserling, Delleney, Jennings, S. Whipper, Davenport, H. Brown, Knotts, Stoddard, Marchbanks, McTeer, Richardson, Martin, Hodges, J. Young, Phillips, Easterday, Kennedy, Beatty, Riser, Boan, Scott and Tucker: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT THE FIVE-YEAR PARTIAL EXEMPTION ALLOWED FOR MANUFACTURING ESTABLISHMENTS AND CORPORATE HEADQUARTERS IS EXTENDED TO AN UNRELATED PURCHASER UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Ways and Means.
H. 3770 -- Reps. Govan and Neilson: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO STUDY THE CHILD SUPPORT ENFORCEMENT GUIDELINES PROMULGATED BY THE DEPARTMENT AND TO REPORT TO THE GENERAL ASSEMBLY ON THE PROCESS OF DEVELOPING THE GUIDELINES, THE JUSTIFICATION FOR SUPPORT AMOUNTS, AND RECOMMENDATIONS FOR REVISIONS TO ENHANCE THE EQUITY AND FAIRNESS OF THE GUIDELINES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3771 -- Reps. Cobb-Hunter, Neal, Canty, Hines, Inabinett, Lloyd, Clyburn, White, Moody-Lawrence, Govan, Rogers, Byrd, McTeer, Keyserling, Richardson and Beatty: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.
Referred to Committee on Education and Public Works.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Beatty Boan Breeland Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Herdklotz Hines Hodges Howard Huff Hutson Inabinett Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Lloyd Marchbanks Mason McAbee McCraw McMahand Meacham Neilson Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 8.
James L.M. Cromer, Jr. Charles R. Sharpe H.B. Limehouse, III William D. Keyserling Bessie Moody-Lawrence C.D. Chamblee Douglas E. McTeer, Jr. Michael L. Fair June S. Shissias Michael F. Jaskwhich John G. Felder Alma W. Byrd Larry L. Elliott Dave C. Waldrop, Jr. Kenneth Kennedy Richard M. Quinn, Jr. Grady A. Brown Douglas Jennings, Jr. Daniel T. Cooper L. Morgan Martin Olin R. Phillips G. Ralph Davenport, Jr. Joseph T. McElveen, Jr. Eugene C. Stoddard Ralph W. Canty C. Alex Harvin, III J. Michael Baxley Woodrow M. McKay Joseph H. Neal
LEAVES OF ABSENCE
The SPEAKER granted Rep. BAXLEY a temporary leave of absence to attend a hearing at the S.C. Supreme Court.
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
Rep. J. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IA.
Debate was resumed on Section 31.
Section 31 was adopted.
Debate was resumed on Section 34.
Reps. SPEARMAN and QUINN proposed the following Amendment No. 101 (Doc Name L:\h-wm\legis\amend\DH.20), which was adopted.
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 256, line 28, opposite /Classified Position/ by decreasing the amounts in columns (5) and (6) by /$971,549/
Amend further page 256, line 32, opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$324,133/
Amend further page 257, line 12, opposite /Employer Contributions/ by decreasing the amounts in columns (5) and (6) by /$262,318/
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 137 (Doc Name L:\h-wm\legis\amend\DH.27), which was tabled.
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, Page 254, Line 37, Opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$56,426/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KEEGAN explained the section.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 47.
Section 47 was adopted.
Debate was resumed on Section 54.
Reps. JENNINGS and LANFORD proposed the following Amendment No. 121 (Doc Name L:\h-wm\legis\amend\DM.12), which was adopted.
Amend the bill, as and if amended, Part IA, Section 54, PSC, Page 0332, Line 7, Opposite /Classified Positions/ by increasing the amount in column (5) by /$57,399/
Amend further, Page 0332, Line 8, by increasing the amount in column (5) by /3/
Amend further, Page 0332, Line 11, Opposite /Other Operating Expenses/ by increasing the amounts in column (5) by /$23,672/
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Section 54 as amended was adopted.
Debate was resumed on Section 63.
Section 63 was adopted.
Debate was resumed on Section 69.
Section 69 was adopted.
Debate was resumed on Section 1.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 8.
Rep. KIRSH proposed the following Amendment No. 53 (Doc Name L:\h-wm\legis\amend\DC.3), which was adopted.
Amend the bill, as and if amended, Part IB, Section 8, Secretary of State, paragraph 2, page 389, line 36, by striking /$15,000/ and inserting /$150,000/
Amend further, page 389, line 42, by striking /$15,000/ and inserting /$100,000/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 53 as amended was adopted.
Debate was resumed on Section 12.
Section 12 was adopted.
Debate was resumed on Section 14.
Reps. KNOTTS and QUINN proposed the following Amendment No. 135 (Doc Name L:\council\legis\amend\PT\1794DW.95), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 14 - COMMISSION ON INDIGENT DEFENSE, by adding an appropriately lettered subsection to Section 16-3-26 of the 1976 Code, which begins on Line 36 of Page 392:
/( ) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the death penalty trial fund in the Office of Indigent Defense. This provision shall not provide to any case in which counsel has been appointed on the effective date of this Act./
Amend the bill further, SECTION 14, Section 17-3-330, Page 394, by adding an appropriately lettered subsection to read:
/( ) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the death penalty trial fund in the Office of Indigent Defense./
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. TRIPP moved to table the amendment.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cotty Herdklotz Hines Howard Jaskwhich Keegan Kelley Kennedy Lloyd Mason McMahand McTeer Moody-Lawrence Neal Phillips Rice Robinson Scott Shissias Tripp Waldrop Whipper, L. Whipper, S. White Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Cooper Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hodges Hutson Inabinett Jennings Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks McAbee McCraw Meacham Neilson Quinn Richardson Riser Sandifer Seithel Sharpe Sheheen Smith, R. Spearman Stille Stuart Trotter Tucker Vaughn Walker Wells Whatley Wilkins Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption, which was agreed to.
