Indicates Matter Stricken
Indicates New Matter
The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
When the demands upon us are increased, then, Lord God, we need a double measure of Your guidance and direction. Such is the situation before us this day as we begin consideration of the new state budget. As You once led the Children of Israel, so lead us as we enter the hard decisions that confront us. Keep us keenly aware that the action we take will impact the lives of so many of Your people. So may our action be not on "Is it popular?" but rather "Is it right?" Remain with us, Heavenly Father, to show us what is right. 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 Friday, the SPEAKER ordered it confirmed.
Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Mary Astor Fleming Kitchens of Spartanburg, which was agreed to.
The following was received.
Columbia, S.C., March 11, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to H. 3346:
H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION
Very respectfully,
President
On motion of Rep. GAMBLE, with unanimous consent, the following was taken up for immediate consideration:
S. 557 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999, AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ-TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.
Whereas, the State of South Carolina has committed itself to a course of raising academic standards for all students; and
Whereas, the citizens of the State of South Carolina stand firmly committed to promoting reading as a catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and
Whereas, the General Assembly has provided significant leadership in the area of education reform, grounded in the principle that educational investment is key to the state's well being and long-term quality of life; and
Whereas, "Read Across America", a national celebration of Dr. Suess's birthday on March 2, promotes reading and adult involvement in the education of our students; and
Whereas, "Read Across America" is a project of great merit and is highly deserving of enthusiastic support. Now, therefore,
That the members of the General Assembly of the State of South Carolina, by this resolution, designate Tuesday, March 2, 1999, as "Read Across America Day" in South Carolina, urge every citizen in the Palmetto State to ensure that every child is read to by a caring adult at least once on that day, and rededicate this State to efforts which engage in programs and activities to place South Carolina's children among the best readers in the nation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3737 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. HOLLAND E. WALKER ON THE JOYOUS OCCASION OF THEIR FIFTY-EIGHTH WEDDING ANNIVERSARY WHICH THEY WILL CELEBRATE ON APRIL 5, 1999, AND TO HONOR THEM BY DEDICATING THIS DAY TO THEIR HONOR IN THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST
S. 448 (Word version)-- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.
Referred to Committee on Ways and Means
S. 491 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Bailey Bales Barfield Barrett Battle Breeland Brown H. Brown J. Carnell Cato Cobb-Hunter Cooper Cotty Dantzler Delleney Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Keegan Kelley Kirsh Knotts Koon Law Leach Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Mason McCraw McGee McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Ott Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Sharpe Simrill Smith D. Smith J. Smith R. Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Monday, March 15.
Merita Allison Andre Bauer Scott Beck George Campsen Converse Chellis William Clyburn Ralph Davenport Michael Easterday Tracy Edge Grady Brown
Anthony Harris Alex Harvin Douglas Jennings Kenneth Kennedy James Klauber Steve Lanford H.B. "Chip" Limehouse Dwight Loftis E.B. "Mac" McLeod Becky Martin Denny Neilson Anne Parks Olin Phillips Richard Quinn John Scott Lynn Seithel Robert Sheheen Daniel Tripp Jackson Whipper
The SPEAKER granted Rep. STUART a leave of absence for the day due to being snowed-in in Pennsylvania.
The SPEAKER granted Rep. BOWERS a leave of absence due to employment obligations.
The SPEAKER granted Rep. CANTY a leave of absence for the day.
The SPEAKER granted Rep. T. BROWN a leave of absence for the day.
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 the 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
Bill Number: H. 3276 (Word version)
Date: ADD:
03/15/99 GILHAM
Bill Number: H. 3595 (Word version)
Date: ADD:
03/15/99 HAYES
Bill Number: H. 3726 (Word version)
Date: ADD:
03/15/99 HARRIS
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Rep. CATO explained the Bill.
H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SANDIFER explained the Joint Resolution.
H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3029 (Word version) be read the third time tomorrow.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 3710 (Word version) be read the third time tomorrow.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3712 (Word version) be read the third time tomorrow.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3725 (Word version) be read the third time tomorrow.
