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:
O Lord God, near to all who seek You and the Support to all who follow You, give us the assurance of Your presence lest we be awed by difficulties and frightened by problems. Hold us by Your mighty right hand that we may be sufficient for every circumstance and condition. Amid all the voices that cry out, give us the willingness to hear Your voice to give us guidance. Deal charitably with our frailties and our littleness of faith. May Your truth be our shield, Your presence our strength. We pray in praise and thanksgiving. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Mitch Sizemore of Rock Hill, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 454 (Word version) -- Senator Land: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER
S. 598 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF
The following was introduced:
H. 3752 (Word version) -- Reps. Harvin and Askins: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY OF CHARLIE DORN SMITH, WHO DIED ON FEBRUARY 10, 1999.
The Resolution was adopted.
The following was introduced:
H. 3753 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3754 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis,
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Askins Bales Barfield Barrett Battle Bauer Bowers Breeland Brown H. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Hayes Hines J. Hinson Inabinett Keegan Kelley Kirsh Knotts Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Moody-Lawrence Ott Parks Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sheheen
Simrill Smith D. Smith F. Smith J. Smith R. Taylor Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum
I came in after the roll call and was present for the Session on Thursday, March 18.
Donald Allen George Bailey Scott Beck Ralph Canty Marion Carnell Bill Cotty Michael Easterday Grady Brown Anthony Harris Alex Harvin Terry Haskins John Hawkins Leon Howard Joe Brown Mack Hines Douglas Jennings Kenneth Kennedy James Klauber Steve Lanford James Law H.B. "Chip" Limehouse Becky Martin Vida Miller Joseph Neal Denny Neilson Olin Phillips Clementa Pinckney Todd Rutherford Lynn Seithel Charles Sharpe Harry Stille Elsie Stuart Theodore Brown Ronald Townsend Lewis Vaughn Timothy Wilkes Annette Young-Brickell Greg Delleney
DOCTOR OF THE DAY
Announcement was made that Dr. Donald Johnson of Mt. Pleasant is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper,
Bill Number: H. 3235 (Word version)
Date: ADD:
03/18/99 GILHAM
Bill Number: H. 3673 (Word version)
Date: ADD:
03/18/99 NEILSON
Bill Number: H. 3673 (Word version)
Date: ADD:
03/18/99 HAWKINS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 J. SMITH
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BATTLE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 LOURIE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BALES
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 LIMEHOUSE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 MCLEOD
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 MCCRAW
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 PHILLIPS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 WILDER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 HARVIN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 SHARPE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 MCGEE
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 JENNINGS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 ALLEN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BARFIELD
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 DELLENEY
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 TROTTER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 WITHERSPOON
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 T. BROWN
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 HARRIS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BECK
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 FLEMING
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BAUER
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 BOWERS
Bill Number: H. 3571 (Word version)
Date: ADD:
03/18/99 RHOAD
Bill Number: H. 3673 (Word version)
Date: ADD:
03/18/99 J. HINES
Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 72, Part IB:
PART IB
Reps. BOWERS, LLOYD, BAILEY, INABINET, RHOAD and PINCKNEY proposed the following Amendment No. 253 (Doc Name housedesk\wkb\transferche-mcallister.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-x90, CHE-McAllister, page 523, paragraph 83, line 6, by striking 1,700,000 /CHE-McAllister Square Renovation/ and inserting /1,560,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Reps. QUINN, HASKINS, TRIPP, MADDOX AND HARRISON proposed the following Amendment No. 293 (Doc Name housedesk\h-wm\004\dnrlease2.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:
/72. Prior to August 1, 1999, the Budget and Control Board shall conduct a public auction in which the high bidder shall be awarded a lease with the State of South Carolina for the exclusive hunting rights to the area generally known as the Santee Coastal Reserve. The funds from the lease of the property must be transferred to the Department of Natural Resources to be used for the sole purpose of managing the property as outlined in the lease. These funds may not be transferred or used for any other purpose. The terms of the lease shall be identical in all respects to the lease agreements existing between the Collins Creek Gun Club and/or the Santee Gun Club and the State of South Carolina or any of its agencies or departments, as of March 1, 1999. The term of the lease shall commence not later than September 1, 1999. Notwithstanding the foregoing, the lease shall provide that the public
Rep. QUINN explained the amendment.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. CAMPSEN spoke against the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. TRIPP spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Barrett Battle Bauer Bowers Brown H. Campsen Chellis Cobb-Hunter Dantzler Delleney
Emory Gamble Gilham Gourdine Govan Hamilton Harvin Hawkins Hines J. Hinson Howard Inabinett Keegan Kirsh Knotts Koon Lanford Lee Littlejohn Lloyd Loftis Lourie McCraw McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Ott Parks Phillips Pinckney Rhoad Riser Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Webb Whatley Whipper Wilder Witherspoon Woodrum
Those who voted in the negative are:
Breeland Brown J. Davenport Easterday Edge Fleming Harrell Harris Harrison Haskins Jennings Klauber Leach Lucas Mack Maddox Mason McGee Neal Quinn Rice Robinson Tripp Trotter Vaughn Walker Wilkes Wilkins
So, the amendment was tabled.