Reps. HUTSON, R. SMITH, SPEARMAN, HARRELL, TRIPP, EASTERDAY, BAILEY, STUART, TUCKER, CAIN, HARWELL, SHARPE, LAW, FLEMING, CAVE, CHAMBLEE, FULMER, GAMBLE, LIMBAUGH, WILDER, McCRAW, STILLE, SIMRILL, HALLMAN, SEITHEL, WALKER, KOON, WORLEY, DANTZLER, KNOTTS, ALLISON, A. YOUNG, RHOAD, HARRISON, PHILLIPS, MASON, MARCHBANKS, KINON, SANDIFER, THOMAS, LITTLEJOHN and D. SMITH proposed the following Amendment No. 144 (Doc Name L:\council\legis\amend\DKA\3779CM.95), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 14 - COMMISSION ON INDIGENT DEFENSE, page 392, by deleting beginning on line 31 /If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county./
Amend further, Section 16-3-26(C)(2), SECTION 14, page 393, by deleting item (2).
Amend further, Section 16-3-26, SECTION 14, Page 393, by adding an appropriately lettered subsection to read:
/( ) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case./
Amend further, SECTION 14, page 394, line 27, by deleting paragraph 3.
Renumber items, paragraphs, and sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 144 was out of order as it was not germane in that the second paragraph of the amendment referred to the Judicial Department and this Section of the Bill dealt with Indigent Defense.
Rep. HUTSON argued contra the Point.
Rep. LIMBAUGH stated that it was germane to the Section even though it asked the Judicial Department to do something.
The SPEAKER stated that the substantial effect of the amendment was dealing with indigent defense and under the guidelines of Rule 5.3 it was germane and he overruled the Point of Order.
Rep. QUINN spoke against the amendment.
Reps. HUTSON and FLEMING spoke in favor of the amendment.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cain Carnell Cotty Delleney Felder Harrison Keyserling Klauber Knotts McElveen Quinn Riser Sharpe Sheheen Shissias Wilder Wilkins Wright
Those who voted in the negative are:
Allison Askins Bailey Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cato Cave Chamblee Clyburn Cobb-Hunter Cromer Dantzler Davenport Easterday Elliott Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Kinon Kirsh Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Sandifer Scott Seithel Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley White Wilkes Worley
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 14 as amended was adopted.
Debate was resumed on Section 17C.
Rep. STILLE proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\CJ1.CJ1), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B & C - Budget & Analysis, page 408, after line 3, by inserting a new appropriately numbered paragraph to read: /Upon General Assembly adoption of this general appropriations bill, and prior to creation of the Chart of Accounts, the State Budget Office shall combine appropriations and FTE's for each institution of higher education into two lines, one line for appropriations and one line for FTE's./
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 10.
As an employee of USC, I did not vote on Amendment 5 of Section 17.
Rep. MARGARET J. GAMBLE
Rep. KIRSH proposed the following Amendment No. 48 (Doc Name L:\h-wm\legis\amend\DC.4), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, Budget & Control Board-Budget & Analyses, Page 408, after line 3, by adding an appropriately numbered paragraph to read /(BCB/DBA: OHR - Compensation - BPI & Compression) The amounts appropriated to the Budget & Control Board for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:
A. With respect to classified employees:
1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 2.5%. This increase shall not increase the minimum of the pay grade.
2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average 1% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in the following percentage amounts:
(a) Employees with less than one year of service in their current job or grade as of July 1, 1995 will receive a 0.5% increase.
(b) Employees with at least one and less than three years of service in their current job or grade as of July 1, 1995 will receive a 1.0% increase.
(c) Employees with at least three and less than five years of service in their current job or grade as of July 1, 1995 will receive a 1.25% increase.
(d) Employees with five or more years of service in their current job or grade as of July 1, 1995 will receive a 1.5% increase.
(e) Such increases shall be limited to the maximum of an employee's existing salary range.
(f) Employees in trainee or probationary status as of July 1, 1995 will not be eligible for this portion of the pay increase.
(g) Employees must also have received at least a "meets" performance rating on their most recent performance evaluation to be eligible for this portion of the pay increase.
B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 3.5% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this Act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C.
C. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 3.5% increase, effective on the first pay period on or after July 1 of the current fiscal year./
Renumber sections & amend totals/tile to conform.
Rep. KIRSH explained the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Hallman Harrell Harris, P. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Bailey Boan Breeland Brown, J. Brown, T. Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Govan Harris, J. Harwell Hines Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Simrill Stille Townsend Tucker Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
As an employee of USC, I did not vote on Amendment 48 of Section 17.
Rep. MARGARET J. GAMBLE
Rep. ROBINSON proposed the following Amendment No. 156 (Doc Name L:\h-wm\legis\amend\DC.028), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analysis, Page 408, after Line 3, by inserting a new appropriately numbered paragraph to read: /(BCB: Vacant Positions) In the event that any permanent position in an agency remains vacant for more than one year the position may be deleted by the Budget and Control Board./
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. CAVE moved to table the amendment.
Rep. SPEARMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Herdklotz Hines Howard Inabinett Lloyd McAbee Moody-Lawrence Neal Scott Tucker Whipper, S. White
Those who voted in the negative are:
Allison Bailey Boan Brown, G. Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Huff Hutson Jaskwhich Jennings Keegan Keyserling Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McMahand McTeer Meacham Neilson Phillips Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 22 (Doc Name L:\h-wm\legis\amend\DC.18), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analyses, Page 408, after Line 3, by adding an appropriately numbered paragraph to read: /(BCB/DBA-OHR-Compensation-Other Chief Executive Officers Increases) Agency chief executive officers not reviewed by the Agency Head Salary Commission shall receive an annual increase of 1 % effective on the first pay date which occurs on or after September 1, of the current fiscal year, unless otherwise provided in this Act./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Beatty Brown, G. Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fulmer Hallman Harrell Harris, J. Harrison Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McElveen Meacham Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stuart Thomas Trotter Tucker Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Elliott Harris, P. Hines Hodges Howard Inabinett Kennedy Kirsh Knotts Lloyd McAbee McCraw McMahand McTeer Neal Neilson Rogers Scott Simrill Stoddard White Wilder
So, the amendment was tabled.
