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, the Refuge and Strength of people of every age, come anew to us as we bow humbly in Your presence. Help us to realize our dependence upon You. Make us to know that with Your help we are equal to every experience and ready for every responsibility. We do not ask for easy tasks, but for ability to do them, easy or hard; we do not pray for light burdens, but for strength to carry them, light or heavy; we do not pray for work we like, but for the ability to like what we do.
So our prayer is simple. Give us strength and wisdom for the work of this day. 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. R. SMITH moved that when the House adjourns, it adjourn in memory of Jason Finley Limehouse and Joshua Eric Loveday of Beech Island, which was agreed to.
The following was received.
Columbia, S.C., March 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 972:
S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following were received and referred to the appropriate committees for consideration.
Document No. 2275
Promulgated By Department of Labor, Licensing and Regulation - Real Estate Commission
Statutory Authority: 1976 Code Section 40-57-50
Chapter Revision
Received By Speaker March 4, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date July 2, 1998
(Subject to Sine Die Revision)
Document No. 2265
Promulgated By Department of Labor, Licensing and Regulation - Office of State Fire Marshal
Statutory Authority: 1976 Code Section 23-9-60
Fire Prevention and Life Safety - Buildings
Received By Speaker March 4, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date July 2, 1998
(Subject to Sine Die Revision)
The following was introduced:
H. 4763 -- Reps. Harvin, Kennedy, J. Hines, M. Hines, McGee, McKay and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE VERNON ONEIL MOORE OF FLORENCE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4764 -- Reps. Keegan and Kelley: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES, THE PRIME MINISTER OF THE UNITED KINGDOM, AND THE PRIME MINISTER OF THE REPUBLIC OF IRELAND TO ENCOURAGE THE COMING TOGETHER OF THE PEOPLE OF IRELAND, THE PROMOTION OF THE END OF PARTITION, AND THE END OF EMERGENCY LEGISLATION AND RELIGIOUS DISCRIMINATION.
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4765 -- Rep. Bailey: A BILL TO AMEND SECTION 23-11-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS AND ELECTIONS FOR THE OFFICE OF SHERIFF, SO AS TO ALLOW SERVICE FOR AT LEAST TEN CONSECUTIVE YEARS AS A STATE CONSTABLE TO SUBSTITUTE FOR EDUCATIONAL REQUIREMENTS OR SUMMARY COURT JUDGE EXPERIENCE OTHERWISE REQUIRED TO SERVE AS SHERIFF.
Referred to Committee on Judiciary.
H. 4766 -- Reps. Cotty, Campsen, Mason, Altman, Rice, Hinson, R. Smith, Sandifer, Simrill, Rodgers, Quinn, McKay, Harrison, McCraw, Barrett, Littlejohn, Dantzler, Harrell, Young-Brickell, Stille, Robinson, Phillips, Koon, McGee, Limehouse, Whatley, Beck, McMaster, Walker, Hawkins, Tripp and Cato: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OF PAGING DEVICES BY PUBLIC SCHOOL STUDENTS AND THE FORFEITURE OF SUCH PAGING DEVICES AT THE SCHOOL DISTRICT WHERE THEY ARE CONFISCATED, SO AS TO AUTHORIZE EACH SCHOOL DISTRICT BOARD OF TRUSTEES TO TAKE CERTAIN ACTIONS IN REGARD TO THE DISPOSITION OF THESE PAGING DEVICES.
Referred to Committee on Education and Public Works.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
Referred to Committee on Judiciary.
H. 4768 -- Reps. Hinson, H. Brown, Law, Gourdine and Dantzler: A BILL TO REPEAL ACT 159 OF 1995, RELATING TO THE DEVOLUTION OF APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY AND PROVIDE THAT ALL APPOINTMENTS PREVIOUSLY MADE PURSUANT TO THE AUTHORITY CONFERRED PURSUANT TO THE PROVISIONS OF ACT 159 OF 1995 SHALL CONTINUE UNTIL THE EXPIRATION OF THE TERMS FOR WHICH THEY WERE APPOINTED OR A VACANCY OCCURS.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4769 -- Reps. Pinckney, J. Brown, Sandifer, Whipper, J. Hines, Cave, Robinson, J. Smith, Cobb-Hunter, McGee, Sheheen, Sharpe, Littlejohn, Breeland, Bailey, Clyburn, Whatley, Limehouse, F. Smith, Gourdine, Cotty, Mack, Mullen, Fleming, Lee, Rice, Kelley, Beck, McMahand, Kennedy, Govan, Quinn, Keegan, Scott, Stoddard, Hamilton, Haskins, McCraw, Phillips, Neal, Carnell, Harrell, Allison, Chellis, Law, Felder, McLeod, Stuart, H. Brown, Byrd, Bowers, Dantzler, Barrett, Tripp, Wilder, Moody-Lawrence, McKay, Harrell, Trotter, McMaster, Townsend, Stille, Bauer, Howard, Koon, Rodgers, Klauber, Meacham, Riser, Webb, Martin and Jordan: A BILL TO AMEND SECTION 6-1-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF REVENUE FROM LOCAL HOSPITALITY TAXES, SO AS TO ELIMINATE THE REQUIREMENT THAT NINE HUNDRED THOUSAND DOLLARS IN ACCOMMODATIONS TAXES MUST BE COLLECTED BEFORE POLICE AND FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND EMERGENCY PREPAREDNESS OPERATIONS MAY BE PROVIDED TO THOSE FACILITIES FOR WHICH PURPOSE THE HOSPITALITY TAX MUST BE USED.