Reps. GOVAN, LLOYD and HOWARD proposed the following Amendment No. 301 (Doc Name housedesk\h-wm\007\scstdef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance 15,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. GOVAN 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 Cooper Cotty Dantzler Easterday Edge Gamble Gilham Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Littlejohn Loftis Lourie Lucas Martin Mason McGee Meacham Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith D. Smith R. Taylor
Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown T. Canty Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Pinckney Rutherford Sheheen Smith F. Stille Stuart Whipper Wilkes
So, the amendment was tabled.
Reps. GOVAN, LLOYD and HOWARD proposed the following Amendment No. 302 (Doc Name housedesk\h-wm\007\scstdef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance 10,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. INABINETT spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 39 to 19.
Rep. GOVAN proposed the following Amendment No. 303 (Doc Name housedesk\h-wm\007\scstdef7P5.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance 7,500,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KEEGAN moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Bauer Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Loftis Lucas Martin Mason Meacham Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Taylor Tripp Trotter Vaughn Webb Wilkins Witherspoon
Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Pinckney Rutherford Sheheen Smith F. Stille Stuart Townsend Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 305 (Doc Name housedesk\h-wm\009\vpdefm15p1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, paragraph 83, as previously amended by adopted Amendment No. 290, by amending page 2 of the amendment to read:
/(I) SC State - Emergency Funding and Transportation Center Match 2,500,000
(J) SC State - Deferred Maintenance 15,100,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. COBB-HUNTER 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 Easterday Edge Fleming Gamble Hamilton Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Lucas Martin Mason McCraw Meacham Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith D. Taylor Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox
McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Parks Pinckney Rutherford Stille Stuart Townsend Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 306 (Doc Name housedesk\h-wm\009\vpdefm7p5.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, paragraph 83, as previously amended by adopted Amendment No. 290, by amending page 2 of the amendment to read:
/(I) SC State - Emergency Funding and Transportation Center Match 2,500,000
(J) SC State - Deferred Maintenance 7,500,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GOVAN explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. NEAL 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 Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Law Leach Littlejohn Loftis
Lucas Martin Mason McCraw McGee Meacham Neilson Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith D. Smith R. Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Ott Phillips Pinckney Rutherford Sheheen Stuart Townsend Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. EASTERDAY and CAMPSEN proposed the following Amendment No.313 (Doc Name housedesk\h-wm\004\vpok1b2.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting, /Each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, any Tax
Rep. EASTERDAY explained the amendment.
Rep. EASTERDAY moved to adjourn debate on the amendment, which was agreed to.
Rep. NEAL proposed the following Amendment No. 312 (Doc Name housedesk\h-wm\002\lowman.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 522, paragraph 83, line 13, by inserting:
/SC State-Lowman Hall renovation $6.1 million/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. NEAL 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 Cooper Cotty Dantzler Easterday Edge Gamble Gilham Hamilton Harrell Haskins Hinson Keegan Kelley Kirsh Klauber Koon Law Leach Littlejohn Loftis Lourie Lucas Martin Mason McGee Meacham Neilson Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D.