As an employee of USC, I did not vote on Amendment 22 of Section 17.
Rep. MARGARET J. GAMBLE
Rep. HARVIN proposed the following Amendment No. 203 (Doc Name L:\council\legis\amend\PFM\7267BDW.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analyses, Page 408, after line 3, by adding an appropriately numbered paragraph to read:
/___ (BCB/DBA-OHR-Compensation-Other Chief Executive Officers Increases) Agency chief executive officers not reviewed by the Agency Head Salary Commission shall receive an annual increase of 2.6% effective on the first pay date which occurs on or after July 1, of the current fiscal year, unless otherwise provided in this act./
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. HARVIN proposed the following Amendment No. 205 (Doc Name L:\council\legis\amend\PFM\7266BDW.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, Budget & Control Board - Budget & Analyses, page 408, after line 3, by adding an appropriately numbered paragraph to read:
/___ BCB/DBA: OHR COMPENSATION - BPI & COMPRESSION) The amounts appropriated to the Budget & Control Board for employee pay increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:
A. With respect to classified employees:
1. Effective on the first pay date which occurs on or after July 1, of the current fiscal year, the compensation of all classified employees must be increased by 2.6%. This increase may not increase the minimum of the pay grade.
B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 2.6% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph is not eligible for compensation increases provided in paragraphs A and C.
C. With respect to local health care providers, the funds provided for compensation increases must be based on an annual average 2.6% increase, effective on the first pay period on or after July 1, of the current fiscal year./
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. HARVIN proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\PFM\7268BDW.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget & Analyses, by adding an appropriately numbered paragraph to read:
/___ (BCB/DBA-OHR-Compensation-Judicial Officers Increases) The Chief Justice and other judicial officers as prescribed by law shall receive an annual increase of 2.6% effective on the first pay date occurring on or after July 1, of the current fiscal year./
Renumber sections & amend totals/title to conform.
Rep. HARVIN explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
As an employee of USC, I did not vote on Amendment 204 of Section 17.
Rep. MARGARET J. GAMBLE
Section 17C as amended was adopted.
Debate was resumed on Section 17D.
Reps. TUCKER, D. SMITH, HODGES, ROBINSON, CARNELL and McABEE proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\BBM\9982HTC.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17D, State Auditor, page 408, by adding an appropriately numbered paragraph at the end to read:
/___(BCB/AUD: Tax Exemption Study) The State Auditor and the State Chief Economist shall jointly contract for an independent study regarding the sales tax exemptions including those items subject to a maximum tax. This study shall report whether or not these items are meaningful exemptions that provide for a positive economic impact on the State, fair and competitive, but not excessive economic incentives for businesses competing in a global economy. This report may include other issues such as equity between businesses or individuals or other economic concerns as identified by the State Auditor or Chief Economist. Funding for this study may not exceed $100,000 and must be provided for by a transfer from the operating expenses of the State Budget and Control Board for the current fiscal year. The study must be presented to the General Assembly by January 15, 1996./
Renumber sections & amend totals/title to conform.
Rep. TUCKER explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 46 to 27.
Section 17D was adopted.
Debate was resumed on Section 17E.
Section 17E was adopted.
Debate was resumed on Section 17F.
Rep. KIRSH proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\PT\1776DW.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 17F, Page 410, by inserting an appropriately numbered paragraph at the end to read:
/____. (A) Notwithstanding the provisions of Section 12-7-437 of the 1976 Code, the provisions of Section 12-7-437(A)(2) apply for taxable years beginning in 1995 and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1995.
(B) The revenue derived from the reduction of the long-term capital gain deduction as provided in subsection (A) of this section must be used for state employees for base pay increases as provided in Article 11, Chapter 11, Title 8 of the 1976 Code.
(C) The provisions of this paragraph and the $10,820,000 appropriated in Section 17F of this section to fund the state employee base pay increase are not severable. If the $10,820,000 appropriation is deleted, then this paragraph is also considered deleted./
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Rep. KIRSH moved to table the amendment, which was agreed to.
Section 17F was adopted.
Debate was resumed on Section 18A.
Rep. HUFF proposed the following Amendment No. 108 (Doc Name l:\h-wm\legis\amend\cj.052), which was tabled.
Amend the bill, as and if amended, Part IB, Section 18a, page 414, line 36 by adding an appropriately numbered paragraph to read /of the $11,000,000 appropriated to the Commission on Higher Education, the funds shall be allocated in accordance with the Commission on Higher Education's adopted methodology/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. WRIGHT raised the Point of Order that Paragraph 23, Lines 21-35, of Section 18A on Page 414 of the Bill was out of order as it was not germane.
Rep. SHEHEEN stated that Item 1 of the paragraph dealt with the funding formula and the changes in the method of the funding formula and the other allied subject matters related to the funding formula and the disbursement of funds through the Commission.
The SPEAKER stated that there were certain subparts of the paragraph that may not be germane but that you could not break it up that way. He further stated that the substantial effect of the amendment was dealing with funding for higher education and he overruled the Point of Order.
Section 18A was adopted.
Debate was resumed on Section 18B.
Section 18B was adopted.
Debate was resumed on Section 18K.
Section 18K was adopted.
Debate was resumed on Section 18M.
Rep. JENNINGS proposed the following Amendment No. 234 (Doc Name L:\h-wm\legis\amend\CJ.155), which was tabled.
Amend the bill, as and if amended, Part IB, Section 18m, page 416, line 11, by adding an appropriately numbered paragraph to read / (musc: ahec rural and managed care programs) Of the funds appropriated herein for family practice residency programs, $200,000 of these funds shall be used to encourage family practitioners to provide services to rural county medicaid clients and to encourage ahec "managed care centers" in rural areas, and the state office of rural health shall monitor compliance with this provision and report to the commission on higher education with this proviso by September 1, 1995. Presently funded physicians shall not be afected by this proviso/
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Rep. JENNINGS explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 40 to 27.
Section 18M was adopted.
Debate was resumed on Section 18N.
Section 18N was adopted.
Rep. HARRELL 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.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Debate was resumed on Section 19.