Referred to Committee on Ways and Means.
H. 4770 -- Reps. Witherspoon, R. Smith, J. Hines, Mason, McLeod, Kelley, Miller, T. Brown, Keegan, Sheheen, Clyburn, Battle, Quinn, Davenport, Littlejohn, Walker, Edge, Harrison, Mack, Koon, Limehouse, Dantzler, Whatley and Riser: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
S. 979 -- Senators Martin and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1072, SO AS TO PROVIDE THAT ANY PHYSICIAN, NURSE, OR ANY OTHER MEDICAL OR EMERGENCY MEDICAL SERVICES PERSONNEL AND ANY EMPLOYEE OF A HOSPITAL, CLINIC, OR NURSING HOME WHO KNOWINGLY TREATS ANY PERSON SUFFERING FROM A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE OR RECEIVES A REQUEST FOR SUCH TREATMENT SHALL REPORT WITHIN A REASONABLE TIME THE EXISTENCE OF A GUNSHOT WOUND OR ANY OTHER WOUND INDICATING VIOLENCE TO THE SHERIFF'S DEPARTMENT OF THE COUNTY IN WHICH THE TREATMENT IS ADMINISTERED OR A REQUEST IS RECEIVED.
Referred to Committee on Judiciary.
S. 986 -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
Referred to Committee on Judiciary.
S. 1007 -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 5.
Robert E. Walker Wilbur L. Cave Tracy Edge Bill Cotty J. Gary Simrill George H. Bailey Ronald P. Townsend G. Ralph Davenport, Jr. Steve P. Lanford Converse A. Chellis III Grady A. Brown Joseph H. Neal Douglas Jennings, Jr. Alma W. Byrd William D. Witherspoon Daniel L. Tripp Harry R. Askins Ralph W. Canty Bessie Moody-Lawrence
STATEMENT FOR JOURNAL
I was meeting with Senators relating to constituent problems and was as a result 30 minutes late.
Rep. CONVERSE A. CHELLIS III
Announcement was made that Dr. William Brannon of Columbia is the Doctor of the Day for the General Assembly.
The following bill was taken up.
Rep. H. BROWN proposed the following Amendment No. 265 (Doc Name P:\AMEND\009\eqcfte2.009), which was adopted.
Amend the bill further, as and if amended, Part IA, Section 23, Clemson-PSA, page 193 By increasing the FTEs opposite /Total Authorized FTE Positions/ on line 34 by :
/Column 5 Column 6
(4.0) (4.0) /
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 266 (Doc Name P:\AMEND\003\32p10#2.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 32, ATTORNEY GENERAL'S OFFICE, page 448, paragraph 10, lines 7-8, by striking: / , except the Attorney General's Office may retain an amount not to exceed 4% of these securities fees to fund one-time operational expenses/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 267 (Doc Name P:\AMEND\PT\1764MM2.98), which was adopted.
Amend the bill, as and if amended, Part IB, Paragraph 35.1, Section 35-E23, lines 33 and 34, by deleting / 1992 1996 / and inserting / 1992/
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 268 (Doc Name P:\AMEND\003\CARSSS2.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 36, Dept. of Public Safety, page 451, paragraph 14, line 7-8, by striking /must/ and inserting /may/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 269 (Doc Name P:\AMEND\003\worcom2.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 44, State Accident Fund, page 457, paragraph 4, line 4 - 6, by inserting after / restructuring./: /in addition, from the funds in the workers' compensation trust fund, $678,390 shall be used to pay the state accident fund for buy out of workers' compensation claims for department of transportation employees that were transferred from the department of highways and public transportation to the department of public safety as a result of restructuring./
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 270 (Doc Name P:\AMEND\006\Reorg3.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 468, line 23, by adding an appropriately numbered paragraph to read:
/To provide the Legislature with the resources with which to focus on reviewing agencies, one half of all funds regardless of source, FTE positions, and assets of the State Reorganization Commission shall be transferred to the Senate and one half to the house of Representatives for this purpose. No employee of the State Reorganization Commission shall be terminated from State employment as a result of this transfer./
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 271 (Doc Name P:\AMEND\006\DHEC.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 9, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Page 427, Paragraph 36, line 7, by striking /State Reorganization Commission / and inserting / House of Representatives and the Senate/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 272 (Doc Name P:\AMEND\007\REORG4.007), which was adopted.
Amend the bill, as and if amended, Part IB, Section 9, DMH, page 429, paragraph 10.12, line 33, by striking: /THE STATE REORGANIZATION COMMISSION/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 273 (Doc Name P:\AMEND\007\REORG2.007), which was adopted.
Amend the bill, as and if amended, Part IB, Section 10, DMH, page 430, paragraph 10.14, line 4, by striking:/THE STATE REORGANIZATION COMMISSION/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 274 (Doc Name P:\AMEND\007\REORG5.007), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE, page 467, paragraph 54.39, line 17, by striking:/ENTIRE PROVISO/
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 275 (Doc Name P:\AMEND\006\AGING2.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, LEGISLATIVE DEPARTMENT page 468, paragraph 48, line 21 - 22, by striking /STATE REORGANIZATION COMMISSION/ and inserting /HOUSE OF REPRESENTATIVES/, and by striking /$5,000 / and inserting /$2,000 /
Renumber sections and amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 276 (Doc Name P:\AMEND\GJK\21314SD.98), which was adopted.
