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:
Eternal God, our Father, we thank You for the grandeur of another day with its awakening of Spring, and for Your endless blessings from birth to this very moment. To You, Lord of all, we raise this our prayer of grateful praise.
As we set out upon the challenges of this day, inspire us to seek first Your will for the welfare of the people of this great State. May our thoughts, our words and our actions be such as to merit Your divine approval.
"To serve our present age,
Our callings to fulfill,
O may it all our powers engage
To do our Master's will."
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. HARVIN moved that when the House adjourns, it adjourn in memory of Vernon O'Neil Moore of Lake City, father-in-law of Representative ASKINS, which was agreed to.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4740 -- Reps. Inabinett, J. Hines, Pinckney, Neilson, Cobb-Hunter, Seithel, Breeland, Mason, Gourdine, Govan, Simrill, Mack, Lee, Robinson, J. Smith, Lloyd, Byrd, Davenport, Scott, J. Brown, Neal, Bailey, Stuart, Miller, Martin, Battle and Cave: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE "SOUTH CAROLINA SCHOOL SEXUAL ASSAULT AND HARASSMENT INFORMATION ACT" WHICH SHALL REQUIRE SCHOOL DISTRICTS TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROVIDE PREVENTION, AWARENESS, AND REMEDIES FOR SEXUAL ASSAULT AND HARASSMENT ON SCHOOL GROUNDS AND PROPERTY.
Referred to Committee on Education and Public Works.
H. 4741 -- Rep. Hinson: A BILL TO AMEND SECTION 56-1-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL ISSUE A DRIVER'S LICENSE TO A PERSON AT LEAST SIXTY-FIVE YEARS OLD AT NO CHARGE.
Referred to Committee on Education and Public Works.
H. 4742 -- Rep. Hinson: A BILL TO AMEND SECTION 20-7-7805, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT IN JUVENILE PROCEEDINGS, SO AS TO AUTHORIZE THE COURT TO EXTEND PROBATION TO THE JUVENILES' NINETEENTH BIRTHDAY AND TO ASSESS A FEE AGAINST THE JUVENILE DURING THIS EXTENSION; AND TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT OF SUCH EXTENSIONS OF PROBATION DURING FISCAL YEAR 1998-99.
Referred to Committee on Judiciary.
H. 4743 -- Rep. Hinson: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, AND SECTION 12-6-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT INCOME DEDUCTION ELECTION AND THE TAXABLE INCOME EXCLUSION ALLOWED PERSONS SIXTY-FIVE YEARS OF AGE OR OLDER FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE ELECTION AND ALLOW AN ANNUAL DEDUCTION OF UP TO THREE THOUSAND DOLLARS OF RETIREMENT INCOME AND UP TO TEN THOUSAND DOLLARS BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE, AND TO ALLOW AN ANNUAL DEDUCTION OF FORTY-FIVE THOUSAND DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE TAXABLE YEAR THE TAXPAYER ATTAINS THE AGE OF SIXTY-FIVE YEARS REDUCED BY THE RETIREMENT INCOME DEDUCTION, TO PROVIDE FOR CLAIMING THIS DEDUCTION ON JOINT RETURNS, AND TO DELETE PROVISIONS RELATING TO THE POSTPONEMENT OF THE MAXIMUM DEDUCTION UNDER THE PRIOR LAW.
Referred to Committee on Ways and Means.
H. 4744 -- Rep. Hinson: A BILL TO AMEND SECTIONS 9-1-1510, AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY TO TWENTY-FIVE THE YEARS OF CREDITABLE SERVICE TO RETIRE AT ANY AGE WITHOUT PENALTY FOR PERSONS FIRST BECOMING MEMBERS OF THE SOUTH CAROLINA SYSTEM AFTER JUNE 30, 1998; AND TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE BOTH EMPLOYER AND EMPLOYEE CONTRIBUTIONS ON PERSONS FIRST BECOMING MEMBERS AFTER JUNE 30, 1998, IN AN AMOUNT SUFFICIENT TO OFFSET THE INCREASED ACTUARIAL COST OF THESE PROVISIONS.
Referred to Committee on Ways and Means.
H. 4745 -- Reps. R. Smith, Beck, Mason, Clyburn and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON OCTOBER 22, 1997, BY THE STUDENTS OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MAJOR BREAKDOWN OF AN ELECTRICAL TRUNK FEEDER LINE INTO THE SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. R. SMITH, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Boan Bowers Breeland Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cooper Dantzler Delleney Edge Fleming Gamble Gourdine Hamilton Harrell Harrison Harvin Hawkins Hinson Howard Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Leach Lee Littlejohn Lloyd Mack Martin Mason McAbee McCraw McGee McLeod McMahand Meacham Miller Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Spearman Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, March 3.
Douglas Jennings, Jr. Timothy C. Wilkes J. Michael Baxley Harry R. Askins Bradley L. Jordan Alma W. Byrd Harry C. Stille Jackson S. Whipper Dwight A. Loftis Joe McMaster J. Cordell Maddox, Jr. James L.M. Cromer, Jr. Woodrow M. McKay G. Ralph Davenport, Jr. Victoria T. Mullen Ronald P. Townsend Eugene C. Stoddard Ralph W. Canty C. Anthony Harris, Jr. Daniel L. Tripp H.B. Limehouse III Jerry N. Govan, Jr. Gilda Cobb-Hunter Grady A. Brown James N. Law Steve P. Lanford J. Gary Simrill Richard M. Quinn, Jr. Elsie Rast Stuart Jesse E. Hines Wilbur L. Cave Lynn Seithel Terry E. Haskins Marion P. Carnell Scott Beck Joseph H. Neal Michael E. Easterday John G. Felder Bill Cotty Bessie Moody-Lawrence Theodore A. Brown
LEAVE OF ABSENCE
The SPEAKER granted Rep. ASKINS a temporary leave of absence.
Rep. SPEARMAN signed a statement with the Clerk that she was not present during the Session but arrived in time to attend the Committee meetings on Thursday, February 19.
Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4531
DATE REMOVE:
3/3/98 Shirley R. Hinson
3/3/98 James N. Law
Bill Number: H. 4723
DATE ADD:
3/3/98 William K. Bowers
Bill Number: H. 4714
DATE ADD:
3/3/98 William K. Bowers
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 873 -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.
Debate was resumed on the following Bill, the pending question being the consideration of Section 63A, Amendment No. 63, the SPEAKER's ruling on the Point of Order.
Debate was resumed on Section 63A.
Rep. KIRSH proposed the following Amendment No. 63 (Doc Name P:\AMEND\006\Computer.006), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 63A, Budget and Control Board - Division of Executive Director, page 479, paragraph 7, line 7, by adding an appropriately numbered paragraph to read:
/(1) No cause of action, including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneous date, regardless of the cause of the error.
(2)Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.
(3)Any contract subject to this section that is entered into on or after July 1, 1998, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.
(4)For purposes of this section:
(a)'employment' includes any services performed by an immune contractor;
(b)'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of this State."
SPEAKER WILKINS stated that he had reviewed the Point of Order raised by Rep. ROBINSON that Amendment No. 63 was not germane to the Bill. He sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH raised a Point of Order that Section 63A.7 was not germane to the Bill.
Rep. ROBINSON argued contra.
SPEAKER WILKINS cited Rule 5.3 and stated that directives that affect appropriations are germane. He sustained the Point of Order and ruled the section out of order. He further stated that the section did not affect an appropriation or revenue and therefore ordered it stricken from the Bill.