Rep. WRIGHT proposed the following Amendment No. 251 (Doc Name L:\h-wm\legis\amend\cj.200).
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 426, line 10, by adding an appropriately numbered paragraph to read /Of the funds appropriated to the Department of Corrections for the Palmetto Unified School District, $412,833 shall be provided to the Commission on Higher Education to distribute $317,736 to the S.C. Center for Teacher Recruitment at Winthrop University of which at least $200,000 must be used for the Teacher Cadet Program; and $95,097 to S.C. State University to be used only for the operation of a minority teacher program and therefore shall not be used for the operation of their established general education programs/
Renumber sections & amend totals/title to conform.
Rep. WRIGHT explained the amendment.
Rep. WELLS moved to table the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Brown, H. Cooper Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Herdklotz Hodges Kelley Klauber Littlejohn Marchbanks Mason McTeer Neilson Quinn Rice Seithel Sharpe Smith, D. Smith, R. Trotter Walker Wells Whatley Wilkins Wofford Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, J. Brown, T. Cain Cave Chamblee Clyburn Cotty Delleney Gamble Harris, J. Harris, P. Harrison Harvin Harwell Hines Hutson Inabinett Kennedy Keyserling Kinon Kirsh Knotts Koon Lanford Law Limbaugh Lloyd McCraw McMahand Meacham Moody-Lawrence Phillips Rhoad Riser Sandifer Sheheen Shissias Simrill Spearman Stuart Townsend Tripp Tucker Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Worley Wright
So, the House refused to table the amendment.
Rep. McTEER spoke upon the amendment.
Rep. McTEER moved to adjourn debate upon the amendment, which was adopted.
Reps. NEILSON and HINES proposed the following Amendment No. 241 (Doc Name L:\h-wm\legis\amend\CJ.153), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 426, line 10
amend further by adding an appropriately numbered paragraph to read /the State Department of Education, with resources appropriated in section 19, shall implement the public school employee cost savings program as authorized in Section 59-1-452 for the purpose of making cash awards to individual school district employees for cost savings ideas which are proven to be workable/.
Renumber sections & amend totals/title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Reps. HARRELL, WELLS, H. BROWN, FELDER, R. SMITH, WHITE and SCOTT proposed the following Amendment No. 141 (Doc Name L:\h-wm\legis\amend\CJ.041), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 434, Line 21, by adding an appropriately numbered paragraph to read: /(SDE-EIA: XK-CHE/Teacher Recruitment) of the $540,903 Education Improvement Act funds appropriated under Section 19, X.K. the SC Commission on Higher Education shall distribute $400,000 to the SC Center for Teacher Recruitment. $140,903 shall be distributed to SC State University to be used only for the operation of a minority teacher recruitment program and therefore shall not be used for the operation of their established general education program. The SC Commission on Higher Education shall ensure that all funds are used to promote teacher recruitment on a statewide basis, shall ensure the continued coordination of efforts among the teacher recruitment projects, shall review the use of funds and shall have prior program and budget approval. Annually, the Commission on Higher Education shall evaluate the effectiveness of each of the teacher recruitment projects and shall report its findings and its program and budget recommendations to the House and Senate Education Committees and the Education Improvement Act Select Committee by December 1.
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 251, by Rep. WRIGHT.
Rep. McTEER spoke against the amendment.
Rep. WRIGHT spoke in favor of the amendment.
Rep. ROGERS spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Boan Breeland Brown, T. Byrd Cain Canty Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Gamble Govan Harris, J. Harrison Harvin Hines Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Knotts Koon Lanford Lloyd Martin McAbee McCraw McElveen McMahand Meacham Neilson Phillips Rhoad Riser Rogers Sandifer Scott Sheheen Shissias Simrill Spearman Stille Stuart Thomas Townsend Tucker Whipper, S. White Wright
Those who voted in the negative are:
Allison Askins Bailey Brown, H. Cato Cooper Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, P. Harwell Herdklotz Huff Jaskwhich Keegan Kelley Klauber Law Limbaugh Limehouse Littlejohn Marchbanks Mason McTeer Quinn Rice Richardson Seithel Sharpe Smith, D. Smith, R. Stoddard Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Witherspoon Wofford Worley Young, A. Young, J.
So, the amendment was adopted.
S.C. Teacher Recruitment Center
Part 1B Section 19 Page 426 Line 10
I voted against adoption of this amendment due to the uncertainty of fund sourcing.
Additionally, I am told that 19 teachers could be terminated (providing funds for this amendment) which I consider poor fiscal management as a practice for revenue funding.
Rep. CLAUDE V. MARCHBANKS
Rep. LANFORD proposed the following Amendment No. 236 (Doc Name L:\h-wm\legis\amend\CJ.151), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19, page 426, line 3, paragraph 67, by inserting /with a total population of 225,000 or more/ after the word county.
Amend further, page 426, line 4 by striking /surplus/
Amend further, page 426, line 5, by striking /on a per pupil basis/
Amend further, page 426, line 6, by striking a pro rata per pupil basis/ and inserting /the prevailing funding formula utilized during the 1993-94 school year for the distribution of minimum foundation funds/
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Reps. KENNEDY, COBB-HUNTER, FELDER, GOVAN, BEATTY, ASKINS, KEYSERLING, BREELAND, McMAHAND, PHILLIPS, McCRAW, S. WHIPPER, L. WHIPPER and ANDERSON proposed the following Amendment No. 147 (Doc Name L:\h-wm\legis\amend\CJ.98), which was tabled.
Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 425, line 41, by re-inserting proviso /66.SDE: African-American Loan Program/.
Renumber sections & amend totals/title to conform.
Rep. KENNEDY explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Fleming Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Huff Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Law Limehouse Littlejohn Marchbanks Martin Mason Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stoddard Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Anderson Bailey Baxley Boan Breeland Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Govan Harvin Harwell Hines Hodges Howard Inabinett Kennedy Kinon Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Phillips Rogers Scott Sheheen Stille Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Section 19 as amended was adopted.
Debate was resumed on Section 19A.