The following Bill was taken up:
H. 3695 (Word version) -- Reps. Kelley, Wilder, Cooper, Keegan and Witherspoon: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE
The following Joint Resolution was taken up:
H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.
Rep. FLEMING moved to adjourn debate on the Joint Resolution until Tuesday, March 23, which was agreed to.
The following Bill was taken up:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith and Gilham: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name GJK\20374AFC99):
Amend the bill, as and if amended, by inserting after the title and before the enacting words:
/WHEREAS, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
WHEREAS, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
WHEREAS, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
WHEREAS, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
WHEREAS, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements; and
(vi) charges for the use of intercompany facilities;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230 . (A) A municipality may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 - 1,000 $ 100.00
Tier II 1,001 - 3,000 $ 200.00
Tier III 3,001 - 5,000 $ 300.00
Tier IV 5,001 - 10,000 $ 500.00
Tier V 10,001 - 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(B) A municipality may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 - 1,000 $ 100.00
Tier II 1,001 - 3,000 $ 200.00
Tier III 3,001 - 5,000 $ 300.00
Tier IV 5,001 - 10,000 $ 500.00
Tier V 10,001 - 25,000 $ 750.00
Tier VI Over 25,000 $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that
Rep. CATO explained the amendment.
Rep. J. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and
Rep. H. BROWN moved that H. 3697, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 98-99, be set for Special Order immediately after third reading of H.3696, and continue each day thereafter until given a second reading, which was agreed to.
Rep. H. BROWN moved that while debating H. 3697, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 98-99, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. H. BROWN moved that H. 3698, the Supplemental Appropriation Bill for fiscal year 1997-98, be set for Special Order immediately after second reading of H.3697, and continue each day thereafter until given a second reading, which was agreed to.
Rep. H. BROWN moved that while debating H. 3698, the Supplemental Appropriation Bill for Fiscal Year 1997-98, the Bills on the Calendar be printed by number only, which was agreed to.
Rep. H. BROWN moved that H. 3699, the Supplemental Appropriation Bill for fiscal year 1998-99, be set for Special Order immediately after third reading of H.3698, the Supplemental Appropriation Bill for Fiscal Year 1997-98, and continue each day thereafter until given a second reading, which was agreed to.
Rep. H. BROWN moved that while debating H. 3699, the Supplemental Appropriation Bill for Fiscal Year 1998-99, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bill was taken up:
Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part IA then taking up Part IB and then Part II, which was agreed to.
Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.
Rep. H. BROWN moved that pursuant to Rule 9.2, there is notice given of possibly offering amendments on third reading, which was agreed to.
Rep. HAMILTON moved to recommit the Bill, which was rejected.
Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Rep. H. BROWN made a statement relative to the Bill, H. 3696.
SECTION 2
Section 2 was adopted.
Section 4 was adopted.
Section 5C was adopted.
Section 5D was adopted.
Section 5E was adopted.
Section 5F was adopted.
Section 5G was adopted.
Section 5H was adopted.
Section 5KA was adopted.
Section 5KB was adopted.
Section 5KC was adopted.
Section 5KD was adopted.
Section 5KE was adopted.
Section 5KF was adopted.
Section 5KG was adopted.
Section 5KH was adopted.
Section 5MA was adopted.
Section 5MB was adopted.
Section 5MC was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 15 was adopted.
Rep. RODGERS proposed the following Amendment No. 10 (Doc Name housedesk\h-wm\007\library5.doc):
Amend the bill, as and if amended, Part IA, Section H87, STATE LIBRARY, page 173, line 20, opposite /Aid CNTY - Libraries/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
417,000 417,000
(0) (0)
Renumber sections to conform.
Amend totals and title to conform.
Rep. RODGERS explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to adjourn debate on the Section, which was agreed to.
Section 18 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Section 25 was adopted.
Section 28 was adopted.
Section 29 was adopted.
Section 30 was adopted.
Section 31 was adopted.
Section 33 was adopted.
Section 34 was adopted.
Section 35 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Section 48 was adopted.
Section 49 was adopted.
Section 50 was adopted.
Section 52 was adopted.