Amend the bill, as and if amended, in SECTION 24-25-35 of the 1976 Code, PART II, SECTION 20, line 27, page 549, by inserting after /reduction/ /and any reduction must come from outside of Palmetto Unified School District 1. Further, the Department of Corrections must not decrease the salaries for teachers in the Palmetto Unified School District 1/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The SPEAKER granted Rep. F. SMITH a leave of absence.
The following Joint Resolution was taken up.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Rep. KIRSH proposed the following Amendment No. 4 (Doc Name P:\AMEND\007\crfclemc.007), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 2, line 7, by striking item:
/ (17) CLEMSON - LITTLEJOHN COLISEUM $3,000,000/
and inserting item:
/ (17) department of education - purchase school buses $3,000,000/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. BOAN 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 73 to 16.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name P:\AMEND\007\crfuscar.007), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 2, line 10, by striking item:
/ (19) USC - ARENA $2,500,000/
and inserting item:
/ (19) department of education - purchase of school buses 2,500,000/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
Rep. LIMEHOUSE proposed the following Amendment No. 6 (Doc Name P:\AMEND\DKA\4845JM.98), which was tabled.
Amend the joint resolution, as and if amended, SECTION 1, item (18), by inserting immediately after line 9, page 2:
/Provided, that this Health and Physical Education Complex may be established by the university acting on its own or in joint venture with a political subdivision of this State; provided, further, that the complex may be located at any site other than the Gaillard Municipal Auditorium site in the City of Charleston./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. RODGERS proposed the following Amendment No. 10 (Doc Name P:\AMEND\002\crfwtrq2.002), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 1, line 40, item (10) DHEC: Water Quality Testing & Monitoring / by striking / 1,000,000 / and inserting / 2,000,000/
Amend the joint resolution further, Section 1, page 2, lines 39-40, by striking item / (31) Coordinating Council: Lake Marion Regional Water Agency 1,000,000/
Renumber sections and amend totals/title to conform.
Rep. RODGERS explained the amendment.
Rep. KOON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Breeland Carnell Cato Cave Clyburn Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Littlejohn Lloyd Mack Maddox McAbee McGee McLeod McMaster Meacham Moody-Lawrence Neilson Quinn Rhoad Riser Robinson Sandifer Scott Seithel Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Beck Bowers Brown, T. Cromer Davenport Delleney Hamilton Leach Limehouse Loftis Martin Mason McCraw Mullen Phillips Rice Rodgers Sharpe Sheheen Smith, F. Stoddard Vaughn Whatley
So, the amendment was tabled.
Rep. RHOAD proposed the following Amendment No. 11 (Doc Name P:\AMEND\009\over 1.009), which was rejected.
Amend the joint resolution, as and if amended, Section 1, page 1, lines 36-37, opposite /(8) COASTAL CAROLINA - HUMANITIES BUILDING COMPLETION/ by decreasing the amount by:/20,000/
Amend the joint resolution further, as and if amended, by adding a line immediately after line 5, Section 1, page 3/B&C Board - Division of Regional Development: Oversight requirement - Ehrhardt 20,000/
Renumber sections and amend totals/title to conform.
Rep. RHOAD explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. RHOAD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Boan Brown, H. Brown, J. Cato Chellis Cooper Cotty Cromer Easterday Edge Felder Gamble Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hinson Keegan Kelley Knotts Law Leach McGee McKay McMaster Mullen Neilson Quinn Riser Robinson Smith, R. Stuart Tripp Webb Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Askins Bailey Battle Baxley Beck Bowers Breeland Brown, T. Carnell Cave Clyburn Cobb-Hunter Dantzler Davenport Delleney Fleming Hamilton Hines, J. Hines, M. Howard Inabinett Jordan Kennedy Kirsh Klauber Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McAbee McCraw McLeod McMahand Meacham Moody-Lawrence Phillips Rhoad Rice Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Spearman Stoddard Trotter Vaughn Walker Whatley Wilder Wilkes
So, the House refused to table the amendment.
Reps. KELLEY, BOAN and KEEGAN spoke against the amendment.
Reps. BAILEY and BAXLEY spoke in favor of the amendment.
Reps. KELLEY and H. BROWN spoke against the amendment.
The amendment was then rejected.
Rep. KIRSH proposed the following Amendment No. 17 (Doc Name P:\AMEND\008\CRFDELK1.008), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 3, line 2, By striking the line in its entirety.
AND INSERTING ITEM:
/(19) DEPARTMENT OF EDUCATION - PURCHASE SCHOOL BUSES $2,000,000/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 20 (Doc Name P:\AMEND\008\CRFDELK2.008), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 3, line 3, By striking the line in its entirety.
AND INSERTING ITEM:
/ (19) DEPARTMENT OF EDUCATION - PURCHASE SCHOOL BUSES $1,000,000/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 22 (Doc Name P:\AMEND\008\CRFDELK3.008), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 3, line 5, By striking the line in its entirety.
AND INSERTING ITEM:
/(19) DEPARTMENT OF EDUCATION - PURCHASE SCHOOL BUSES $200,000/
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. KOON moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Bauer Boan Brown, G. Brown, J. Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Edge Felder Gamble Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Lee Limehouse Littlejohn McAbee McCraw McGee McKay Meacham Mullen Neal Neilson Phillips Quinn Rhoad Riser Robinson Sandifer Seithel Smith, F. Spearman Stuart Tripp Trotter Webb Whatley Wilder Wilkes Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Beck Bowers Brown, T. Easterday Fleming Hamilton Hines, M. Inabinett Kirsh Leach Loftis Maddox Mason McLeod McMaster Miller Moody-Lawrence Rice Rodgers Sheheen Simrill Smith, R. Stille Stoddard Whipper
So, the amendment was tabled.