Section 63A was adopted.
Debate was resumed on Section 63C.
Rep. KNOTTS proposed the following Amendment No. 94 (Doc Name P:\AMEND\GJK\21284SD.98), which was adopted.
Amend the bill, as and if amended, PART IB, Section 63C, paragraph 63C.2, beginning on line 17 page 480, by striking /No agency head shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range./ and inserting /No agency head shall be paid less than the minimum of the pay range nor receive an increase that would have the effect of raising the salary above the maximum of the pay range. No agency head shall receive a salary increase in excess of two percent beginning October 1 of this fiscal year./
Amend further, as and if amended, in PART IB, Section 63C, paragraph 63C.12 by striking beginning on line 23, page 483, /No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range./ and inserting /No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range. No agency head shall receive a salary increase in excess of two percent beginning October 1 of this fiscal year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Boan Brown, H. Brown, J. Campsen Cato Chellis Cooper Dantzler Edge Harrell Harrison Haskins Hinson Keegan Klauber Koon Law Leach Littlejohn Mason McAbee McGee McKay Mullen Quinn Robinson Rodgers Sandifer Smith, D. Smith, R. Spearman Stuart Vaughn Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Battle Bauer Baxley Bowers Breeland Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Fleming Gamble Gourdine Harris Harvin Howard Inabinett Kelley Kennedy Kirsh Knotts Lee Limehouse Lloyd Loftis Mack Maddox Martin McCraw McLeod Meacham Miller Neilson Phillips Rhoad Rice Riser Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Trotter Walker Whatley Wilder
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN continued speaking.
Reps. HARRELL and ROBINSON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Bauer Bowers Breeland Brown, G. Brown, J. Byrd Cato Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Fleming Gamble Gourdine Harris Howard Inabinett Kelley Kirsh Knotts Lee Limehouse Lloyd Loftis Mack McCraw McLeod McMahand McMaster Meacham Miller Neilson Phillips Rhoad Rice Rodgers Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Stuart Walker Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Baxley Beck Boan Brown, H. Campsen Chellis Cooper Dantzler Easterday Edge Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kennedy Kinon Klauber Koon Law Leach Littlejohn Maddox Martin Mason McAbee McGee McKay Mullen Quinn Robinson Sandifer Smith, D. Smith, R. Spearman Trotter Vaughn Webb Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was adopted.
Rep. KNOTTS proposed the following Amendment No. 80 (Doc Name P:\AMEND\KGH\15483SD.98), which was adopted.
Amend the bill, as and if amended, in Part IB, Section 63C, paragraph 63C.11, by striking / may / on line 8 on Page 483 and inserting / may shall/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Rep. CROMER moved to reconsider the vote whereby Amendment No. 80 was adopted, which was agreed to.
Rep. H. BROWN spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. F. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Baxley Beck Boan Brown, H. Campsen Cato Chellis Cooper Cromer Dantzler Delleney Easterday Edge Gamble Hamilton Harrell Harrison Harvin Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Klauber Koon Law Leach Limehouse Littlejohn Martin Mason McAbee McCraw McGee McKay McMaster Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sheheen Smith, J. Smith, R. Spearman Stille Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Bauer Bowers Breeland Brown, G. Byrd Canty Cave Cobb-Hunter Cotty Davenport Fleming Gourdine Govan Harris Howard Inabinett Kirsh Knotts Lloyd Mack Maddox McLeod Meacham Scott Simrill Smith, F. Stoddard Stuart Trotter Whatley Whipper
So, the amendment was tabled.
Rep. HOWARD proposed the following Amendment No. 96 (Doc Name P:\AMEND\006\State pay.006), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analysis, page 483, paragraph 12, lines 9-32, by striking /2%/ and inserting /3%/
Renumber sections and amend totals/title to conform.
Rep. HOWARD explained the amendment.
Rep. YOUNG raised a Point of Order that Amendment No. 96 was out of order in that it was identical to a previously considered amendment which was tabled.
Rep. HOWARD argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. SHARPE proposed the following Amendment No. 104 (Doc Name P:\AMEND\006\raise.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analysis, page 483, paragraph 12, lines 9-32, by striking /October 1/ and inserting /July 1/
Renumber sections and amend totals/title to conform.
Rep. SHARPE explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH moved to adjourn debate upon the section, which was adopted.
Rep. D. SMITH proposed the following Amendment No. 136 (Doc Name P:\AMEND\GJK\21288SD.98), which was adopted.
Amend the bill, as and if amended, PART IB, SECTION 63D, page 484, by adding a new subsection appropriately numbered to read:
/63D.___ Notwithstanding any other provision of law, the State Budget and Control Board shall contract by means of requests for proposals for the workers compensation insurance requirements of state agencies and institutions. Consistent with the provisions of Chapter 35 of Title 11, the South Carolina Consolidated Procurement Code, contracts must be awarded to the low bidder. Funds appropriated to state agencies and institutions of higher learning in the annual general appropriations act for the budget category of 'Other Operating Expenses' must be reduced on a pro rata basis to reflect savings in workers compensation costs resulting from this subsection./
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. KEEGAN spoke against the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. YOUNG-BRICKELL spoke against the amendment.
The amendment was then adopted.
Section 63D as amended was adopted.
Section 63F was adopted.
Section 64 was adopted.
Rep. McLEOD proposed the following Amendment No. 72 (Doc Name P:\AMEND\002\72P77.002), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 512, paragraph 77, line 17, by inserting:
/72.77. (GP: Voluntary Separation Program/FTE Reduction) Based on guidelines established by the Budget and Control Board, state agency directors may develop and implement a voluntary separation program to retarget resources within their agencies to maximize cost effectiveness in accord with their agency's mission. Such programs will include a lump-sum incentive payment the equivalent of one bi-monthly pay period for each year of continuous service with the state, not to exceed $50,000, and must also include payment of the employer's portion of health and dental benefits for eligible employees for a period not to exceed one year. Agencies that participate in the program will have their authorized FTE base reduced by 75% of the FTEs occupied by employees who participate in the program.
Any program developed under this provision will involve voluntary participation from employees and will be funded within existing appropriations. Employees who participate in this program are prohibited from employment with the State of South Carolina in a permanent or temporary position, or on a contractual basis, for a period of two years from the date of separation. The specific provisions of an agency's program must be reported to the Budget and Control Board by September 1 of the current fiscal year, and any employees participating in the program must separate from employment on or before December 1 of the current fiscal year. Unless otherwise specified, all full-time and part-time employees in permanent positions are eligible to participate in this program. All voluntary elections to participate in the program are subject to the approval of the agency director. All decisions to approve or disapprove participation are final and cannot be appealed either administratively or judicially.
Any payment received by an employee as a result of participation in this program is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems./
Renumber sections and amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. McLEOD spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\AMEND\003\vicwit.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, , page 513, paragraph 82, line 1, by striking /March 1, 1998/ and inserting /August 1, 1998/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. ALTMAN proposed the following Amendment No. 83 (Doc Name P:\AMEND\DKA\4832MM2.98).