Section 54C was adopted.
Section 54E was adopted.
Section 54F was adopted.
Section 56D was adopted.
Section 58 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Section 62 was adopted.
Section 63H was adopted.
Section 64 was adopted.
Section 66 was adopted.
Section 2 was adopted.
Section 4 was adopted.
Section 5K was adopted.
Section 5M was adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 10 was adopted.
Section 12 was adopted.
Section 15 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 25 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 47 was adopted.
Section 48 was adopted.
Section 49 was adopted.
Section 55 was adopted.
Section 58 was adopted.
Section 59 was adopted.
Section 60 was adopted.
Section 61 was adopted.
Rep. GAMBLE proposed the following Amendment No. 35 (Doc Name housedesk\council\bbm\amend\9110som99.doc):
Amend the bill, as and if amended, Part IB, Section 63B-F07-Budget and Control Board, page 486, line 30, after /./ by adding:
/ All prescription costs paid by a participant of the State Health Plan shall apply to the participant's annual out-of-pocket maximum pay-out amount of fifteen hundred dollars./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. KELLEY moved to adjourn debate on the Section, which was agreed to.
Section 63D was adopted.
Section 63F was adopted.
Section 63H was adopted.
Rep. H. BROWN moved that the House recede until 2:00 P.M., which was agreed to.
At 2:00 P. M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Part IA.
PART IA
Section 5L was adopted.
Section 5N was adopted.
Section 9 was adopted.
Section 10 was adopted.
Section 12 was adopted.
Rep. RODGERS proposed the following Amendment No. 10 (Doc Name housedesk\h-wm\007\library5.doc), which was adopted.
Column 5 Column 6
417,000 417,000
(0) (0)
Renumber sections to conform.
Amend totals and title to conform.
Rep. RODGERS explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Brown H. Campsen Cato Chellis Clyburn Cooper Easterday Edge Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Koon Leach Littlejohn Meacham Quinn Rice Riser Robinson Sandifer Smith D. Smith R. Trotter Vaughn Webb Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Bales Battle Beck Breeland Carnell Cotty Dantzler Davenport Delleney Emory Fleming Gamble Gilham Gourdine Harris Hayes Howard
Inabinett Jennings Kennedy Klauber Knotts Lanford Lee Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Neal Neilson Ott Parks Phillips Rhoad Rodgers Rutherford Scott Seithel Sheheen Simrill Smith J. Stille Taylor Townsend Walker Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. FLEMING moved to adjourn debate on the amendment.
Rep. COTTY moved to table the motion.
Rep. KIRSH demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bailey Bales Battle Bauer Breeland Brown J. Carnell Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Emory Gilham Gourdine Harris Hayes Hines J. Howard Jennings Klauber Lee Lloyd Lourie Lucas Mack Maddox McGee McLeod M. McLeod W.
McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Robinson Rodgers Rutherford Scott Sheheen Simrill Smith J. Stille Taylor Walker Whipper Wilder Wilkes Woodrum
Those who voted in the negative are:
Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Inabinett Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Littlejohn Loftis Martin Mason McCraw Meacham Quinn Rice Riser Sandifer Seithel Sharpe Smith D. Smith R. Vaughn Webb Whatley Wilkins Witherspoon Young-Brickell
So, the motion to table was agreed to.
The question then recurred to the adoption of the amendment.
Rep. COTTY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Bauer Beck
Breeland Brown J. Carnell Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Emory Gamble Gilham Gourdine Harris Hayes Howard Inabinett Jennings Klauber Knotts Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Seithel Sheheen Simrill Smith J. Stille Taylor Townsend Webb Whatley Whipper Wilder Wilkes Woodrum
Those who voted in the negative are:
Allison Barfield Barrett Brown H. Campsen Cato Chellis Cooper Easterday Edge Fleming Hamilton Harrell Harrison Haskins Hawkins Hinson Kelley Kennedy Kirsh Koon Lanford Law Leach Littlejohn Loftis Meacham Quinn Rice Riser Robinson Sandifer Smith D. Smith R. Tripp Vaughn Walker Wilkins Witherspoon Young-Brickell
So, the amendment was adopted.