Rep. ASKINS proposed the following Amendment No. 23 (Doc Name P:\AMEND\009\lakecit3.009), which was tabled.
Amend the joint resolution, as and if amended, Section 1, PRT, page 3, line 5, opposite /LEXINGTON EQUESTRIAN CENTER/ by decreasing the amount by:/ $25,000/
Amend the joint resolution further, as and if amended, Section 1, page 3, after line 5, by adding a line to read:/LAKE CITY PUBLIC LIBRARY $25,000/
Renumber sections and amend totals/title to conform.
Rep. ASKINS explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
Rep. MEACHAM proposed the following Amendment No. 25 (Doc Name P:\AMEND\006\york.006), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 2, line 14, opposite item / (22) SC State - Hodge Hall Renovation / by decreasing the amount by: / 200,000 /
Amend the joint resolution further, as and if amended, Section 1, page 3, line 7, by adding an appropriately numbered item to read:
/ PRT: York County Cultural and Historical Center 200,000 /
Renumber sections and amend totals/title to conform.
Rep. MEACHAM explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Barrett Bauer Baxley Beck Boan Bowers Breeland Brown, J. Brown, T. Cave Clyburn Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Lloyd Mack McGee McKay McLeod McMahand McMaster Moody-Lawrence Neal Neilson Phillips Quinn Rice Riser Robinson Scott Sharpe Sheheen Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Whatley Whipper Wilder Wilkes Witherspoon Woodrum
Those who voted in the negative are:
Altman Cato Chellis Davenport Delleney Jordan Kinon Loftis Meacham Mullen Rodgers Sandifer Seithel Simrill Stoddard Vaughn Young-Brickell
So, the amendment was tabled.
Rep. SEITHEL proposed the following Amendment No. 27 (Doc Name P:\AMEND\006\folly.006), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 2, line 14, opposite item / (22) SC State - Hodge Hall Renovation / by decreasing the amount by: / 200,000 /
Amend the joint resolution further, as and if amended, Section 1, page 3, line 7, by adding an appropriately numbered item to read:
/ DHEC: Folly Beach Renourishment 200,000 /
Renumber sections and amend totals/title to conform.
Rep. SEITHEL explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Barrett Battle Baxley Beck Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Delleney Felder Govan Harrison Harvin Hawkins Hines, J. Hines, M. Howard Inabinett Jennings Keegan Kennedy Kirsh Koon Lanford Lee Limehouse Littlejohn Lloyd Mack McAbee McCraw McGee McKay McLeod McMahand McMaster Neal Neilson Phillips Riser Robinson Scott Sharpe Smith, F. Smith, J. Smith, R. Stuart Tripp Whipper Wilder Wilkes Woodrum Young
Those who voted in the negative are:
Altman Bauer Bowers Brown, H. Cato Chellis Dantzler Davenport Easterday Edge Gamble Gourdine Hamilton Harrell Harris Haskins Hinson Jordan Kelley Kinon Klauber Knotts Leach Loftis Mason Meacham Mullen Quinn Rhoad Rice Rodgers Sandifer Seithel Simrill Spearman Stille Stoddard Townsend Vaughn Whatley Witherspoon Young-Brickell
So, the amendment was tabled.
Rep. CLYBURN proposed the following Amendment No. 31 (Doc Name P:\AMEND\009\heritage.009), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 2, line 1, opposite /(13) PRT: HERITAGE CORRIDOR/ by increasing the amount(s) by:
/ 2,000,000/
Renumber sections and amend totals/title to conform.
Rep. CLYBURN explained the amendment.
Rep. H. BROWN spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. McLEOD proposed the following Amendment No. 32 (Doc Name P:\AMEND\GJK\21315HTC.98), which was tabled.
Amend the joint resolution, as and if amended, SECTION 1, page 2, by inserting immediately after line 13:
/(22) Newberry Opera House 250,000/
Renumber remaining items to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Reps. RHOAD and WILKINS proposed the following Amendment No. 33 (Doc Name P:\AMEND\005\earh.005), which was adopted.
Amend the joint resolution, as and if amended, Section 1, page 2, line 23, Item (29) SOUTHERN LEG. CONFERENCE-HOUSE, BY DECREASING THE AMOUNT BY /20,000/
Amend the joint resolution further, as and if amended, Section 1, page 3, after line 5, by adding an appropriately numbered item to read: B&C Board-Division of Regional Development: Oversight Requirement-Ehrhardt 20,000/
Renumber sections and amend totals/title to conform.
Rep. TRIPP proposed the following Amendment No. 34 (Doc Name P:\AMEND\GJK\21319HTC.98), which was tabled.
Amend the joint resolution, as and if amended, SECTION 1, by striking all items in SECTION 1 and inserting:
/Motor Vehicle Property
Tax Relief 86,919,822/
Renumber items to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. RODGERS proposed the following Amendment No. 3 (Doc Name P:\AMEND\002\crfwtrql.002), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 1, line 40, item (10) DHEC: Water Quality Testing & Monitoring / by striking / 1,000,000 / and inserting / 2,000,000/
Amend the joint resolution, as and if amended, Section 1, page 2, line 4, by striking item / (15) DHEC - Facility Renovations 1,000,000/
Renumber sections and amend totals/title to conform.