Amend the bill, as and if amended, Part IB, SECTION 72 - BUDGET AND CONTROL BOARD, BUDGET AND ANALYSES, page 515, line 16, by adding an appropriately numbered paragraph:
/Nothing in this paragraph may be construed to allow an agency, department, institution, activity, program, item, special appropriation, or allocation which is funded by this general appropriation bill or special act hereafter to use race, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in its operation or utilization of those funds, and any provisions of this bill inconsistent with this section are void or repealed. Any survey by the State Budget and Control Board of the progress of the collection of revenue and expenditure of funds pursuant to this paragraph must include a verification that state-appropriated funds are not being used to discriminate or grant preferential treatment based on any of these criteria./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. HOWARD spoke against the amendment.
Rep. HOWARD continued speaking.
Rep. SCOTT raised a Point of Order that Amendment No. 83 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS stated that the SPEAKER'S ruling on a Point of Order raised the day before on the same amendment ruled that the amendment was germane as far as being germane to the budget. However, it was non-germane to the paragraph it sought to amend. He stated that this amendment added an additional paragraph to the Bill and therefore overruled the Point of Order.
Rep. HOWARD continued speaking.
Reps. MACK and MOODY-LAWRENCE spoke against the amendment.
Rep. MOODY-LAWRENCE continued speaking.
Rep. HARRELL moved to adjourn debate upon the section, which was adopted.
Rep. FLEMING proposed the following Amendment No. 119 (Doc Name P:\AMEND\009\DOCCO.009), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, Department of Commerce, page 214, line 38, opposite /ALLOCATIONS TO COUNTIES/ by increasing the amount(s) in Column 5 and 6 by:
Column 5 Column 6
/ $250,554 $250,554
() ()
Renumber sections and amend totals/title to conform.
Rep. FLEMING explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Section 27 was adopted.
Rep. FLEMING proposed the following Amendment No. 118 (Doc Name P:\AMEND\009\escprog1.009), which was tabled.
Amend the bill, as and if amended, Part IA, Section 51, Employment Security Commission, page 293, line 38, opposite /TOTAL SCOICC/ by decreasing the amount(s) in Column 5 and 6 by:
Column 5 Column 6
/ $1,048,977 $250,554
(5.50) ()
Renumber sections and amend totals/title to conform.
Rep. FLEMING explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. FLEMING spoke in favor of the amendment.
Rep. NEAL spoke against the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 60 to 26.
Section 51 was adopted.
Section 56A was adopted.
Section 56B was adopted.
Rep. GOVAN proposed the following Amendment No. 147 (Doc Name P:\AMEND\006\govoff.006), which was tabled.
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Office - Executive Policy and Programs, page 318, line 5, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:
Column 5 Column 6
/ $200,000 $200,000
() ()
Renumber sections and amend totals/title to conform.
Rep. GOVAN explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 149 (Doc Name P:\AMEND\006\govoff.006), which was tabled.
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Office - Executive Policy and Programs, page 318, line 5, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:
Column 5 Column 6
/ $150,000 $150,000
() ()
Renumber sections and amend totals/title to conform.
Rep. GOVAN explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 148 (Doc Name P:\AMEND\006\govoff.006), which was tabled.
Amend the bill, as and if amended, Part IA, Section 56C, Governor's Office - Executive Policy and Programs, page 318, line 5, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:
Column 5 Column 6
/ $100,000 $100,000
() ()
Renumber sections and amend totals/title to conform.
Rep. GOVAN explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to by a division vote of 56 to 22.
Section 56C was adopted.
Section 56D was adopted.
Section 63B was adopted.
Section 63D was adopted.
Debate was resumed on the Section 1A.
Rep. J. SMITH proposed the following Amendment No. 157 (Doc Name P:\AMEND\008\reimdst2.008), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 403, line 27, by adding an appropriately numbered paragraph to read:
/The agreed upon acceptable local cost reimbursement or the additional amount equivalent to the statewide average of the local base student cost multiplied by the appropriate pupil weighting set forth in Section 59-20-40, for instructional services provided to out-of-district students, shall be paid within 60 days of billing provided the billing district has provided a copy of the invoice to both the Superintendent and the finance office of the district being invoiced. Should the district not pay within 60 days, the billing district can seek relief from the State Department of Education. The State Department shall withhold EFA and or EIA funding equal to the billing from the district refusing to pay and submit the funding (equal to the invoice) to the billing school district./
Renumber sections and amend totals/title to conform.
Rep. J. SMITH explained the amendment.
The amendment was then adopted.
Rep. NEAL proposed the following Amendment No. 123 (Doc Name P:\AMEND\008\CRNeal2.008), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, State Department of Education, page 395, line 17, by adding an appropriately numbered paragraph to read:
/The State Department of Education with resources appropriated in Section 1, shall provide $300,000 to the C. R. Neal Learning Center./
Renumber sections and amend totals/title to conform.
Rep. NEAL explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 124 (Doc Name P:\AMEND\008\CRNeal1.008), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, State Department of Education, page 395, line 17, by adding an appropriately numbered paragraph to read:
/The State Department of Education with resources appropriated in Section 1, shall provide $250,000 to the C. R. Neal Learning Center./
Renumber sections and amend totals/title to conform.
Rep. NEAL explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 56 to 36.
Section 1A as amended was adopted.
Section 13 was adopted.
Debate was resumed on Section 42.
Rep. FELDER explained the section.
Rep. SCOTT moved that the House recede until 2:30 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Section 42.
At 2:30 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised. A quorum was later present.
Rep. H. 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 Section 42, Part IB.
Debate was resumed on Section 42.
Rep. EASTERDAY proposed the following Amendment No. 169 (Doc Name P:\AMEND\005\psceas1.005), which was tabled.
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 7, line 11, by striking /$1,200,000/ and inserting /$1,000,000/
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 7, line 12, by inserting:
/$200,000 to the Department of Commerce for technology equipment./
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Rep. EASTERDAY explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. EASTERDAY proposed the following Amendment No. 170 (Doc Name P:\AMEND\005\psceas2.005), which was tabled.
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 8, line 16, by striking /and $1,000,000 / and inserting /$700,000/
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 8, line 16, by adding at the end:
/, and $300,000 to the Department of Commerce for information technology and advertising./
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Rep. EASTERDAY explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 167 (Doc Name P:\AMEND\009\Dual 1.009), which was tabled.
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 8, line 16, by striking /Lake Marion Regional Water Agency/ and inserting /Department of Public Safety for patrol cars for the Highway Patrol/
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Rep. KIRSH explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Section 42 was adopted.
Debate was resumed on Section 51.
Rep. COBB-HUNTER proposed the following Amendment No. 106 (Doc Name P:\AMEND\JIC\4700GCH.98), which was adopted.
Amend the bill, as and if amended, Part IB, Section 51, page 460, line 10, by adding an appropriately numbered paragraph to read:
/(A) of the funds appropriated to the Employment Security Commission, on page 293, Line 15 of the act, the commission shall provide assistance to employees of owners or operators of any coin-operated devices who lose their jobs as a result of the loss of revenue caused by this act. Assistance provided shall include individualized re-employment services such as job counseling, job search, and placement for those who have transferable job skills. For those who do not have transferable job skills, occupational training must be made available at no cost to the individuals.
(B) Notwithstanding any general effective date provided in this act, this section takes effect upon approval by the Governor./
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Rep. COBB-HUNTER explained the amendment.
The SPEAKER granted Rep. YOUNG a temporary leave of absence.
Rep. COBB-HUNTER continued speaking.
Rep. KEEGAN spoke upon the amendment.
The amendment was then adopted.
Section 51 as amended was adopted.