Rep. SIMRILL moved to table the motion to reconsider, which was rejected by a division vote of 23 to 72.
Rep. SHEHEEN moved to adjourn debate on the motion to reconsider, which was rejected.
The question then recurred to the motion to reconsider.
Rep. SHEHEEN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Clyburn Cooper Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kennedy Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason Meacham Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Smith D. Smith R. Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Allen Bailey Bales Battle Breeland Brown J. Carnell Cobb-Hunter Cotty Dantzler Davenport Delleney Emory Gamble Gourdine Govan Harris Hayes Hines J. Howard Inabinett Jennings Klauber Knotts Lee Lloyd Lourie Lucas Mack McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rutherford Scott Seithel Sheheen Simrill Smith J. Stille Taylor Whatley Whipper Wilder Wilkes
So, the motion to reconsider was agreed to.
Rep. ROBINSON moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown H. Campsen Cato Chellis Clyburn Cooper Easterday Edge Fleming Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kennedy Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Meacham
Quinn Rice Riser Robinson Sandifer Seithel Smith D. Smith R. Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Bauer Beck Breeland Brown J. Carnell Cobb-Hunter Cotty Dantzler Davenport Delleney Emory Gamble Gilham Gourdine Govan Harris Hayes Hines J. Howard Jennings Klauber Knotts Lee Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Sheheen Simrill Smith J. Stille Taylor Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the amendment.
Rep. FLEMING moved to adjourn debate on the Section, which was agreed to by a division vote of 51 to 48.
I support increased funding for the libraries, however this particular amendment does not specify where the money would come from and in order to maintain a balanced budget I had to vote against this particular amendment. Had the amendment specified where the money was to come from, I may have voted for the increased funding.
Rep. RON FLEMING
Section 24 was adopted.
Rep. COOPER proposed the following Amendment No. 11 (Doc Name housedesk\h-wm\004\freealof.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, line 19-20, by deleting /Regional Program Development/ and inserting /Freedom Weekend Aloft/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
Rep. KOON spoke against the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. KOON moved to table the amendment, which was agreed to by a division vote of 58 to 30.
Rep. VAUGHN proposed the following Amendment No. 16 (Doc Name housedesk\h-wm\004\spoleto.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, lines 19-20, by striking / Regional Program Development/ and inserting /Spoleto/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. HARRELL moved to table the amendment.
Those who voted in the affirmative are:
Breeland Brown H. Campsen Cotty Harrell Harris Hayes Inabinett Jennings Keegan Koon Limehouse Mack McCraw Rodgers Seithel Sharpe Whatley Wilkes
Those who voted in the negative are:
Allen Allison Bales Barfield Barrett Battle Bauer Beck Brown J. Cato Chellis Clyburn Cooper Dantzler Davenport Delleney Edge Emory Fleming Gamble Gourdine Govan Hamilton Harrison Haskins Hawkins Hines J. Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Martin Mason McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Rice Riser Robinson Sandifer Scott Sheheen Simrill Smith J. Smith R. Stille Taylor Townsend Trotter Vaughn Walker Webb
Whipper Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The amendment was then adopted.
Rep. VAUGHN proposed the following Amendment No. 22 (Doc Name \h-wm\004\spolcom.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, line 19-20, opposite /Regional Program Development/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
300,000 300,000
(0) (0)
Renumber section to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. KOON moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Barfield Bauer Beck Breeland Brown H. Brown J. Campsen Carnell Chellis Clyburn Cotty Dantzler Delleney Edge Fleming Gamble Gourdine Govan Harrell Harris Hayes Hines J. Howard Inabinett Jennings Keegan Kelley Kennedy Knotts Koon Law Limehouse Lourie Lucas Mack McCraw
McGee McLeod W. Neal Neilson Ott Rhoad Riser Rodgers Rutherford Seithel Sharpe Smith J. Smith R. Whatley Whipper Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Barrett Battle Brown G. Cato Cooper Davenport Easterday Emory Hamilton Harrison Haskins Hawkins Kirsh Klauber Leach Lee Littlejohn Lloyd Loftis Martin Mason McLeod M. McMahand Meacham Moody-Lawrence Parks Rice Robinson Sandifer Sheheen Simrill Smith D. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkes Witherspoon
So, the amendment was tabled.