Reps. WILKES, QUINN, WRIGHT and COTTY proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\BBM\9977JM.95), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A-EIA, Department of Education, EIA, page 428, by striking lines 40 through 43 and inserting:
/23. (SDE-EIA: XB-Academic Assistance/Remedial Writing Teachers) Of funds appropriated for Education Improvement Act Programs, Academic Assistance, $312,000 must be provided to the Writing Improvement Network of the University of South Carolina to support staff development for teachers of remedial writing. The South Carolina Educational Policy Center must report to the EIA Select Committee on the activities and effectiveness of the program no later than April 15 of the current fiscal year./
Renumber sections & amend totals/title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. WELLS proposed the following Amendment No. 198 (Doc Name L:\h-wm\legis\amend\CJ.100), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Page 431, line 6, item 38, by adding at the end of the paragraph /Of the funds appropriated in the prior fiscal year, unexpended funds may be carried forward to the current fiscal year and expended for the same purposes/.
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Rep. WELLS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 49 (Doc Name L:\h-wm\legis\amend\CJ.022), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Paragraph 58, Page 433, Line 39, by striking /may/ and inserting /must/
Amend further, Page 433, Line 40, by striking /may/ and inserting /must/
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Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. HARRELL explained the section.
Rep. McABEE moved to reconsider the vote whereby Amendment No. 251 to Section 19 was adopted and the motion was noted.
Rep. HARRELL continued speaking.
Section 19 as amended was adopted.
Debate was resumed on Section 26.
Rep. HARRELL explained the section.
Section 26 was adopted.
Debate was resumed on Section 30.
Debate was resumed on Amendment No. 72, which was proposed on Monday, March 6, by Rep. COOPER.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. SHARPE proposed the following Amendment No. 131 (Doc Name L:\h-wm\legis\amend\FFJ.009), which was adopted.
Amend the bill, as and if amended, Part IB, Section 30, Department of Health and Environmental Control, Page 449, Lines 27 through 30, beginning with /Any community.../ and ending with /commercial labs./ by deleting these lines in their entirety.
Renumber sections & amend totals/title to conform.
Rep. KOON moved to table the amendment, which was not agreed to
by a division vote of 35 to 51.
Rep. KOON spoke against the amendment.
Rep. ROBINSON spoke against the amendment.
The amendment was then adopted by a division vote of 46 to 35.
Rep. KOON proposed the following Amendment No. 246 (Doc Name L:\h-wm\legis\amend\VC.039).
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 449, Line 34, Item 24, by striking the proviso in its entirety.
Renumber sections & amend totals/title to conform.
Rep. KOON explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Reps. KOON, VAUGHN and ROBINSON proposed the following Amendment No. 243 (Doc Name L:\h-wm\legis\amend\DC.051), which was adopted.
Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 43, Page 453, Line 8, by deleting the proviso in its entirety.
Renumber sections & amend totals/title to conform.
Rep. KOON explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 246, by Rep. KOON.
Rep. KOON moved to table the amendment, which was agreed to.
Rep. LITTLEJOHN moved to reconsider the vote whereby Amendment No. 131 was adopted, which was rejected.
Section 30 as amended was adopted.
Debate was resumed on Section 49.
Section 49 was adopted.
Debate was resumed on Section 54.
Reps. JENNINGS, BAXLEY, HARWELL, J. HARRIS and LANFORD proposed the following Amendment No. 154 (Doc Name L:\council\legis\amend\GJK\21537HTC.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 54, Public Service Commission, Page 468, paragraph 9, by striking lines 19, 20, and 21 and inserting:
/the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the Department of Transportation, Department of Public Safety, the Highway Patrol, SLED, and Department of Natural Resources./
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Rep. JENNINGS moved to table the amendment, which was agreed to.
Rep. JENNINGS proposed the following Amendment No. 242 (Doc Name L:\h-wm\legis\amend\DM.150), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Public Service Commission, page 468, paragraph 9, by striking lines 19, 20, and 21 and inserting:
/the trucking industry at the Public Service Commission must be afforded, if qualified, first preference for all vacant positions that are offered to be filled, as of July 1, 1995, to July 1, 1996, by the department of transportation, department of public safety, the highway patrol, sled, and department of natural resources. No hiring freeze adopted in this act shall apply to this section/
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Rep. KEEGAN explained the amendment.
The amendment was then adopted.
Section 54 as amended was adopted.
Debate was resumed on Section 56.
Section 56 was adopted.
Debate was resumed on Section 59.
Section 59 was adopted.
Debate was resumed on Section 68A.
Debate was resumed on Amendment No. 65, which was proposed on Monday, March 6, by Rep. H. BROWN.
Rep. H. BROWN explained the amendment.
Rep. H. BROWN moved to adjourn debate upon the amendment, which was adopted.
Rep. HARRELL proposed the following Amendment No. 245 (Doc Name L:\h-wm\legis\amend\FF.026), which was tabled.
Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions, Paragraph 6, Page 475, Line 4, by striking /must be to remove that portion of the homeowners tax for public school operating costs/ and inserting /shall be used to fund public school operating costs, thereby relieving homeowners of that portion of property taxes which relate to public school operating costs/
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Rep. HARRELL explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. FELDER spoke against the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 65, which was proposed on Monday, March 6, by Rep. H. BROWN.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Section 68A was adopted.
Debate was resumed on Section 69.
Rep. McABEE proposed the following Amendment No. 134 (Doc Name L:\h-wm\legis\amend\DH.8), which was tabled.
Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, By adding an appropriately numbered paragraph to read /Of the funds appropriated in program V.B., Highway Maintenance of this section, $1,254,200 shall be transferred to the South Carolina Department of Corrections for the implementation and operation of an inmate labor highway maintenance road crew./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Brown, J. Cain Cato Cave Chamblee Clyburn Cooper Cotty Delleney Easterday Fair Felder Fleming Harrell Harris, J. Harrison Huff Hutson Jennings Keegan Kelley Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Martin Mason McKay Moody-Lawrence Quinn Rice Richardson Riser Robinson Sandifer Seithel Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkins Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cobb-Hunter Cromer Dantzler Davenport Gamble Harris, P. Harvin Harwell Herdklotz Hines Hodges Howard Inabinett Jaskwhich Kennedy Keyserling Kinon Klauber Limbaugh Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Neilson Phillips Rhoad Rogers Scott Sharpe Sheheen Shissias Simrill Spearman Stille Stoddard Townsend Tucker Whipper, L. Wilder Wilkes Wofford
So, the amendment was tabled.