Debate was resumed on Section 56DD.
Section 56DD was adopted.
Debate was resumed on Section 63C.
Rep. KNOTTS proposed the following Amendment No. 139 (Doc Name P:\AMEND\006\Pay3p5%.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analyses, page 483, paragraph 12, lines 9-32, by striking / October 1 / and reinserting / July1/
Amend the bill further, lines 9-32, by striking / 2% / and inserting /3.5%/
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Rep. KNOTTS explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. HOWARD proposed the following Amendment No. 152 (Doc Name P:\AMEND\006\Stpay2.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analysis, page 483, paragraph 12, lines 9-32, by striking / 2% / and inserting / 2.9% /
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Rep. HOWARD explained the amendment.
Rep. ROBINSON 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 Altman Askins Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Cromer Dantzler Easterday Edge Fleming Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Mason McAbee McGee McKay McMaster Mullen Neilson Quinn Rice Riser Robinson Rodgers Sandifer Smith, D. Smith, R. Spearman Stuart Trotter Vaughn Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bailey Barfield Baxley Breeland Brown, G. Brown, J. Brown, T. Canty Cave Clyburn Cobb-Hunter Davenport Delleney Gourdine Govan Harris Harvin Hines, J. Howard Inabinett Jennings Kennedy Kirsh Knotts Lloyd Mack Maddox Martin McCraw McLeod McMahand Meacham Miller Moody-Lawrence Phillips Rhoad Scott Seithel Sheheen Simrill Smith, F. Smith, J. Stille Stoddard Walker Whatley Whipper Wilder Witherspoon
So, the amendment was tabled.
Reps. KIRSH and McLEOD proposed the following Amendment No. 62 (Doc Name P:\AMEND\006\PayIncr.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analysis, page 483, paragraph 12, lines 9-32, by striking /October 1/ and inserting /July 1/
/Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board - Division of Budget and Analysis, page 483, paragraph 12, line 9-32, by striking /2%/ and inserting /2 1/2%/
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Rep. KIRSH explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 28.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 72.
Rep. McLEOD proposed the following Amendment No. 84 (Doc Name P:\AMEND\002\72p45mcl.002), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 506, paragraph 45, line 12-17, by striking /THE PROVISO IN ITS ENTIRETY/ and inserting:
/72.45. (GP: SCRS Retirees Salary Limit) Notwithstanding any other provision of law, a retired member of the System may return to employment covered by the System and earn up to fifteen sixteen thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen sixteen thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530./
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Rep. McLEOD explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 14.
Rep. KIRSH proposed the following Amendment No. 168 (Doc Name P:\AMEND\003\dpscar.003), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 512, paragraph 80, line 20-22, by striking /Arts Commission for the Columbia Museum of Art/ and inserting /Department of Public Safety for the purchase of automobiles for the Highway Patrol/
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Rep. KIRSH explained the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. QUINN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 27.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 168 was tabled.
Rep. HARRELL moved to table the motion, which was agreed to by a division vote of 62 to 22.
Rep. STILLE proposed the following Amendment No.160 (Doc Name P:\AMEND\002\School Op.002), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 15, by adding an appropriately numbered paragraph to read:
/Notwithstanding the provisions of 12-37-251, the State Property Tax Relief Fund, beginning July 1, 1998, the maximum amount of General Funds appropriated for the property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995 shall be $227,850,155. Any further appropriated in excess of this amount during the current fiscal year shall be transferred to the State Department of Education for the purchase of school buses./
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Rep. STILLE explained the amendment.
Rep. STILLE continued speaking.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Reps. HASKINS, KOON, HAMILTON, JORDAN, DAVENPORT, TRIPP, COOPER, LOFTIS, R. SMITH, LEACH, CAMPSEN, ALTMAN, VAUGHN, CATO and MASON proposed the following Amendment No. 150 (Doc Name P:\AMEND\007\Stateab3.007).
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/(a) notwithstanding any other provision of law, no state funds shall be used to pay for an abortion either directly or indirectly. No state funds shall be expended, either directly or indirectly, to any institution, agency or organization that provides, performs or promotes abortion.
(B) this section does not apply to an institution, agency or organization if the only abortions performed are necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for the purpose; or to the extent necessary to meet requirements for Federal Financial Participation (FFP)."/
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Rep. HASKINS explained the amendment.
Rep. FELDER spoke upon the amendment.
Rep. FELDER moved to adjourn debate upon the amendment.
Rep. SIMRILL moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 73 to 20.
Rep. G. BROWN proposed the following Amendment No. 91 (Doc Name P:\AMEND\005\ELEC003.005), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/A state agency's primary telephone number shall not be answered by any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the agency's normal business hours./
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Rep. G. BROWN explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 91 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 92 (Doc Name P:\AMEND\005\ELEC002.005), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/No state agency shall utilize any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m, Monday through Friday./
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Rep. G. BROWN explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 92 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KNOTTS proposed the following Amendment No. 184 (Doc Name P:\AMEND\JIC\5300HTC.98), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, by adding an appropriately numbered paragraph at the end to read:
/72.__ (GP: Video Poker Revenues) Notwithstanding any other provision of law, for the current fiscal year license tax revenues on video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code, not including the revenues of prorated licenses, must be credited to a separate account in the State Treasury which is designated for the use of the State Ports Authority for its harbor dredging project./
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Rep. KNOTTS explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. ALTMAN proposed the following Amendment No. 83 (Doc Name P:\AMEND\DKA\4832MM2.98), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 72 - BUDGET AND CONTROL BOARD, BUDGET AND ANALYSES, page 515, line 16, by adding an appropriately numbered paragraph:
/Nothing in this paragraph may be construed to allow an agency, department, institution, activity, program, item, special appropriation, or allocation which is funded by this general appropriation bill or special act hereafter to use race, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in its operation or utilization of those funds, and any provisions of this bill inconsistent with this section are void or repealed. Any survey by the State Budget and Control Board of the progress of the collection of revenue and expenditure of funds pursuant to this paragraph must include a verification that state-appropriated funds are not being used to discriminate or grant preferential treatment based on any of these criteria./
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Rep. HARRELL explained the amendment and moved to table the amendment, which was agreed to.
Reps. HASKINS, KOON, HAMILTON, JORDAN, DAVENPORT, TRIPP, COOPER, LOFTIS, R. SMITH, LEACH, CAMPSEN, ALTMAN, VAUGHN, CATO and MASON proposed the following Amendment No. 150 (Doc Name P:\AMEND\007\Stateab3.007), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/(a) notwithstanding any other provision of law, no state funds shall be used to pay for an abortion either directly or indirectly. No state funds shall be expended, either directly or indirectly, to any institution, agency or organization that provides, performs or promotes abortion.
(B) this section does not apply to an institution, agency or organization if the only abortions performed are necessary to save the life of a mother whose life is endangered by a physical disorder, a physical illness, or a physical injury if no other medical procedure would suffice for the purpose; or to the extent necessary to meet requirements for Federal Financial Participation (FFP)."/
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Rep. HASKINS explained the amendment.
Rep. LANFORD spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. LANFORD spoke upon the amendment.
The question then recurred to the adoption of the amendment.