Rep. RODGERS explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 47 to 16.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Leach Lee Littlejohn Lloyd Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Davenport Easterday Jordan Kirsh Loftis Meacham Sheheen Simrill Tripp Wilkes
So, having received the necessary vote, two-thirds of the members present and voting but not less than three-fifths of the total membership, the Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4701 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\002\sptb.002), which was tabled.
Amend the bill, as and if amended, Section 1, page 2, lines 32 to 36, by striking in its entirety /Dept. Of Commerce: Advisory Coordinating Council for Economic Development $2,000,000/
AND INSERTING ITEM:
/ (19) DEPARTMENT OF EDUCATION - PURCHASE SCHOOL BUSES $2,000,000/
Amend further, page 3, by striking section 2, lines 9 to 24, in its entirety.
Renumber sections and amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. ALLISON moved to table the amendment, which was agreed to.
Reps. EASTERDAY, ALLISON, ALTMAN, ASKINS, BAILEY, BARRETT, BATTLE, BAUER, BAXLEY, BECK, BOWERS, BREELAND, G. BROWN, CAMPSEN, CATO, CHELLIS, CLYBURN, COOPER, COTTY, CROMER, DANTZLER, DAVENPORT, DELLENEY, EDGE, FLEMING, HAMILTON, HARRELL, A. HARRIS, HARRISON, HARVIN, HASKINS, HAWKINS, J. HINES, JENNINGS, JORDAN, KELLEY, KINON, KIRSH, KLAUBER, KNOTTS, LANFORD, LAW, LEACH, LIMEHOUSE, LITTLEJOHN, LOFTIS, MACK, MADDOX, MARTIN, MASON, McCRAW, McGEE, McKAY, McLEOD, McMAHAND, McMASTER, MEACHAM, MILLER, MOODY-LAWRENCE, MULLEN, NEAL, NEILSON, PHILLIPS, QUINN, RHOAD, RISER, ROBINSON, RODGERS, SANDIFER, SEITHEL, SHARPE, SHEHEEN, SIMRILL, D. SMITH, F. SMITH, J. SMITH, R. SMITH, STILLE, STODDARD, STUART, TOWNSEND, TRIPP, TROTTER, VAUGHN, WHATLEY, WHIPPER, WILDER, WILKES, WILKINS, WITHERSPOON, WOODRUM, YOUNG and YOUNG-BRICKELL proposed the following Amendment No. 3 (Doc Name P:\AMEND\002\JBRC.002), which was ruled out of order.
Amend the bill, as if amended by inserting a new section on page 3, after line 32 to read: Fiscal year 1997-98 surplus general fund revenues in excess of those identified in this part must be used as provided in this section. After a review of interest rates, the state treasurer shall make recommendations to the joint bond review committee on savings that could be obtained by using the surplus to accelerate the repayment of outstanding capital improvement bonds and by paying cash for projects for which bonds have been authorized but not issued. The committee shall review the recommendations and adopt a plan incorporating the recommendations it determines best able to achieve maximum savings and forward the plan to the state budget and control board which shall proceed to implement the plan.
Renumber sections and amend totals/title to conform.
Rep. EASTERDAY explained the amendment.
Rep. BOAN raised a Point of Order that Amendment No. 3 was out of order in that it was in violation of Code Section 11-11-140. He stated that according to the section, that in any Bill or Joint Resolution appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors. He stated that the amendment directed money over and above the amount estimated and officially recognized by the Board of Economic Advisors.
Rep. SHEHEEN stated that if the amendment had attempted to appropriate any money, then the amendment would be in violation of Section 11-11-140. He stated further that the amendment, without monetary figures, was only a proviso, which is a rule or regulation and therefore would be allowed in any Appropriations Bill and would not be in violation of Section 11-11-140. He stated that to violate the statute an exact amount of money needed to be included in the amendment.
Rep. EASTERDAY stated that the intent of the amendment was to require any surplus funds from the surplus general fund revenues from H. 4701 to be used for bond reduction.
Rep. HASKINS stated that Section 11-11-140 was added in 1997 in order to stop passing any Appropriations Bills that would be out of balance. He stated that Amendment No. 3 did not appropriate any additional money to the budget and did not put the Appropriations Bill out of balance. He stated that the amendment was merely a directive which calls for a surplus, if any, to be directed.
Rep. SHEHEEN stated that this type of proviso does not appropriate any money, it controls what is done procedurally.
Rep. CAMPSEN stated that the Treasurer shall make recommendations to the Joint Bond Review Committee, the Joint Bond Review Committee shall consider those recommendations and then adopt a plan incorporating the recommendations it determines to be best able to achieve savings. He stated further that because discretion is vested with the Joint Bond Review Committee, it cannot be an appropriation but a directive.
SPEAKER WILKINS stated that according to the amendment, in order to achieve maximum savings, the question would be which bonds, based on highest interest rate, to reduce earlier -- not whether or not to pay them. He stated further that you would want to reduce the bonds with the highest interest rates first, for the greater savings.
Rep. H. BROWN stated that the amendment clearly identifies an expenditure because it directs B&CB to pay off the bonds and therefore gives direction for spending.