Rep. VAUGHN moved to adjourn debate on the Section, which was agreed to.
Section 32 was adopted.
Section 36 was adopted.
Section 37 was adopted.
Section 44 was adopted.
Section 47 was adopted.
Section 51 was adopted.
Section 53 was adopted.
Section 54D was adopted.
Section 56A was adopted.
Section 57 was adopted.
Section 63B was adopted.
Section 63C was adopted.
Section 63D was adopted.
Section 63E was adopted.
Section 63F was adopted.
Section 65 was adopted.
Section 69B was adopted.
Section 5N was adopted.
Rep. WOODRUM proposed the following Amendment No. 34 (Doc Name housedesk\tdw\sickle cell.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 9, DHEC, page 426, paragraph, line 35, by striking /$ 1,375,000/ and inserting /$525,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WOODRUM explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 39 (Doc Name housedesk\h-wm\003\dhecsdwa.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section J04, Department of Health and Environmental Control, page 430, paragraph 19, line 25, by inserting:
/ Per Year /after /$60.00/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. STILLE moved to table the amendment, which was agreed to.
Rep. ROBINSON moved to adjourn debate on the Section, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 69 (Doc Name housedesk\h-wm\009\bvendhk2.doc):
Amend the bill, as and if amended, Part IB, Section 14, Commission for the Blind, page 441, paragraph 3, lines 23-29, by striking
/ 0 9,999 .5%
10,000 19,999 15%
20,000 29,999 17.5%
30,000 39,999 20%
40,000 49,999 25%
50,000 59,999 30%
60,000 Above 35%/
and inserting
/0 39,999 0 %
40,000 49,999 10%
50,000 59,999 12.5%
60,000 Above 15%/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH moved to adjourn debate on the Section, which was agreed to.
Reps. RISER, KNOTTS, KOON, BAUER and GAMBLE proposed the following Amendment No. 95 (Doc Name bbm\9114std99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 17, State Library, by adding a new paragraph immediately after paragraph 5, which begins on line 19, page 443, to read:
/ 6. Any county that receives monies for the operation of its library from state funds shall not charge a library fee or a fee for a library card to persons living outside the county. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RISER explained the amendment.
Rep. QUINN raised a Point of Order that Amendment No. 95 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. RISER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Section 17 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Rep. KOON explained the Section.
Rep. KOON moved to adjourn debate on the Section, which was adopted.
Section 30 was adopted.
Section 33 was adopted.
Rep. KIRSH proposed the following Amendment No. 50 (Doc Name housedesk\h-wm\003\cipcrpi.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 35, Commission on Indigent Defense, page 455, paragraph 4, line 27, by striking /may/ and inserting /must/
Amend the bill further, as and if amended, Section 35, Commission on Indigent Defense, page 455, paragraph 4, line 30, by inserting:
/The Commission on Indigent Defense must make a report to the Senate Finance Committee and the House Ways and Means Committee of the Study. \
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Reps. HAWKINS, SIMRILL, LOFTIS, KLAUBER, STILLE, TAYLOR, RISER and WHATLEY proposed the following Amendment No. 32 (Doc Name KGH\AMEND\15451HTC99):
Amend the bill, as and if amended, in Part IB, Section 36.6, page 456, by striking beginning on line 24:
/ The department may enter into contracts to provide copies of photography, electronically stored information, stored photographs or digitized images. Such photographs, electronically stored information or digitized images are to be used for the prevention of fraud, and use is limited to the verification to identify the holders of credit cards, debit cards or other forms of financial or voter transactions. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.
The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.
Rep. YOUNG-BRICKELL spoke against the amendment.
Rep. FLEMING spoke in favor of the amendment.
Rep. SHEHEEN raised a Point of Order that paragraph 6 of Amendment No. 32 was out of order in that it was not germane to the Bill under Rule 5.3B and should therefore be stricken from the Bill.