Rep. LOFTIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Bauer Beck Boan Brown, G. Brown, H. Brown, T. Campsen Carnell Cato Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McAbee McCraw McGee McKay McMaster Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Battle Baxley Bowers Breeland Brown, J. Byrd Cave Chellis Clyburn Cobb-Hunter Cromer Felder Gourdine Hines, J. Howard Jennings Kennedy Kinon Kirsh Lloyd Mack Martin McLeod Miller Moody-Lawrence Mullen Neal Rodgers Scott Seithel Smith, F. Smith, J. Spearman Stuart Whipper Wilkes
So, the amendment was adopted.
Rep. McLEOD proposed the following Amendment No. 85 (Doc Name P:\AMEND\002\72P44MCL.002), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 506, paragraph 44, line 5-11, by striking / The proviso in its entirety/ and inserting:
/72.44. (GP: PORS Retirees Salary Limit) Notwithstanding the provisions of subsections (1) and (2) of Section 9-11-90, a retired member of the System may return to employment covered by the System and earn up to fifteen sixteen thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the System. If the retired member continues in service after having earned fifteen sixteen thousand dollars in a fiscal year, his retirement allowance must be discontinued during the period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. The provisions of this section do not apply to an employee or member of the System who has retired mandatorily because of age pursuant to Section 9-1-1530. The provisions of this paragraph do not apply to any member of the System who has retired and is employed full-time by a public school district in South Carolina./
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Rep. McLEOD explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. KELLEY raised a Point of Order that Section 72.88, page 513 (video poker provision) was out of order in that it was a temporary provision that would be valid for only 1 month and should not be permitted because it amended permanent criminal laws.
Rep HASKINS stated that to make a permanent change in the state code in the temporary section, would violate precedent. He stated further that there would be no purpose for having a temporary section and a permanent section in the budget, unless permanent changes in the code are to be included in the permanent section. He stated that temporary changes should not be made in the code.
Rep. ROBINSON stated that regardless of whether it is Part 1B or Part 2, provisions are permanent changes in the law and although Part 1B are valid for only 1 year, that does not preclude them from being included in Part 1B, because it is still a change in the law.
SPEAKER WILKINS stated that he agreed that it seemed illogical and unusual to put a criminal provision in Part 1 B of the budget. He stated further that such action was not prohibited by a statute, rule or the Constitution. He stated that it was not uncommon for the House to insert a temporary Part 1 B provision that would override permanent law for that year on a particular item. He stated that in May 1988 and May 1993, SPEAKER SHEHEEN ruled that the Speaker could not rule on substantive constitutional provisions, only procedural provisions.
Rep. KELLEY questioned if the House were going to set a precedent in this instance. He stated that there would be no concern if the proviso were adopted in Part 2.
SPEAKER WILKINS stated that he would take the Point of Order under advisement and give a ruling shortly.
Rep. G. BROWN proposed the following Amendment No. 200 (Doc Name P:\AMEND\005\ELEC006.005), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 515, line 16, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to state agencies, state agencies shall not utilize any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m, Monday through Friday./
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Rep. G. BROWN explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. TRIPP spoke in favor of the amendment.
The amendment was then adopted.
The SPEAKER Pro Tempore granted Rep. CANTY a leave of absence.
SPEAKER WILKINS stated that it was common practice to insert temporary provisions that override permanent law. He stated further that his concern was the insertion of a criminal aspect of the provision. He stated that he found no instance where criminal law was amended in temporary provisions and no precedent, statute or constitutional provision served as a guide for making a ruling. He further stated that he sustained the Point of Order and based his ruling not on the fact that the House was changing permanent law by temporary provision, but on the fact that the House was imposing criminal sanctions in temporary provisions. The SPEAKER then stated that the section was out of order and ordered the section stricken from the Bill.
Rep. H. BROWN moved to adjourn debate upon the section.
Rep. KNOTTS moved to table the motion, which was not agreed to by a division vote of 11 to 52.
The question then recurred to the motion to adjourn debate, which was agreed to.
Debate was resumed on Section 63C.
Rep. MARTIN proposed the following Amendment No. 190 (Doc Name P:\AMEND\003\baspay.003), which was tabled.
Amend the bill, as and if amended, Part IB, Section 63C, Budget & Control Board-Division of Budget & Analyses, page 483, paragraph 12, by adding after line 12 to read: /with respect to classified employees, effective on the first pay date that occurs on or after july 1 of the current fiscal year, the compensation of all classified employees shall be increased by 3% if the employee meets the criteria for the prescribed merit pay plan. The 3% base pay increase shall only be administered to employees receiving a "meets performance requirements" rating on their most recent appraisal. Employees receiving an "exceeds performance requirements" or a "substantially exceeds performance requirements" rating on their most recent appraisal may be awarded a larger increase, not to exceed the maximum of the pay band. The amount of the increase to be received by employees with an "exceeds" or "substantially exceeds" performance rating shall be based on a plan developed by the agency and funding for a pay increase in excess of 3% shall come from an agency's existing budget. Employees receiving a "below performance requirements" rating shall not receive an increase and shall be subject to removal from the position in accordance with the substandard performance process of the Employee Performance Management System./
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Rep. MARTIN explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.
Section 63C was adopted.
Debate was resumed on Section 72.
Rep. DAVENPORT proposed the following Amendment No. 208 (Doc Name P:\AMEND\002\DSSSTUDY.002), which was adopted.
Amend the bill, as and if amended, Part I, Section 72, General and Temporary, page 515, line 16, by inserting:
/There is created a study committee to review the role, duties, and responsibilities of the county directors of Social Services and ascertain whether they are effective in carrying out their responsibilities under the law and as directed by the state director of the department.
The committee is composed of eleven members. The Speaker of the House of Representatives shall appoint three members of the House and two members from the public; the President of the Senate shall appoint three members of the Senate and two members of the public; and the Governor shall appoint one member. The members shall elect a chairman from among their members.
The committee shall submit a report on its findings and recommendations to the General Assembly and Governor before January 1, 1999, at which time the committee is abolished./
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Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.
Section 1 was adopted.
Reps. SCOTT and KNOTTS proposed the following Amendment No. 137 (Doc Name P:\AMEND\DKA\4841MM.98), which was tabled.
Amend the bill, as and if amended, Part II, beginning on page 516, by striking SECTION 2 in its entirety and inserting:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO REQUIRE THAT THE REVENUE FROM REGULAR LICENSE FEES ON VIDEO POKER GAMING DEVICES BE USED FOR MOTOR VEHICLE PROPERTY TAX RELIEF.
A. Section 12-21-2720 of the 1976 Code, as last amended by Section 54C, Part II, Act 155 of 1997, is further amended by adding at the end:
"(G) All the revenue raised by the State as a result of the license fee imposed by subsection (A)(3), except as provided by subsection (F), must be reimbursed to the counties where the licensed machines are located for use by the counties for motor vehicle property tax relief."
B. This section takes effect July 1, 1998./
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Rep. SCOTT explained the amendment.
Rep. H. BROWN spoke against the amendment.
Reps. SCOTT and KNOTTS spoke in favor of the amendment.
Rep. H. BROWN 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 Barfield Barrett Battle Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Cromer Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Haskins Hawkins Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Miller Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Bauer Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Dantzler Gourdine Hines, J. Howard Inabinett Knotts Lloyd Mack Scott Seithel Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. KNOTTS proposed the following Amendment No. 110 (Doc Name P:\AMEND\DKA\4836MM.98), which was tabled.