The SPEAKER granted Rep. SCOTT a temporary leave of absence.
Rep. WALDROP moved to reconsider the vote whereby Amendment No. 134 was tabled.
Rep. KEEGAN moved to table the motion to reconsider.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Cain Cato Clyburn Davenport Easterday Felder Fulmer Hallman Harrell Harrison Harwell Hutson Jaskwhich Keegan Kelley Kinon Knotts Koon Lanford Limehouse Littlejohn Mason Moody-Lawrence Quinn Riser Sandifer Seithel Smith, D. Smith, R. Spearman Stuart Thomas Vaughn Wells Whatley Wilkins Witherspoon Worley Wright Young, J.
Those who voted in the negative are:
Allison Anderson Bailey Baxley Boan Brown, H. Brown, J. Byrd Carnell Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Fair Fleming Gamble Harris, J. Harris, P. Harvin Herdklotz Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Klauber Law Limbaugh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Meacham Neilson Phillips Rhoad Rice Richardson Robinson Rogers Sharpe Sheheen Shissias Simrill Stille Stoddard Townsend Trotter Tucker Waldrop Walker White Wilder Wilkes Wofford Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. McABEE spoke in favor of the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 134 was out of order as the highway fund must not be used for any purpose other than the purpose provided for in Chapter 27, Title 12. He further stated that this would have to be done in separate legislation.
Rep. McABEE argued contra the Point in stating that this was cleaning up the highway right of way with these funds and this would be part of highway maintenance.
Rep. QUINN stated that this would have to be done in other legislation.
Rep. McABEE stated that this was a program that the highway department used to do and the money came out of the line item in the Highway Department revenue.
Rep. QUINN stated that when you are changing the trust fund it would have to be done in separate legislation and the statute passed last year was meant to prevent this type of amendment.
Rep. McABEE stated that this was not changing the trust fund but merely providing for the maintenance.
Rep. STILLE stated that trust fund money that was matched with federal dollars must be spent on primary or interstate highways and not all of the highway money was earmarked for trust fund money.
Rep. QUINN stated that matching funds were definitely involved here and the net effect of the amendment would be to decrease the amount of dollars.
The SPEAKER stated that Section 12-27-12 of the Code, which was passed in the permanent provisos of the budget last year, stated that except for the roughly $8.8 million transferred contained in the Appropriations for 1994-95, the highway fund must not be used for any purposes other than the purposes provided in Chapter 27, Title 12 as originally enacted except by separate legislation specifically for this purpose passed by a special vote of the General Assembly. He further stated that this section may not be amended or repealed except by separate legislation enacted specifically for this purpose. He further stated that after looking at Chapter 27, Title 12, he did not see where the purposes outlined in the amendment were in any way implied or enumerated in the Chapter and he sustained the Point of Order and ruled the Amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 155 (Doc Name L:\council\legis\amend\DKA\3783CM.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 69, DEPARTMENT OF TRANSPORTATION, beginning on page 475, by adding an appropriately numbered paragraph to read:
/__. For the current fiscal year, Section 57-11-20 of the 1976 Code is amended to read:
"Section 57-11-20. (A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `state highway fund' and all federal revenues and federal monies must be deposited into the `federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, The department must process all payment for goods and services, including right-of-way acquisitions through the office of the Comptroller General.
(C) Beginning January 1, 1994, The department shall process the payment for all personnel services through the office of the Comptroller General.
(D) For all capital improvement and permanent improvement projects beginning on or after July 1, 1994, the department shall enter detailed project numbers on all transactions submitted to the Comptroller General.
(E) The Comptroller General may continue to make deductions from the compensation of employees for the payment of premiums for life, hospital, and other types of insurance plans that are in force on July 1, 1992.
(F) Beginning July 1, 1993, The department is not considered a lump sum agency. The department shall not recover engineering or administrative cost from a highway construction project until that project has been completed and the contractor has received full payment. The department shall make final payment to the contractor within ninety days of final acceptance of the project by the department. Failure to timely make payment shall require the department to pay an administrative fee to the contractor of one percent of the amount owed a month."/
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. KEEGAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, H. Cain Cato Cave Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fulmer Hallman Harrell Harris, J. Harrison Herdklotz Hines Hodges Huff Hutson Jaskwhich Jennings Keegan Keyserling Knotts Koon Law Limbaugh Limehouse Marchbanks Martin Mason McCraw McMahand McTeer Neilson Phillips Quinn Rhoad Richardson Riser Robinson Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Tripp Tucker Vaughn Wells Whatley White Wilder Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Allison Anderson Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Chamblee Cobb-Hunter Cooper Fleming Gamble Harris, P. Harwell Howard Inabinett Kelley Kennedy Kinon Kirsh Klauber Lanford Littlejohn Lloyd McElveen Meacham Moody-Lawrence Rice Sandifer Simrill Smith, D. Stille Townsend Trotter Walker Whipper, S. Witherspoon Worley Young, J.
So, the amendment was tabled.
Rep. McABEE proposed the following Amendment No. 267 (Doc Name L:\h-wm\legis\amend\DH.8), which was tabled.
Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, by adding an appropriately numbered paragraph to read /Of the funds appropriated in program V.B., Highway Maintenance of this section, $1,254,200 shall be utilized for the implementation and operation of an inmate labor highway maintenance road crew./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 267 was out of order in compliance with Section 12-27-12.
Rep. McABEE argued contra the Point in stating that there were several provisos in the budget which point out that any amendment to the Appropriations Bill is in order if it provided how the agency was supposed to spend the money under the line item and it did not provide for moving the money out of the trust fund, it just directed the Highway Department on how to spend that portion of the money and for what purpose and it was in order.
