Printed Page 1100, Feb. 28
| Printed Page 1120, Feb. 28
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Printed Page 1100, Feb. 28
| Printed Page 1120, Feb. 28
| I inadvertently pushed the red button and meant to push the green button to table the amendment.
Rep. THEODORE A. BROWN
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:
/Monies appropriated for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or procure services for employment training purposes shall be reported to the Budget & Control Board to ensure duplication of services does not occur./
Renumber sections & amend totals/title to conform.
Rep. McELVEEN explained the amendment.
The amendment was then adopted.
Rep. NEILSON proposed the following Amendment No. 98 (Doc Name P:\amend\ta.11), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:
/Within the funds appropriated herein, the Department of Health & Human Services, in conjunction with the Department of Social Services, shall review how many children of AFDC recipients are being placed in unregulated childcare arrangements. DHHS and DSS shall submit a report to the General Assembly by January 15th, 1997, which shall make recommendations for serving AFDC recipients' children in regulated childcare to help improve the positive development of these children./
Renumber sections & amend totals/title to conform.
Rep. NEILSON explained the amendment and moved to table the amendment, which was agreed to.
Rep. NEILSON proposed the following Amendment No. 191 (Doc Name P:\amend\ta.11), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:
/Within the funds appropriated herein, the Department of Health & Human Services, in conjunction with the Department of Social Services, shall review how many children of AFDC recipients who receive public funds for childcare are being placed in unregulated childcare arrangements. DHHS and DSS shall submit a report to the General
Renumber sections & amend totals/title to conform.
Section 72 as amended was adopted.
Section 1 was adopted.
Rep. H. BROWN explained the section.
Section 2 was adopted.
Section 3 was adopted.
The SPEAKER granted Rep. WRIGHT a leave of absence.
The SPEAKER granted Reps. CANTY and JENNINGS a leave of absence.
Reps. KEYSERLING and HALLMAN proposed the following Amendment No. 192 (Doc Name P:\amend\GJK\22418SD.96), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 4, by striking subsection (A) of Section 48-48-140 of the 1976 Code, which begins on line 42 of page 502, and inserting:
"(A) There is imposed a tax on each shipment of low-level radioactive waste disposed of in this State of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State or three hundred ninety-two dollars a curie on each curie, whichever is greater. The revenues resulting from the provisions of this section must be used for the South Carolina Children's Education Educational Assistance Endowment Fund as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in subsection (C), the
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. SHEHEEN raised the Point of Order that Section 4 was out of order as it was not germane.
The SPEAKER stated that it related to the funds appropriated in Higher Education.
Rep. SHEHEEN inquired where it was appropriated in Higher Education and what line item did it refer to in Part I.
The SPEAKER stated that it referred to Page 93, Line 2.
Rep. SHEHEEN stated that it was just total funds there and no state funds.
The SPEAKER stated that it had to tie back to an appropriation of revenue in Part I.
Rep. SHEHEEN stated that there was no appropriation of revenue in Part I which related to this.
The SPEAKER cited Section 1A on Page 393 of Part IB, Line 35.
Rep. SHEHEEN stated that it still did not relate to a line item in Part I. He further stated that the $30 million would have to be in separate legislation and an endowment fund. He further stated that it was kept in a separate fund under last year's appropriations bill.
Rep. FELDER stated that it just simply changed the name of the fund.
Rep. SHEHEEN stated that the funds were earmarked in 1995-96 and this bill dealt with 1996-97.
Rep. FELDER stated there had been plenty of trust funds set up and then the General Assembly would come back the following year and appropriate money and decide where it would go and that there was precedent on that.
Rep. QUINN stated that Rule 5.3 stated that unless it related directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill and the money was referred to in the Bill in the education part and in highways.
The SPEAKER stated that there was money appropriated in Part I that related directly to this Part II proviso and it was on Page 93, but Rep. SHEHEEN had stated that it was not state funds.
Rep. QUINN stated that state funds were not referred to in Rule 5.3.
Rep. SHEHEEN stated that in education it was rolled up and he could not tell, but that in highway fund money, it was not appropriated so there was no control over it.
The SPEAKER stated that there was a specific line item in Part I that this applied to and it directly affected those revenues. He further stated that under Rule 5.3 there was a proviso section in Part II that directly related to revenues and a line item in Part I and that it was germane and he overruled the Point of Order.
Rep. SHEHEEN further raised the Point of Order about the $30 million being in this year's budget or in Part I, Section 10 of the 1995-96 Appropriations Bill. He further stated that it would not be germane in that it affected another fiscal year and would not be germane to the title of the Bill.