Amend the bill, as and if amended, Part II, beginning on page 516, by striking SECTION 2 and inserting:
TO AMEND SECTION 12-21-2783, OF THE 1976 CODE, RELATING TO MODEM REQUIREMENTS FOR LICENSED VIDEO GAME MACHINES, SO AS TO REQUIRE FUNDING THE MODEM REQUIREMENT OF THIS SECTION WITH PRESENTLY EXISTING FUNDS.
Section 12-21-2783 of the 1976 Code, as added by Section 54H, Part II, Act 155 of 1997, is amended by adding at the end:
"(C) Funding for implementation of this section must be made available with presently existing funds or revenue sources so that compliance with the modem requirement may be met no later than December 31, 1998."/
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Rep. KNOTTS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 114 (Doc Name P:\AMEND\BBM\9735JM.98), which was tabled.
Amend the bill, as and if amended, PART II, beginning on page 516, by striking SECTION 2 in its entirety and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2751 SO AS TO REQUIRE CERTAIN COIN-OPERATED OR SLOT MACHINES TO PAY OUT, AT A MINIMUM, EIGHTY-FIVE PERCENT OF THE AMOUNT BET OR DEPOSITED IN EACH SUCH MACHINE DURING EVERY TWENTY-FOUR-HOUR PERIOD, AND TO PROVIDE FOR AN ADMINISTRATIVE FINE AND THE SURRENDER AND DESTRUCTION OF SUCH MACHINES UNDER CERTAIN CIRCUMSTANCES.
A. The 1976 Code is amended by adding:
"Section 12-21-2751. (A) Every video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 shall pay out, at a minimum, eighty-five percent of the amount bet or deposited in that machine during each twenty-four-hour period, beginning at one second past twelve o'clock noon and ending at the following twelve o'clock noon.
(B) The owner or operator of a machine as described in subsection (A) which fails to meet the payout requirement of that subsection is subject to an administrative fine of two thousand five hundred dollars for each instance of failure to comply. The fine is payable to the South Carolina Department of Revenue. The owner or operator also shall surrender the noncomplying machine to the department's agents who shall destroy the machine upon taking possession of it."
B. This section takes effect October 1, 1998./
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Rep. KNOTTS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 185 (Doc Name P:\AMEND\JIC\5301HTC.98), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, beginning on page 516, by striking Section 2 in its entirety.
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Rep. KNOTTS explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. KNOTTS proposed the following Amendment No. 115 (Doc Name P:\AMEND\PSD\7246AC.98), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 2C. by deleting item (3) beginning on page 517, line 30 through 518, line 3 and inserting:
/(3) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate.
All license fees imposed in subsection (A) must be returned to the county from which the fees were collected for property tax relief after funds have been credited to the State Law Enforcement Division for the cost of employing 15 agents who must be assigned exclusively to the enforcement of this article."/
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Rep. KNOTTS explained the amendment.
The SPEAKER granted Rep. RHOAD a leave of absence.
Rep. KNOTTS continued speaking.
Rep. H. BROWN moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Battle Baxley Beck Boan Bowers Brown, H. Campsen Carnell Cato Cooper Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harris Haskins Hawkins Jennings Kinon Kirsh Klauber Koon Lanford Leach Littlejohn Loftis Martin Mason McCraw McGee McKay McMahand Meacham Miller Neilson Phillips Rice Riser Robinson Rodgers Sandifer Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Bauer Breeland Brown, G. Brown, J. Byrd Cave Chellis Cobb-Hunter Dantzler Felder Harrell Hinson Howard Inabinett Kennedy Knotts Law Lloyd Mack McLeod Moody-Lawrence Scott Seithel Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. KNOTTS and SCOTT proposed the following Amendment No. 192 (Doc Name P:\AMEND\DKA\4842MM.98), which was tabled.
Amend the bill, as and if amended, Part II, beginning on page 516, by striking SECTION 2 in its entirety and inserting:
TO AMEND ARTICLE 20, CHAPTER 21, TITLE 12 OF THE 1976 CODE, RELATING TO VIDEO GAME MACHINES ACT, BY ADDING SECTION 12-21-2800 SO AS TO CREATE A VIDEO POKER GAMING COMMISSION, BY AMENDING SECTIONS 12-21-2720, AS AMENDED, 12-21-2776, AS AMENDED, 12-21-2783, 12-21-2780, 12-21-2728, AS AMENDED, ALL RELATING TO THE OPERATION OF VIDEO POKER GAMING DEVICES, SO AS TO CREATE A SEPARATE AND DISTINCT FUND OF REVENUES COLLECTED FROM REGULAR LICENSE FEES ON VIDEO POKER GAMING DEVICES TO BE USED FOR SPECIFIC PURPOSES AS PROVIDED BY THE GENERAL ASSEMBLY, INCLUDING BUT NOT LIMITED TO ADMINISTRATION OF REPORTING AND BACKGROUND CHECK REQUIREMENTS, FUNDING MODEM REQUIREMENTS, AND A STATEWIDE REFERENDUM, AND BY ADDING SECTIONS 12-21-2751 AND 12-21-2751 SO AS TO PROVIDE FOR AN EIGHTY-FIVE PERCENT PAYOUT BY VIDEO POKER MACHINES AND FOR FIFTEEN NEW SLED OFFICERS FOR ENFORCEMENT.
A. Section 12-21-2720 of the 1976 Code, as last amended by Section 54C, Part II, Act 155 of 1997, is further amended by adding at the end:
"(G) All the revenue raised by the State as a result of the license fee imposed by subsection (A)(3), not to include prorated fees and except as provided by subsection (F), must be used for the following purposes:
(1) the creation of Video Gaming Commission;
(2) administration of reporting requirements;
(3) funding the modem requirement as provided in Section 12-21-2783(C);
(4) funding a referendum on the banning of video poker payouts;
(5) requiring an eighty-five percent payout of video poker machines;
(6) requiring background checks of owners/operators;
(7) funding fifteen new SLED agents for enforcement; and
(8) as otherwise provided by the General Assembly by law.
B. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2800. (A) The South Carolina Video Gaming Commission is created. The commission consists of five members appointed by the Governor with the advice and consent of the Senate, one of whom must be designated by the Governor as chairman. Of those initially appointed, the Governor must designate one to serve for a term of one year, one to serve for a term of two years, one to serve for a term of three years, and two to serve for a term of four years. After the initial appointments, members shall serve for terms of four years. All members serve until their successors are appointed and qualified. A member may not serve more than two full terms. A term ends on July 1 of the term's final year. The Governor may remove a member only for cause. Vacancies on the commission must be filled in the same manner as the original appointment for the unexpired term.
(B)(1) Each member must have a reasonable knowledge of the practice, procedure, and principles of video gaming operations. At least one member must be experienced in law enforcement and criminal investigation, at least one member must be a certified public accountant experienced in accounting and auditing, and at least one member must be a lawyer licensed to practice law in South Carolina.
(2) A person may not be appointed a member of the commission or continue to be a member of the commission if that person:
(a) or his spouse, child, or parent is employed by a member of the board of directors of or financially interested in any video gaming operation subject to the jurisdiction of this commission;
(b) is not of good moral character; or
(c) has been convicted of, or is under indictment for, a felony under the laws of South Carolina, another state, or the United States.
(C) Members of the commission shall receive the mileage and subsistence authorized by law for members of state boards, commissions, and committees. Members shall receive a reasonable salary.