The SPEAKER stated that there was a statute which stated that the highway fund must not be used for any purpose other than purposes provided for in Chapter 27, Title 12, as originally enacted, except by separate legislation specifically for this purpose and passed by a special vote of the General Assembly, and that this section may not be amended or repealed except by separate legislation enacted specifically for this purpose. He then questioned where in Chapter 27, Title 12, the implementation and operation of inmate labor was allowed.
Rep. McABEE stated that it did not provide for inmate labor, however, in the past the highway department had provided the services with their own labor and this merely provided an alternate use of the funds to utilize the inmates. He further stated that part of the maintenance of the highway system was litter control and to cut the grass, and other things necessary within the bounds of the highway right of way. He further stated that this, by proviso, was only directing the department to carry out a program.
The SPEAKER stated that initially he thought the amendment was out of order for the same reasons earlier, but in reading the statute again, the House did pass from time to time procedural controls by saying that it had to be passed in separate legislation so every law cannot be changed that was passed in Part II. He further stated that the first part of the statute passed last year stated that except of the $8.8 million transferred contained in the General Appropriations Act, the highway fund must not be used for any purposes and that if you did not have the first part of the sentence which stated except of that transferred, then the amendment might be out of order, but that it was tied directly to transferred money out of the highway fund and the sentence had to be looked at together. He further stated that this amendment had taken out the portion that specifically dealt with the transfer and specifically referred to highway maintenance which is a purpose specified in Title 12, Chapter 27. Therefore, this amendment escaped the restrictions in the Code Section and he overruled the Point of Order.
Rep. MARCHBANKS moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Beatty Breeland Brown, H. Brown, T. Cain Cato Cave Clyburn Cotty Dantzler Davenport Easterday Felder Fulmer Hallman Harrell Harrison Hines Hutson Keegan Kelley Kennedy Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McElveen Moody-Lawrence Neilson Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Thomas Tripp Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Bailey Baxley Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cooper Cromer Delleney Fair Fleming Gamble Harris, J. Harris, P. Harwell Herdklotz Hodges Howard Inabinett Jaskwhich Jennings Keyserling Kinon Kirsh Klauber Martin McAbee McCraw McMahand McTeer Meacham Phillips Rhoad Riser Rogers Scott Sheheen Simrill Spearman Stille Stoddard Stuart Trotter Tucker Waldrop Whipper, L. White Wilder Wilkes
So, the amendment was tabled.
While I voted to table Amendment Number 267, I favor the use of prison labor. I am skeptical of any claim that the Department of Corrections may make that they can not find the resources to implement such a prison work plan which this amendment promoted. The Department of Corrections is funded to the tune of $247.7 million - I believe if they wanted to do this then it could.
Rep. ALFRED B. ROBINSON, JR.
Section 69 was adopted.
Debate was resumed on Section 72.
Debate was resumed on Amendment No. 123, which was proposed on Monday, March 6, by Rep. ROBINSON.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 123A (Doc Name L:\h-wm\legis\amend\DC.036), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 483, Paragraph 24, Line 20, by inserting a new line at the end to read: /However, any private individuals who contract with any agency of the State and who are state retirees are subject to a $15,000 earnings limitation and the same discontinuance of retirement allowance as contained in paragrph 72.47 and 72.48/
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. STEWART raised the Point of Order that Amendment No. 123A was out of order as it was not germane and also did not refer to a line item.
Rep. ROBINSON argued contra the Point.
Rep. SCOTT stated that under what was being referenced to in Paragraph 24 down to Line 20 was just simply talking about the twelve months of time and was giving a cap of the amounts that they could contract and had nothing to do with the retirement participation of someone who contracted for services. He further stated that the amendment was directly pointed to Paragraph 24, Line 20 as an addition and the overall line item talked about the amount of dollars for services and not retirement.
The SPEAKER stated that since it was a Section 1 Proviso, it did not have to tie into appropriations in Section 1. He further stated that since it limited earnings from state agencies, it would be regarding earnings that state retirees could receive and the substantial effect of the amendment would be germane to the Bill and he overruled the Point of Order.
Rep. ROBINSON continued speaking.
Rep. RISER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Brown, T. Hines Howard Kelley Lloyd Martin Moody-Lawrence Riser Shissias Thomas White Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Herdklotz Huff Hutson Inabinett Jaskwhich Keegan Kennedy Keyserling Kirsh Klauber Knotts Koon Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McElveen Meacham Neilson Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. COTTY proposed the following Amendment No. 199 (Doc Name L:\h-wm\legis\amend\DM.76), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, page 489, line 25, opposite /member/ by inserting /of the public service commission and employment security commission/
Amend further, page 489, line 25, opposite /day/ by adding an appropriately numbered paragraph to read /and members of the Workers' Compensation Commission, members of Employment Security Commission and Public Service Commission shall be allowed subsistence expenses in the amount as provided in this act for same allowance for subsistence, expenses and mileage as provided for Circuit Court Judges./
Renumber sections & amend totals/title to conform.
Rep. COTTY explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. CROMER proposed the following Amendment No. 75 (Doc Name L:\h-wm\legis\amend\DC12), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 494, after line 26 by inserting a new appropriately numbered paragraph to read: Annually on October 1, the Comptroller General shall issue a report on out-of-state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom out-of-state travel expenses and registration fees were paid within each agency, not to exceed one hundred employees per agency. Expenditures must include state, federal and other sources of funds. The list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount. The Comptroller General may provide additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for economic development purposes. However, further disclosure of detailed information shall be restricted as provided for by law.
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. CROMER continued speaking.
Rep. CROMER continued speaking.
Rep. CROMER spoke in favor of the amendment.
The amendment was then adopted.
Rep. TUCKER moved to reconsider the vote whereby Amendment No. 155 on Section 69 was tabled and the motion was noted.