SPEAKER WILKINS stated that the first sentence of paragraph 6 authorized the collection of fees which in effect related to the collection of revenues.
Rep. SHEHEEN stated that the revenues were departmental revenues and are not general fund appropriations.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Brown H. Chellis Keegan Kennedy Rhoad Robinson Seithel Whipper Woodrum Young-Brickell
Those who voted in the negative are:
Allison Altman Bailey Bales Barfield Barrett Battle Bauer Beck Breeland Brown G. Campsen Cato Clyburn Cooper Cotty Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hayes Hines J. Hinson Howard Inabinett Jennings Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Quinn Rice Riser Rodgers
Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins
So, the House refused to table the amendment.
Rep. SEITHEL spoke against the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. HARRISON moved to adjourn debate on the Section.
Rep. ALTMAN moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Beck Campsen Cobb-Hunter Davenport Delleney Easterday Gilham Hamilton Haskins Hawkins Kirsh Lee Limehouse Loftis Lourie Mason McGee McLeod M. Rice Rodgers Simrill Tripp
Those who voted in the negative are:
Allison Bailey Bales Barfield Barrett Battle Bauer Brown G. Brown H. Cato Chellis Clyburn Cooper Cotty Dantzler Edge Emory Fleming
Gamble Gourdine Govan Harrell Harris Harrison Harvin Hayes Hines J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lloyd Lucas Mack Maddox Martin McCraw McLeod W. McMahand Meacham Miller Moody-Lawrence Neilson Ott Parks Phillips Quinn Rhoad Riser Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith D. Smith J. Smith R. Stille Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate on the Section, which was agreed to.
Rep. LEE proposed the following Amendment No. 45 (Doc Name housedesk\bgl\park.doc), which was adopted.
Amend the bill, as and if amended, Section 37, Corrections, of Part 1B, page 459, paragraph 11, line 4, by inserting:
/or Park and Recreation Department/ after / district //
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEE explained the amendment.
The amendment was then adopted.
Section 38 was adopted.
Section 43 was adopted.
Section 50 was adopted.
Rep. KIRSH proposed the following Amendment No. 133 (Doc Name housedesk\h-wm\010\renov1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 474, paragraph 43, line 13-19, by striking:/State House Renovation Schedule/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KNOTTS moved to adjourn debate on the Section, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 65 (Doc Name housedesk\h-wm\005\518retarget.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 51, Employment Security Commission, page 466, paragraph 8, lines 31-36, by striking:/Paragraph in its Entirety//
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 51 as amended was adopted.
Section 53 was adopted.
Section 62 was adopted.
Section 63E was adopted.
Rep. KIRSH proposed the following Amendment No. 61 (Doc Name housedesk\h-wm\010\poker1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 64, Revenue, Department of, page 495, paragraph 3, line 9, by striking /$250,000/ and inserting /$500,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KELLEY 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 49 to 21.
Section 69B was adopted.
Rep. STILLE proposed the following Amendment No. 41 (Doc Name housedesk\h-wm\003\cccafp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 508, paragraph 31, line 9, by inserting:
/Coastal Carolina University/After/ University of Charleston
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 49 (Doc Name housedesk\h-wm\010\ethics2.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 516, paragraph 60, line 23-26, by reinserting:
/All state agencies or other entities existing by state law that receive an annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be submitted by June 30, 2000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY continued speaking.
Rep. KELLEY moved to table the amendment, which was rejected by a division vote of 35 to 53.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 60 (Doc Name housedesk\h-wm\003\jvwpssc.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 518, paragraph 67, line 2, by inserting at the end of the line:
/This committee shall dissolve when the report is finished./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 9 (Doc Name housedesk\h-wm\005\dnadatabase.doc):
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, paragraph 69, line 5, after Department of Corrections by inserting:
/, the Department of Probation, Parole and Pardon and Department of Juvenile Justice/
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
Rep. YOUNG-BRICKELL moved to adjourn debate on the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 71 (Doc Name housedesk\h-wm\011\sclbldgfund.doc):
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 520, paragraph 83, line 32, by striking /$20,000,000/ and inserting /$119,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY raised a Point of Order that Section 83 was out of order in that it was in violation of Code Section 11-11-140, which prohibits "wish list" spending.