(D) Before entering upon the discharge of the duties of the office, each commission member shall take the oath of office for public officials found in the Constitution and must give bond to the State of South Carolina in the sum of twenty-five thousand dollars. The cost of the bond must be paid by the commission from funds available to the commission.
(E) The commission has all powers necessary and proper to execute fully and effectively the provisions of this chapter, including the power to:
(1) enter into agreements with any department, agency, or instrumentality of the United States or this State for the purpose of regulating and controlling video gaming facilities and enforcing the provisions of this chapter;
(2) establish, revise, and collect fees and charges in connection with a commission activity and to dispose of revenue collected pursuant to this chapter in accordance with the provisions of this chapter;
(3) investigate and determine the eligibility of applicants for licenses and grant licenses authorized by this chapter;
(4) exercise jurisdiction over and supervise all video gaming facilities, games, and all persons at video gaming facilities where video gaming operations are conducted;
(5) promulgate regulations, in accordance with the Administrative Procedures Act, for the purpose of implementing and administering the provisions of this chapter and prescribe regulations and conditions under which all video gaming in this State must be conducted.
(6) inspect and investigate video gaming facilities by entering the offices, facilities, or other places of business of a licensee, receive complaints from the public, and otherwise investigate the conduct of the games and the maintenance of video gaming machines;
(7) review licenses issued under the provisions of this chapter and investigate alleged violations of this chapter or the regulations of the commission, and take appropriate disciplinary action against a licensee, including the imposition of penalties for a violation or the institution of legal action for enforcement;
(8) adopt standards for the licensing of all video gaming facilities and their owners, manufacturers, distributors, and suppliers of video gaming devices;
(9) adopt standards and conditions for the conduct of the licensed activity;
(10) prescribe the manner that the records, including financial or other statements, of a licensee must be kept;
(11) require a person involved in the ownership or management of a video gaming facility to submit financial statements of the facility, including balance sheets and income statements, listings of the stockholders or other persons having a beneficial interest in the activities of each licensee, and other information necessary effectively to administer and enforce the provisions of this chapter and the regulations, orders, and final decisions of the commission;
(12) issue, suspend, condition, or revoke a license authorized by this chapter, including renewal licenses, in a manner the commission may see fit so long as its actions comply with the provisions of this chapter relating to administrative procedures; and
(13) take other reasonable or appropriate action to enforce this chapter and the commission's regulations."
C. Section 12-21-2776 of the 1976 Code, as last amended by Section 54F, Part II, Act 155 of 1997, is further amended by adding at the end:
"(C) Any owner of ten percent or more in a video gaming machine or an establishment licensed to operate video gaming machines must report to the Department of Revenue the information required in subsection (B) at the times required by subsection (B)."
D. Section 12-21-2783 of the 1976 Code, as added by Section 54H, Part II, Act 155 of 1997, is amended by adding at the end:
"(C) Funding for implementation of this section must be made available with presently existing funds or revenue sources so that compliance with the modem requirement may be met no later than December 31, 1998."
E. (A) A referendum must be held at a special election on April 6, 1999 to ascertain the wishes of the qualified electors of this State as to whether to allow video poker payoffs in this State. The South Carolina Election Commission shall place the question contained in Section 2 on the special election ballot. The commission shall pay for the costs of the special election with video poker license fees collected in the 1997-98 licensing period and appropriated to the commission for that purpose. The state election laws shall apply to this referendum, mutatis mutandis. The State Board of Canvassers shall certify the results of the referendum to the Governor, the Speaker of the House of Representatives, and the President of the Senate.
(B) The question put before the qualified electors at the April 6, 1999, referendum must read as follows:
"Do you favor allowing cash payouts in this State for credits won on video poker machines?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
(C) If the referendum fails:
(1) Cash payouts are unlawful after May 30, 1999.
(2) The operation or possession of a machine required to be licensed pursuant to Section 12-21-2720(A)(3) is unlawful after May 30, 1999, for any purpose other than storage, maintenance, or transportation. A violation of this subsection subjects the violator to a civil penalty, not to exceed five thousand dollars a day for each unlawful operation or possession, and an injunction of the unlawful operation or possession.
(3) The Department of Revenue shall refund, upon application, a prorated portion of the biennial license fee paid for any machine licensed pursuant to Section 12-21-2720(A)(3).
F. The 1976 Code is amended by adding:
"Section 12-21-2751. (A) Every video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 shall pay out, at a minimum, eighty-five percent of the amount bet or deposited in that machine during each twenty-four-hour period, beginning at one second past twelve o'clock noon and ending at the following twelve o'clock noon.
(B) The owner or operator of a machine as described in subsection (A) which fails to meet the payout requirement of that subsection is subject to an administrative fine of two thousand five hundred dollars for each instance of failure to comply. The fine is payable to the South Carolina Department of Revenue. The owner or operator also shall surrender the noncomplying machine to the department's agents who shall destroy the machine upon taking possession of it."
G. The 1976 Code is amended by adding:
"Section 12-21-2752. Notwithstanding another provision of law, a video poker machine operator must successfully pass a State Law Enforcement Division criminal background check before the Department of Revenue issues him an operator's license."
H. Section 12-21-2720(E) and (F) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate.
All license fees imposed in subsection (A) must be returned to the county from which the fees were collected for property tax relief after funds have been credited to the State Law Enforcement Division for the cost of employing 15 agents who must be assigned exclusively to the enforcement of this article."
I. This section takes effect July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Baxley Beck Boan Brown, H. Campsen Carnell Cato Clyburn Cooper Cotty Cromer Davenport Delleney Easterday Edge Felder Gamble Hamilton Harris Haskins Hawkins Hines, J. Jennings Jordan Kinon Kirsh Klauber Koon Lanford Leach Littlejohn Loftis Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Neilson Phillips Quinn Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Bauer Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Chellis Cobb-Hunter Dantzler Harrell Hinson Howard Inabinett Keegan Kennedy Knotts Law Lloyd Mack Miller Moody-Lawrence Scott Seithel Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 129 (Doc Name P:\AMEND\PT\1769JM.98), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 2, Page 519, by striking lines 10 through 12 and inserting:
/H. (A) Of the funds appropriated to the Employment Security Commission under the Unemployment Insurance Program for other operating expenses, the commission shall provide assistance to employees of owners or operators of any coin-operated devices who lose their jobs as a result of the loss of revenue caused by this act. Assistance provided shall include individualized re-employment services such as job counseling, job search, and placement of those who have transferable job skills. For those who do not have transferable job skills, occupational training must be made available at no cost to the individuals.
(B) This subsection takes effect upon approval by the Governor.
I. Sections 12-21-2703 and 16-19-60 and article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
J. Except as otherwise provided in this section, this section takes effect June 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Section 2 as amended was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 8 was adopted.
Rep. KIRSH proposed the following Amendment No. 74 (Doc Name P:\AMEND\BBM\9726HTC.98), which was tabled.
Amend the bill, as and if amended, PART II, beginning on page 534, by striking SECTION 9 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. SHEHEEN raised a Point of Order that Section 9 was not germane to the Bill under Rule 5.3B and should not be included in Part II of the Appropriations Bill in that no provision shall be put in a permanent part of the Appropriations Bill unless it relates directly to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill.
Rep. BOAN stated that monies which fell into the auxillary category such as housing and tuition were included in other funds in Part I of the Bill. He stated further that the section allowed higher education institutions to earn a higher interest rate through investing thereby increasing their revenues.