Reps. HUTSON and ROBINSON proposed the following Amendment No. 252 (Doc Name L:\h-wm\legis\amend\TR.175), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 28, sub-paragraph 4, page 485, line 32, by striking line 32 and inserting /determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in this act or by the State Budget and Control board. The State Budget and Control Board must report the full-time employee count and unfunded position status to the/
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Reps. NEAL and HOWARD proposed the following Amendment No. 261 (Doc Name L:\council\legis\amend\BR1\18264AC.95), which was tabled.
Amend the bill, as and if amended, Part IB, page 494, Section 72 - General and Temporary, by inserting an appropriately numbered paragraph to read:
/___. (A) 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, information on all employees affected by this reduction. 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.
(B) An agency seeking to fill a vacancy or a new position must obtain from the Office of Human Resources the information provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if a 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./
Renumber sections & amend totals/title to conform.
Rep. HOWARD explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Neilson Phillips Quinn Rhoad Rice Richardson Riser Sandifer Seithel Sharpe Sheheen Shissias Smith, R. Spearman Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Harris, P. Herdklotz Hines Hodges Howard Kennedy Lloyd McMahand McTeer Moody-Lawrence Rogers Scott Stille Stuart Tucker White
So, the amendment was tabled.
Reps. ROBINSON and HUTSON proposed the following Amendment No. 225 (Doc Name L:\h-wm\legis\amend\DC.033), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Paragraph 65, Page 494, by deleting the paragraph in its entirety and inserting /(GP: Hiring Freeze) Notwithstanding any other provision of law, in the current fiscal year no person may be hired to fill any vacant position in a state agency nor may a new position be created by any administrative act. These prohibitions apply regardless of the source of funding for the positions. The prohibition on filling a vacant position does not apply to a position specially exempted from the prohibition under procedures approved by the State Budget and Control Board nor does it apply to 24 hours custody or care positions, school teaching positions, faculty at colleges and universities, School for the Deaf and Blind, Wil Lou Gray Opportunity School, John De La Howe School, firefighting employees of the Forestry Commission, seasonal temporary employees of all agencies./
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 72 as amended was adopted.
Debate was resumed on Section 3B.
The motion of Rep. HARWELL to reconsider the vote whereby Amendment No. 4 was adopted was taken up and agreed to.
Rep. TUCKER moved to table the amendment, which was agreed to.
Reps. SHISSIAS, RICE, CARNELL and J. HARRIS proposed the following Amendment No. 269 (Doc Name L:\h-wm\legis\amend\TR.025), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3B, House of Representatives, Page 9, Line 11, by inserting a new item /Joint MH/MR Committee/ by increasing the line in columns (5) and (6) by /90,000
(2.0)/
Renumber sections & amend totals/title to conform.
Rep. SHISSIAS explained the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. MARCHBANKS moved to table the amendment.
Rep. SHISSIAS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Easterday Fair Littlejohn Marchbanks
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, T. Byrd Cain Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Howard Hutson Inabinett Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Whatley Whipper, L. Whipper, S. White Wilder Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 3B as amended was adopted.
Debate was resumed on Section 5.
Reps. MARCHBANKS and QUINN proposed the following Amendment No. 46 (Doc Name L:\h-wm\legis\amend\DH.11), which was adopted.
Amend the bill, as and if amended, Part IA, Section 5, Administrative Law Judges, Page 29, Line 5, Opposite /Associate Judge/ by decreasing the amounts in columns (5) and (6) by /$155,150/
Amend further, Page 29, Line 7, Opposite /Unclassified Position/ by increasing the amounts in columns (5) and (6) by /$156,459/
Amend further, Page 29, Line 19, Opposite, /Employer Contribution/ by decreasing the amounts in columns (5) and (6) by /$104,511/
Amend further, Page 47, Line 23, Opposite /Judicial Circuit State Support/ by increasing the amounts in columns (5) and (6) by /$159,628/
Amend further, Page 254, Line 37, Opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$56,426/
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Section 5 as amended was adopted.
Debate was resumed on Section 12.
Rep. McABEE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\5533HTC.95), which was tabled.
Amend the bill, as and if amended, Section 12, Prosecution Coordination Commission, page 0047, line 23, opposite /Judicial Circuits State Support/ by increasing the amounts in columns (5) and (6) by /43,718/.
Renumber sections & amend totals/title to conform.
Rep. McABEE moved to table the amendment, which was agreed to.
Section 12 was adopted.
Debate was resumed on Section 34.
Section 34 was adopted.
Debate was resumed on Section 35.
Rep. LANFORD explained the section.
Section 35 was adopted.
Debate was resumed on Section 1.
Rep. H. BROWN proposed the following Amendment No. 271 (Doc Name L:\h-wm\legis\amend\FF.030), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Operation of State Government, Page 375, Line 17, by striking /the soft drinks tax/
Amend further, Page 375, Line 21, by striking /agencies/
Amend further, Page 375, Line 31, by adding new lines to read:
/Aid to Subdivisions:
Public School Operating Costs-Homeowner Tax
Relief
Public School Retirement Supplement
Other School Purposes/
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN moved to divide the question.
Rep. FAIR raised the Point of Order that the motion to divide the question was out of order as it came too late as the House was in the middle of a vote.
The SPEAKER sustained the Point of Order.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Brown, H. Brown, T. Cain Cato Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Harwell Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Byrd Carnell Cave Cobb-Hunter Govan Hodges Howard Kennedy Lloyd McAbee McMahand McTeer Moody-Lawrence Neal Rogers Sheheen Stuart Tucker Whipper, L. White Wilder Wilkes
So, the amendment was then adopted.
Section 1 as amended was adopted.
Rep. H. BROWN moved that the House do now adjourn, which was adopted.
Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3B, 5, 12, 31, 34, 35, 47, 54, 63, 69, Part IB, Sections 1, 8, 12, 14, 17C, 17D, 17E, 17F, 18A, 18B, 18K, 18M, 18N, 19, 19A, 26, 30, 49, 54, 56, 59, 68A, 69 and 72 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.
At 7:40 P.M. the House in accordance with the motion of Rep. KEEGAN adjourned in memory of Roger Bleaken of Myrtle Beach, to meet at 9:30 A.M. tomorrow.
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