Rep. HARRELL stated that Code Section 11-11-140 referred to general fund revenues, but Section 83 referred to a fund separate from the General Fund.
SPEAKER WILKINS stated that the amendment was not in violation of Code Section 11-11-140 because it did not pertain to General Fund Revenue. He therefore overruled the Point of Order.
Rep. EASTERDAY raised a Point of Order that Part IB Section 72.83 was out of order in that it was not in compliance with Rule 5.3A in that the Bill shall have attached a certificate from the Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes.
Rep. KIRSH explained the amendment.
Rep. FLEMING raised a Point of Order that under Rule 5.3B, Amendment No. 71 was out of order in that it had the effect of appropriating funds in excess of ten million dollars during the fiscal year and should include within the amendment the corresponding appropriation reduction and/or revenue increase within the same section.
Rep. KIRSH stated that according to the proposed amendment, any revenue above 50 million derived from regulations, license fees or taxation would be the source of money coming in and that the amendment would not cause a reduction in funding from any other source within the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. KIRSH moved to adjourn debate on the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 40 (Doc Name housedesk\h-wm\003\scodef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-X90, page 522, paragraph 83, line 30, by striking /6,000,000/ and inserting /3,273,000/
Amend the bill further, as and if amended, Section 72-X90, page 522, paragraph 83, line after line 31, by inserting:
A new item /Midlands Tec-Technology Center 5,000,000/
Amend the bill further, as and if amended, Section 72-X90, page 522, paragraph 83, line 32, by striking /5,000,000/ and inserting /2,727,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. STILLE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Barfield Barrett Battle Bauer Beck Brown G. Brown H. Brown J. Campsen Cato Chellis Clyburn Cooper Dantzler Easterday Edge Emory Fleming Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hinson Inabinett Jennings Keegan Kelley Kennedy Klauber Law Leach Lee Limehouse Lourie Lucas Maddox McCraw McGee McLeod M. McMahand Neal Neilson Ott Phillips Quinn Rhoad Riser Robinson Rutherford Sandifer Seithel Sheheen Smith D. Smith J. Smith R. Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Bales Cotty Davenport
Delleney Kirsh Knotts Koon Lloyd Martin Mason McLeod W. Meacham Miller Parks Pinckney Rice Rodgers Simrill Stille Taylor Townsend Wilder
So, the amendment was tabled.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 72, Amendment No. 40.
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of USC.
Rep. MARGARET GAMBLE
Reps. LUCAS, NEILSON & J. HINES proposed the following Amendment No. 3, which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-X90, General and Temporary, page 523, paragraph 83, line 16, by inserting, which was tabled.
/( )Governor's School for Science and Math-New Campus $6,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LUCAS explained the amendment.
Rep. HARRELL spoke against the amendment.
Reps. LOURIE, SCOTT, HARRISON, BALES, J. BROWN, NEAL, COTTY, QUINN, RUTHERFORD and J. SMITH proposed the following Amendment No. 36 (Doc Name \h-wm\007\midlands.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/(nn) Midlands Tech - Information Technology Center 5,280,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOURIE explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. QUINN moved to adjourn debate on the amendment, which was agreed to.
Rep. HAYES proposed the following Amendment No. 90 (Doc Name housedesk\h-wm\007\dillon.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by inserting:
/Dillon County Public Library 1,000,000./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. MCGEE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gilham
Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Mason McCraw Meacham Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Simrill Smith D. Smith R. Tripp Vaughn Walker Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Breeland Brown G. Brown J. Cobb-Hunter Davenport Emory Gamble Gourdine Govan Harris Hayes Hines J. Inabinett Jennings Lloyd Lourie Lucas Mack Maddox McGee McLeod M. McLeod W. McMahand Miller Neal Ott Parks Phillips Pinckney Rutherford Scott Sheheen Smith J. Taylor Wilder
So, the amendment was tabled.