SPEAKER WILKINS stated that "appropriation" is defined as "a legislative act authorizing the expenditure of an amount of public funds" according to the American Dictionary. "Appropriation", in Black's Law Dictionary, is "the act of appropriating or setting apart, prescribing the designation of a thing, or designating the use or application of a fund." He stated further that "appropriation" means "directing funds to go to a specific purpose" and the amendment clearly did that. He stated that the amendment mandated an expenditure of any surplus beyond the BEA's officially recognized surplus and was in violation of Code Section 11-11-140. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT proposed the following Amendment No. 5 (Doc Name P:\AMEND\GJK\21317AC.98), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 3, by adding an appropriately numbered item at the end to read:
/( ) House Committee to Study
Governmental Ethics 1.00
( .1) There is established the committee to study governmental ethics consisting of seven members: the Chairman of the House Ethics Committee; one member elected from these standing committees: Ways and Means Committee, Judiciary Committee, Labor, Commerce and Industry Committee, Agriculture, Natural Resources and Environmental Affairs Committee, Medical, Military, Public and Municipal Affairs Committee; and one member to be appointed by the Speaker of the House. The committee shall submit a report and recommendations to the General Assembly no later than March 1, 1999, at which time the committee is abolished./
Renumber items to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Boan Brown, H. Canty Carnell Cotty Edge Gourdine Harrison Hines, M. Howard Keegan Kelley Knotts Koon Law Lloyd Maddox McKay McMaster Neal Phillips Quinn Rodgers Scott Sheheen Smith, J. Stille Townsend Trotter Walker Webb Whipper Wilkes
Those who voted in the negative are:
Allison Bailey Barrett Battle Baxley Beck Bowers Brown, G. Brown, J. Brown, T. Chellis Clyburn Dantzler Davenport Delleney Easterday Felder Gamble Govan Harrell Harris Harvin Haskins Hawkins Hines, J. Hinson Jennings Kennedy Kirsh Klauber Lanford Leach Lee Limehouse Littlejohn Loftis Mason McAbee McCraw McGee McLeod Meacham Miller Moody-Lawrence Mullen Neilson Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Vaughn Whatley Wilder Woodrum Young Young-Brickell
So, the House refused to table the amendment.
Rep. KELLEY spoke against the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 5 was not germane to the Bill in that it did not relate to a line item in Part I of the Appropriations Bill.
SPEAKER WILKINS overruled the Point of Order.
Reps. KELLY and SCOTT spoke against the amendment.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. DAVENPORT continued speaking.
The question then recurred to the adoption of the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 50 to 45.
Rep. DAVENPORT proposed the following Amendment No. 6 (Doc Name P:\AMEND\GJK\21316HTC.98), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 3, by adding an appropriately numbered item at the end to read:
/( ) Traffic Violations Study
Committee $1.00
( .1) There is established the Traffic Violations Study Committee consisting of five members of the House appointed by the Speaker to study the laws of this State and ordinances of political subdivisions relating to traffic violations. The committee shall make a report and recommendation to the General Assembly no later than March 1, 1999. The committee is abolished on the date of its report./
Renumber items to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. DAVENPORT continued speaking.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to
Rep. FLEMING moved to reconsider the vote whereby Amendment No. 5 was adopted.
Rep. DAVENPORT moved to table the motion.
Rep. FLEMING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Davenport Easterday Hamilton Harvin Hines, J. Inabinett Jennings Jordan Kirsh Klauber Leach Lee Littlejohn Lloyd Loftis Mason McLeod Moody-Lawrence Mullen Neilson Phillips Pinckney Rice Rodgers Simrill Stille Tripp Vaughn Wilder
Those who voted in the negative are:
Barfield Barrett Battle Bauer Boan Brown, H. Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Dantzler Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Hines, M. Hinson Howard Keegan Kelley Kinon Knotts Koon Limehouse Mack Martin McGee McKay McMaster Meacham Neal Quinn Rhoad Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Smith, J. Smith, R. Spearman Stuart Townsend Trotter Walker Webb Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The question then recurred to the adoption of the amendment.
Rep. KEEGAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Bowers Brown, T. Campsen Chellis Davenport Easterday Gamble Hamilton Harris Hines, J. Jennings Jordan Kinon Kirsh Leach Lee Limehouse Littlejohn Loftis Mason McCraw McLeod Meacham Mullen Neilson Phillips Rice Sharpe Simrill Stille Stoddard Tripp Vaughn Wilder Young-Brickell
Those who voted in the negative are:
Barrett Battle Bauer Boan Breeland Brown, G. Brown, H. Canty Carnell Cato Cave Clyburn Cotty Cromer Dantzler Delleney Edge Felder Fleming Gourdine Govan Harrell Harrison Harvin Haskins Hines, M. Hinson Keegan Kelley Kennedy Knotts Koon Mack Martin McGee McKay McMahand McMaster Moody-Lawrence Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Smith, R. Spearman Stuart Trotter Walker Webb Whatley Whipper Wilkes Wilkins Witherspoon Woodrum Young
So, the amendment was rejected.
My vote was not registered on the roll call vote to adopt Amendment 5. My vote is yea to adopt the amendment.
Rep. JAMES EMERSON SMITH, JR.
Rep. MEACHAM proposed the following Amendment No. 7 (Doc Name P:\AMEND\008\thebridge.008), which was tabled.
Amend the bill, as and if amended, Section 1, Department of Alcohol and other Drug Abuse Service, page 2, line 12, opposite /THE BRIDGE/ by decreasing the amount $100,000
/and amend the bill as and if amended, section 1 by adding a new line to read/york county cultural and historical commission $100,000/
()
Renumber sections and amend totals/title to conform.