Rep. SHEHEEN stated that auxillary revenue meant athletic revenues and funds derived from book store licensing, vending, consessions and food service operations which are not dealt with in the Appropriations Bill.
Rep. HASKINS stated that the rule did not require that a Part II provision only affect a line item with specifically state general funds in it. He stated further that the House was appropriating under total funds for those items. He stated that the rule did not require that a Part II provision specifically had to apply to a line item and then only to State funds as opposed to total funds.
SPEAKER WILKINS stated that the germaneness test was satisfactorily met by the line item in Part I and therefore overruled the Point of Order.
Rep. BOAN spoke against the amendment.
Rep. McABEE moved to table the amendment, which was agreed to.
Section 9 was adopted.
Section 10 was adopted.
Rep. SHEHEEN raised a Point of Order that Section 11 was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. BOAN explained the section.
Section 12 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Rep. BOAN proposed the following Amendment No. 202 (Doc Name P:\AMEND\PSD\7262MM.98), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 18, page 547, delete line 34; page 548, delete lines 1-3; page 548, line 5, delete /B./ and insert /A./; and at line 13, delete /C./ and insert /B./.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 18 as amended was adopted.
Rep. SHEHEEN raised a Point of Order that Section 19 was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ordered the section stricken from the Bill.
Rep. QUINN explained the section.
Rep. ALTMAN spoke against the section.
Rep. MOODY-LAWRENCE moved to table the section.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Battle Baxley Bowers Breeland Brown, G. Byrd Cave Clyburn Cotty Dantzler Delleney Gamble Govan Harris Harvin Hines, J. Hinson Inabinett Jennings Kennedy Lloyd Mack Maddox McCraw McMahand Moody-Lawrence Neal Phillips Sheheen Smith, F. Stuart Woodrum Young
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Boan Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Cooper Cromer Davenport Easterday Edge Felder Fleming Hamilton Harrell Harrison Haskins Hawkins Howard Jordan Keegan Kelley Kinon Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Martin Mason McGee McKay McLeod McMaster Meacham Miller Neilson Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Young-Brickell
So, the House refused to table the section.
The question then recurred to the adoption of the section.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Section 24 was adopted.
Section 25 was adopted.
Rep. VAUGHN proposed the following Amendment No. 107 (Doc Name P:\AMEND\PT\1765HTC.98), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 26, beginning on page 553, by striking subsection B.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN spoke against the section.
Rep. CARNELL spoke in favor of the section.
Rep. SHEHEEN spoke against the section and moved to table the section, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 213 (Doc Name P:\AMEND\DKA\4847MM.98), which was ruled out of order.
Amend the bill, as and if amended, PART II, SECTION 27, page 554, Section A, line 21, by deleting /two years/ and inserting / two years one year / and line 30, by deleting /performed subsequent to December 31, 1975, may not be/ and inserting / performed subsequent to December 31, 1975, may not be is /, and line 32, by deleting both the employer and employee required contributions/ and inserting / the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year. /
Amend further, Section B, page 555, line 11, by deleting /two years/ and inserting / two years one year / and beginning at line 21, by deleting / both the employer and employee required contributions / and inserting /the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation for each year of service credited. /
Amend further, Section C, page 555, line 27, by striking /two years/ and inserting / two years one year /, page 556, line 1, by striking /performed subsequent to December 31, 1975, may not be/ and inserting / performed subsequent to December 31, 1975, may not be is/, and line 3, by striking /both the employer and employee required contributions/ and inserting / the actuarial cost as determined by the board, but the payment may not be less than twelve percent of the member's earnable compensation, or the average of the three highest consecutive fiscal years of compensation at the time of payment, whichever is greater, for each year of service prorated for periods of less than one year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. KLAUBER spoke in favor of the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 213 was out of order in that it did not relate directly to a line item in Part I of the Bill.
Rep. KLAUBER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH proposed the following Amendment No. 79 (Doc Name P:\AMEND\BBM\9731HTC.98), which was adopted.
Amend the bill, as and if amended, PART II, beginning on page 554, by striking SECTION 27 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
I abstained from voting on Section 27 of Part II of the Budget Bill H. 4700 because as a military veteran still serving in S.C. National Guard with over 30 years of service, the terms and provisions of same could affect me and if approved in the final version of the budget as proposed might result in my having new or increased options with regard to retirement benefits.
Respectfully,
Rep. BILL COTTY
House District 79
Section 28 was adopted.
Rep. ROBINSON explained the section.
Rep. H. BROWN spoke in favor of the section.
Section 29 was adopted.
Rep. H. BROWN moved to reconsider the vote whereby H. 4702 was set for Special Order immediately after third reading of H. 4700, which was agreed to.
Rep. H. BROWN moved that H. 4702, the Capital Reserve Fund for fiscal year 97-98, be set for Special Order immediately after second reading of H. 4700, and continue each day thereafter until given a second reading, which was adopted.
Rep. G. BROWN moved that the House do now adjourn, which was adopted.
Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 27, 51, 56A, 56B, 56C, 56D, 63B, 63D. Part IB, Sections IA, 13, 42, 51, 56DD, 63A, 63C, 63D, 63F, 64. Part II, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, 20, 21, 22, 23, 24, 25, 28 and 29 were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to Part II.
The Senate returned to the House with concurrence the following:
H. 4711 -- Reps. Hawkins and Lee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF ESSIE LOUVENIA CUNNINGHAM OF SPARTANBURG AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.
H. 4712 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. PERRY PALMER FOR HIS DISTINGUISHED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF RECEIVING THE "HUMANITARIAN OF THE YEAR" AWARD ON JANUARY 14, 1998.
H. 4713 -- Reps. Byrd, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS SORROW AT THE DEATH OF DR. AUGUSTA BAKER ALEXANDER OF COLUMBIA AND TO EXTEND SYMPATHY TO HER FAMILY AND FRIENDS.
H. 4731 -- Rep. Wilkins: A CONCURRENT RESOLUTION TO EXTEND A WARM WELCOME AND OUR BEST WISHES FOR A SUCCESSFUL VISIT TO OUR FRIENDS FROM FRANCE PARTICIPATING IN THE STUDENT EXCHANGE PROGRAM WITH J. L. MANN HIGH SCHOOL.
H. 4732 -- Rep. Battle: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND C. R. JOHNSON OF MARION COUNTY AND THE CONGREGATION OF THE FIRST FRIENDSHIP BAPTIST CHURCH FOR THEIR OUTSTANDING OUTREACH PROGRAM AND THE MANY CONTRIBUTIONS THEY HAVE MADE TO THE QUALITY OF LIFE OF THE RESIDENTS OF NICHOLS, SOUTH CAROLINA.
H. 4733 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING HAL HUNT JONES OF GREENVILLE COUNTY ON BEING CHOSEN TO RECEIVE THE 1998 FOOD INDUSTRY ASSOCIATION OF SOUTH CAROLINA LIFETIME ACHIEVEMENT AWARD.
H. 4730 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING JOHN FRANKLIN, JR., OF LEE COUNTY ON HIS EIGHTY-FIRST BIRTHDAY, AND EXTENDING HIM BEST WISHES FOR MANY HAPPY RETURNS OF THE DAY.
At 7:15 P.M. the House in accordance with the motion of Rep. HARVIN adjourned in memory of Vernon O'Neil Moore of Lake City, father-in-law of Representative ASKINS, to meet at 9:30 A.M. tomorrow.
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