Rep. HASKINS stated that the funds were going to be spent in this 1996-97 Appropriations Bill and that it was not spent during the 1995-96 year, only collected then. He further stated that Section 4 dictated how the funds were to be collected during the 1996-97 year.
Rep. SHEHEEN stated that it was collected in the 1995-96 year which ended June 30. He further stated that there needed to be a supplemental bill to spend the funds or a separate piece of legislation to spend funds generated in that year because there was no anti-lapse provision on the funds.
Rep. HASKINS stated that it was not necessary for an anti-lapse provision because they were not appropriated in that year and that the 1995-96 year will end this June 30.
The SPEAKER cited Line 36 on Page 503 which states for purposes of the allocation.
Rep. FELDER stated the line stated for purposes of the allocation to the Higher Education Scholarship Grants, the Budget and Control Board shall release a minimum of $10 million annually beginning with the 1996-97 fiscal year.
Rep. SHEHEEN stated that those were monies collected in the 1995-96 year and that it would be replaced with monies collected this year. He further stated that Rep. FELDER was referring to the release of money, not money collected in the 1996-97 year.
Rep. HASKINS stated that the Rules stated that it must directly relate to an appropriation being made or revenue provided. He further stated that revenue provided may come in one year and be appropriated the next year.
Rep. KEYSERLING spoke in favor of the amendment.
Rep. CAVE moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Boan Brown, H. Brown, T. Cain Carnell Cato Cave Clyburn Cooper Cotty Dantzler Davenport Easterday Felder Fleming Gamble Govan Harrell Harvin Haskins Herdklotz Jaskwhich Jennings Kelley Kennedy Kinon Klauber Koon Law Limbaugh Littlejohn Loftis Marchbanks Mason McAbee McCraw McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Waldrop Walker White Wilkes Wilkins Witherspoon Wofford Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Byrd Chamblee Cobb-Hunter Cromer Delleney Hallman Harris, J. Harris, P.
Hines, J. Hodges Howard Hutson Keegan Keyserling Kirsh Lanford Lee Limehouse Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Scott Seithel Sheheen Shissias Stille Stoddard Thomas Tucker Whatley Whipper, L. Whipper, S. Wilder Williams Worley Young
So, the amendment was tabled.
Section 4 was adopted.
Section 5 was adopted.
Rep. G. BROWN proposed the following Amendment No. 35 (Doc Name P:\amend\PFM\8008AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by deleting SECTION 6.
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. KEEGAN spoke against the amendment.
Reps. COTTY, PHILLIPS, FLEMING and G. BAILEY spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Cato Easterday Hallman Harrell
Haskins Herdklotz Jaskwhich Limehouse Loftis Marchbanks Quinn Rice Robinson Sharpe Tripp Trotter Tucker Wells Wilkins Wofford
Those who voted in the negative are:
Allison Anderson Askins Bailey Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Carnell Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Felder Fleming Gamble Govan Harris, J. Harris, P. Harvin Hines, J. Hines, M. Hodges Howard Hutson Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lee Limbaugh Littlejohn Lloyd Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams
Witherspoon Worley Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 8 was adopted.
Rep. KOON explained the section.
Section 10 was adopted.
Rep. MARCHBANKS proposed the following Amendment No. 154 (Doc Name P:\amend\PFM\8035AC.96), which was adopted.
Amend the bill, as and if amended, Part II, beginning on page 506, by deleting SECTION 11.
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Section 12 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Section 17 was adopted.
Section 18 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Rep. FELDER proposed the following Amendment No. 158 (Doc Name P:\amend\JIC\5339HTC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 21, page 512, by striking line 2 and inserting:
/Subject to obtaining the approval of the State Board expressed by resolution duly adopted, the trustees are authorized/
Amend further, SECTION 21, page 513, by striking subsection L on lines 13 through 17 and inserting:
/L. All Bonds shall must be disposed of in such manner as the Trustees shall determine, except that no sale privately negotiated without public advertisement, shall be made unless the approval of the State Board shall be obtained. If the Trustees shall elect to sell the Bonds at public sale, at least one advertisement thereof of the sale shall appear in a financial paper published in the City of New York, State of New York, or in a newspaper of general circulation in South Carolina not less than seven days prior to before the occasion fixed for the opening of bids./
Amend further, SECTION 21, page 513, by striking line 24 and inserting:
/Reserve Fund, at anytime proceeds from the sale of any athletic revenue bonds and any other athletic funds available to the university. They shall/
Amend title, totals, and renumber sections to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
Section 21 as amended was adopted.
Printed Page 1100, Feb. 28
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