Rep. MEACHAM explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 65 to 23.
Rep. ASKINS proposed the following Amendment No. 8 (Doc Name P:\AMEND\009\lakecit5.009), which was adopted.
Amend the bill, as and if amended, Section 1, page 3, line 6, by adding an appropriately numbered item to read:
/( ) S.C. STATE LIBRARY: LAKE CITY PUBLIC LIBRARY $7,000/
Renumber sections and amend totals/title to conform.
Rep. ASKINS explained the amendment.
The amendment was then adopted by a division vote of 58 to 28.
Rep. McLEOD proposed the following Amendment No. 9 (Doc Name P:\AMEND\PT\1785CM.98), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 4701-4 by adding immediately after item 21:
/ (22) Newberry Opera House 150,000 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. TRIPP proposed the following Amendment No. 10 (Doc Name P:\AMEND\GJK\21320HTC.98), which was tabled.
Amend the bill, as and if amended, SECTION 1, by striking all items in SECTION 1 and inserting:
/Motor Vehicle Property
Tax Relief 66,191,043/
Amend further, as and if amended, page 3, by striking SECTION 2.
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. TRIPP demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 22.
Rep. HASKINS proposed the following Amendment No. 12 (Doc Name P:\AMEND\003\Haskins.003), which was adopted.
Amend the bill further, as and if amended, Section 1, page 3, immediately after line 6, By adding appropriately numbered item to read:
/BUDGET AND CONTROL BOARD: CAPITAL IMPROVEMENT BONDS PAYMENTS $2,000/
Renumber sections and amend totals/title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Reps. EASTERDAY, ALLISON, ALTMAN, ASKINS, BAILEY, BARRETT, BATTLE, BAUER, BAXLEY, BECK, BOWERS, BREELAND, G. BROWN, CAMPSEN, CATO, CHELLIS, CLYBURN, COOPER, COTTY, CROMER, DANTZLER, DAVENPORT, DELLENEY, EDGE, FLEMING, HAMILTON, HARRELL, A. HARRIS, HARRISON, HARVIN, HASKINS, HAWKINS, J. HINES, JENNINGS, JORDAN, KELLEY, KINON, KIRSH, KLAUBER, KNOTTS, LANFORD, LAW, LEACH, LIMEHOUSE, LITTLEJOHN, LOFTIS, MACK, MADDOX, MARTIN, MASON, McCRAW, McGEE, McKAY, McLEOD, McMAHAND, McMASTER, MEACHAM, MILLER, MOODY-LAWRENCE, MULLEN, NEAL, NEILSON, PHILLIPS, QUINN, RHOAD, RISER, ROBINSON, RODGERS, SANDIFER, SEITHEL, SHARPE, SHEHEEN, SIMRILL, D. SMITH, F. SMITH, J. SMITH, R. SMITH, STILLE, STODDARD, STUART, TOWNSEND, TRIPP, TROTTER, VAUGHN, WHATLEY, WHIPPER, WILDER, WILKES, WILKINS, WITHERSPOON, WOODRUM, YOUNG and YOUNG-BRICKELL proposed the following Amendment No. 13 (Doc Name P:\AMEND\002\JBRC.002), which was ruled out of order.
Amend the bill, as and if amended by a new Section, Part II Permanent amendment, Section 11-11-140 to read: Surplus general fund revenues in excess of those identified in this part must be used as provided in this section. After a review of interest rates, the state treasurer shall make recommendations to the joint bond review committee on savings that could be obtained by using the surplus to accelerate the repayment of outstanding capital improvement bonds and by paying cash for projects for which bonds have been authorized but not issued. The committee shall review the recommendations and adopt a plan incorporating the recommendations it determines best able to achieve maximum savings and forward the plan to the state budget and control board which shall proceed to implement the plan.
Renumber sections and amend totals/title to conform.
Rep. EASTERDAY explained the amendment.
Rep. QUINN raised a Point of Order that Amendment No. 13 was in violation of Code Section 11-11-140.
Rep. SHEHEEN stated that the amendment created a Part II which was an amendment to 11-11-140 and would not be in violation of 11-11-140. He stated that instead of the fiscal year 1997-1998 it should be amended to affect surplus revenue in 1998-99 and ensuing years. He stated further that it would not become effective until after the law was amended, if it was to be amended.
Rep. QUINN stated that even with unanimous consent to strike the reference to the 1997-98 fiscal year, the amendment would still be in violation of Code Section 11-11-140.
Rep. H. BROWN stated that the appropriations identified in the amendment exceeded the $2,000 that was inserted in Part I of the Bill.
Rep. HASKINS stated that the amendment amended Section 11-11-140 and therefore any Point of Order would violate the Constitution in that the House could not amend a section of law because to amend that section would be to violate what the section says.
SPEAKER WILKINS stated that if the statute is amended, the amendment does not become law until the Governor signs it into law. He stated further that just because the House or the Senate votes to amend 11-11-140, until that amendment is ratified and signed by the Governor, that it is merely a proposed amendment and the current wording of 11-11-140, absent the proposed amendment, still stands.
Rep. SHEHEEN stated that in Part I, appropriations are made and money is appropriated. In Part II, general law and permanent code are amended. If a provision is inserted in Part II that allows a Bond Bill in even numbered years, when the Appropriations Bill is signed, then you could have a Bond Bill.