Reps. QUINN, HASKINS, TRIPP, MADDOX and HARRISON proposed the following Amendment No. 134 (Doc Name:\h-wm\004\dnrlease.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, after line 18, by adding an appropriately numbered paragraph to read:
Rep. QUINN explained the amendment.
Rep. ALTMAN raised a Point of Order that Amendment No. 134 was out of order in that it was not germane to the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS stated that the amendment met the substantial effect test of Rule 5.3 and he therefore overruled the Point of Order.
Rep. QUINN continued speaking.
Rep. HASKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Bauer Beck Breeland Brown G. Campsen Cobb-Hunter Cotty Dantzler Delleney Emory Fleming Gamble Gourdine Govan Harvin Hines J. Howard Inabinett Keegan Kelley Kennedy Kirsh Koon Law Lee Limehouse Lloyd Lourie Mason McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Phillips Rhoad Riser Rutherford Sandifer Scott Sheheen Simrill Webb Whipper Wilder Witherspoon
Those who voted in the negative are:
Allison Barfield Barrett Battle Cato Chellis Cooper Davenport Easterday Edge Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hinson Jennings Klauber Knotts Leach Loftis Lucas Maddox McGee Meacham Parks Quinn Rice Robinson Rodgers
Seithel Smith D. Smith J. Smith R. Taylor Tripp Trotter Vaughn Walker Whatley Wilkins Woodrum Young-Brickell
So, the amendment was tabled.
Rep. HAMILTON proposed the following Amendment No. 147 (Doc Name housedesk\h-wm\008\paris.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 15, by striking /Charleston County Courthouse/State House Renov./ and inserting / Paris Mountain State Park Educational Building and Access Road/
Renumber items to conform.
Amend totals and title to conform.
Rep. HAMILTON explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. LIMEHOUSE moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 26.
Rep. EASTERDAY proposed the following Amendment No. 148 (Doc Name housedesk\h-wm\009\easter1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin Operated Devices, page 523, paragraph 83, line 15, by striking /(MM) Charleston County Courthouse /State House Renov. 1,000,000/ and increasing line 35 on page 520 / (d) bus purchases 1,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. TRIPP demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Barfield Barrett Battle Bauer Beck Breeland Brown G. Brown H. Campsen Chellis Clyburn Cobb-Hunter Dantzler Davenport Edge Emory Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hinson Inabinett Jennings Keegan Kelley Kennedy Knotts Koon Law Lee Limehouse Lloyd Lourie Mack McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Quinn Rhoad Riser Rutherford Scott Seithel Smith R. Webb Whatley Whipper Woodrum Young-Brickell
Those who voted in the negative are:
Allison Cato Cooper Cotty Delleney Easterday Hamilton Haskins Kirsh Klauber Loftis Lucas Mason Meacham Rice Robinson Sheheen Simrill Smith D. Smith J. Taylor
Tripp Trotter Vaughn Walker Wilder Wilkins Witherspoon
So, the amendment was tabled.
Rep. KEEGAN moved to adjourn debate on the Section, which was agreed to.
Rep. RHOAD moved that the House do now adjourn, which was agreed to.
Rep. HASKINS moved to reconsider the vote whereby Section 9 to Part IA was adopted and the motion was noted.
Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 2, 4, 5C, 5D, 5E, 5F, 5G, 5H, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MB, 5MDC, 4N, 6, 7, 9, 10, 12, 15, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54C, 54D, 54E, 54F, 56A, 56D, 57, 58, 60, 61, 62, 63B, 63C, 63D, 63E, 63F, 63H, 64, 65, 66, 69B and Part IB, Sections 2, 4, 5K, 5M, 5N, 7, 8, 10, 12, 15, 17, 19, 20, 21, 22, 23, 25, 30, 33, 38, 39, 40, 41, 42, 47, 48, 49, 50, 51, 53, 55, 58, 59, 60, 61, 62, 63D, 63E, 63F, 63H, 64, and 69B were adopted and the motion was noted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Part IA.
At 7:35 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Mary Astor Fleming Kitchens of Spartanburg, to meet at 9:30 A.M. tomorrow.
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