SPEAKER WILKINS stated that the amendment was not in violation of Code Section 11-11-140 in that it did not affect 1997-98 surplus funds in excess of the BEA's officially recognized surplus because it did not apply to the 97-98 fiscal year. It was merely a proposed amendment that, if signed into law, would affect future Supplemental Appropriation Bills, not the 1997-98 Supplemental Appropriation Bill, and did not violate 11-11-140. He therefore overruled the Point of Order.
Rep. McABEE raised a Point of Order under Rule 5.3 that Amendment No. 13 was not germane to the Bill in that it did not relate to a line item in Part I of the Supplemental Appropriations Bill.
Rep. HASKINS stated that under Rule 5.3, no provision shall be put into the permanent section of the Appropiations Bill unless it relates directly with the purpose of an appropriation being made. He further stated that there was an appropriation being made for the same purpose as Amendment No. 13 which is to make payments on capital improvement bonds.
SPEAKER WILKINS stated that the amendment did not meet the Part II germaneness test under Rule 5.3. He further stated that the amendment, as stated in the prior Point of Order, only applied to Supplemental Appropriation Bills after fiscal year 97-98, and, therefore, could not relate to an appropriation in the 1997-98 Supplemental Appropriation Bill. Therefore, he sustained the Point of Order and ruled the amendment out of order.
Rep. GOVAN proposed the following Amendment No. 14 (Doc Name P:\AMEND\009\cemetery.009), which was adopted.
Amend the bill, as and if amended, Section 1, page 3, line 6, BY ADDING AN APPROPRIATLY NUMBERED ITEM TO READ: / DEPT. OF ARCHIVES & HISTORY: ORANGEBURG CEMETERY PRESERVATION $1,000/
Renumber sections and amend totals/title to conform.
Rep. GOVAN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McABEE McCraw McGee McKay McLeod McMahand Miller Mullen Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sheheen Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Walker Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Canty Fleming Jordan Kirsh Meacham Moody-Lawrence Neal Sharpe Simrill Tripp Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4771 -- Reps. Campsen, Wilkins, H. Brown, Knotts, Harrell, Easterday, Altman, Woodrum, McKay, Robinson, McGee, D. Smith, Young, Law, J. Smith, Klauber, Barrett, Quinn, Harrison, Chellis, Young-Brickell, Edge, Witherspoon, Davenport, Littlejohn, Cato, Vaughn, Haskins, Leach, Hamilton, Loftis, Keegan, Allison, Bauer, Walker, Barfield, Delleney, Hinson, Dantzler, Simrill, Jordan, Cotty, McMaster, Spearman, Jennings, Neilson, Gamble, A. Harris, F. Smith, Tripp, J. Hines, Rice, Cave, Govan, Baxley, Rodgers, Bowers, Stille, Littlejohn, Mason, Beck, Cromer, Sandifer, R. Smith, Kelley and Trotter: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY SINE DIE ADJOURNMENT DATE OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER CONVENING OF THE ANNUAL SESSION OF THE GENERAL ASSEMBLY, THE GENERAL ASSEMBLY SHALL MEET IN LOCAL SESSION ONLY FOR A PERIOD OF THIRTY CALENDAR DAYS IN ODD-NUMBERED YEARS FOR THE PURPOSE OF DEVELOPING IN COMMITTEE A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, TO PROVIDE THAT THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS SHALL ADJOURN SINE DIE NOT LATER THAN 5:00 P.M. ON THE FIRST THURSDAY IN MAY, TO PROVIDE THAT IN ANY ODD-NUMBERED YEAR BEGINNING IN 1999 IN WHICH THE BIENNIAL GENERAL APPROPRIATIONS ACT IS GIVEN THIRD READING BEFORE MARCH THIRTY-FIRST BY THE HOUSE OF REPRESENTATIVES, THE DATE OF SINE DIE ADJOURNMENT FOR THAT YEAR IS SHORTENED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY BEFORE MARCH THIRTY-FIRST THAT THE ACT IS GIVEN THIRD READING BY THE HOUSE OF REPRESENTATIVES; AND TO AMEND SECTION 2-7-60, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1999 SESSION FOR THE ENSUING TWO FISCAL YEARS, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO REQUIRE THE GOVERNOR AND THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES TO USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE BIENNIAL STATE GENERAL APPROPRIATIONS ACT, AND TO PROVIDE FOR CERTAIN CRITERIA WHICH MUST BE USED IN THIS ZERO-BASE BUDGET PROCESS.
Referred to Committee on Ways and Means.
H. 4772 -- Rep. Harrell: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ALLOW THE LICENSURE OF A PRIVATE PERSONNEL PLACEMENT SERVICE AGENCY WHERE THE PRINCIPAL PLACE OF BUSINESS IS A PRIVATE RESIDENCE IF SUCH LICENSURE WOULD NOT VIOLATE OTHER APPLICABLE LAWS OR ZONING ORDINANCES.
Referred to Committee on Labor, Commerce and Industry.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4762 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DANNY EUGENE ATKINS OF BLACKVILLE, SUPERINTENDENT OF BARNWELL SCHOOL DISTRICT #19, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4763 -- Reps. Harvin, Kennedy, J. Hines, M. Hines, McGee, McKay and Neilson: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE VERNON ONEIL MOORE OF FLORENCE COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY.
At 12:25 P.M. the House in accordance with the motion of Rep. R. SMITH adjourned in memory of Jason Finley Limehouse and Joshua Eric Loveday of Beech Island, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 10:32 A.M.