Smith R. Taylor Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard Inabinett Kennedy Lee Lloyd Mack McLeod M. McLeod W. Moody-Lawrence Neal Ott Parks Phillips Pinckney Rutherford Sheheen Smith F. Stille Stuart Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. NEAL proposed the following Amendment No. 310 (Doc Name housedesk\h-wm\002\hodgehall.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 83, line 33, opposite SC State - Hodge Hall Renovation by striking /$4,000,000/ and inserting /$10,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEAL explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. COBB-HUNTER 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 Cooper Cotty Dantzler Easterday Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Lourie Lucas Martin Mason McCraw McGee Meacham Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith D. Smith R. Taylor Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Howard
Inabinett Jennings Kennedy Lee Lloyd Mack Maddox McLeod M. McLeod W. McMahand Miller Neal Neilson Ott Phillips Pinckney Rutherford Sheheen Smith F. Smith J. Stille Stuart Whatley Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. RODGERS proposed the following Amendment No. 307 (Doc Name housedesk\council\pt\amend\1371dw99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, page 523, line 6, opposite /(dd) CHE - McAllister Square Renovation/, by striking /1,700,000/ and inserting / 700,000 /
Amend further, by adding. immediately following line 15, an appropriately lettered subsection to read:
/ ( ) Moor Hall Renovation at Technical College of the Low Country 1,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RODGERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Reps. WALKER, LITTLEJOHN, HAWKINS, DAVENPORT, LEE, ALLISON and D. SMITH proposed the following Amendment No. 317 (Doc Name housedesk\h-wm\007\walker.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line after line 15, by adding an appropriately numbered paragraph to read:
/USC - Spartanburg - Information Resource complex 2,700,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Reps. CARNELL, ROBINSON and SHEHEEN proposed the following Amendment No. 280 (Doc Name \h-wm\003\arcc.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read:
/Active retired Circuit Court Judges shall receive a five hundred dollars per month expense allowance as authorized in proviso 30.4 for Supreme Court Justices, Court of Appeals Judges, Family Court Judges and Circuit Court Judges./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Reps. KELLEY and MILLER proposed the following Amendment No. 320 (Doc Name housedesk\h-wm\006\kelley santee.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/No Department of Natural Resources employee, member of the Board of the Department of Natural Resources, or a member of the immediate family of a DNR employee or Board member may use the Santee Coastal Reserve in any other manner than it may be used by the public./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KELLEY explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 320 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. ROBINSON argued contra.
Rep. SHEHEEN argued contra.
SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.
Rep. KELLEY continued speaking.
Rep. SHARPE moved to table the amendment, which was rejected.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. OTT proposed the following Amendment No. 227 (Doc Name housedesk\h-wm\004\lakmar1m.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, page 520, paragraph 83, line 27, by striking:/Education//
Amend the bill further, as and if amended, Section 72, page 520, paragraph 83, line 29, by striking:/educational/
Amend the bill further, as and if amended, Section 72, page 523, paragraph 83, after line 15, by inserting: /Lake Marion Regional Water Project 1,000,000//
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
Rep. TRIPP proposed the following Amendment No. 257 (Doc Name housedesk\h-wm\007\autotax2.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting after "educational purposes" /and tax relief/
Amend the bill further, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/Automobile Tax Relief 35,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP moved to table the amendment, which was agreed to.
Rep. STUART proposed the following Amendment No. 259 (Doc Name housedesk\council\dka\amend\3323mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds $20,000,000/ and inserting:
/ School Building Funds $170,000,000 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety.
Amend further, Section 72, General and Temporary, paragraph 83, page 523, by striking lines 1 through 17 in their entirety, and insertion:
/ Total -Video Poker/Other Funds $300,000,000 /.
Reletter items to conform
Renumber sections to conform.
Amend totals and title to conform.
Rep. STUART moved to table the amendment, which was agreed to.
Rep. HOWARD proposed the following Amendment No. 183 (Doc Name housedesk\h-wm\007\scstate15.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 522, paragraph 83, line 30, by striking /6,000,000/ and inserting /4,000,000/
Amend the bill further, as and if amended, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/(nn) SC State - Deferred Maintenance 2,000,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOWARD explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. KENNEDY proposed the following Amendment No. 262 (Doc Name housedesk\h-wm\007\transport.doc), which was tabled.
Rep. KENNEDY explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. M. MCLEOD proposed the following Amendment No. 143 (Doc Name housedesk\h-wm\004\psaprt.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, Clemson PSA, Department of Parks, Recreation & Tourism, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/Clemson PSA must transfer $180,000 to the Department of Parks, Recreation & Tourism for the purposes of managing the rural recreation program the Department of Parks, Recreation & Tourism may contract with Clemson PSA to implement aspects of the program to meet the intent of the General Assembly.
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. MCLEOD explained the amendment.
Rep. KOON spoke against the amendment.
Rep. M. MCLEOD spoke in favor of the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
Reps. WALKER, ALLISON, HAWKINS, LEE, DAVENPORT, LANFORD, D. SMITH and LITTLEJOHN proposed the following Amendment No. 326 (Doc Name \council\pt\amend\1380ac99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Temporary Provisions, Section 72, General & Temporary, page 523, paragraph 83, after line 15, by adding an appropriately lettered item to read:
/ ( ) Spartanburg Tech - Student Services Building 2,700,000 /
Rep. WALKER explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. H. BROWN moved that the House recede until 1:45 P.M., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 72, Part IB.
At 1:45 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 amendments to Section 72, Part IB.
PART IB
SECTION 72 -- AMENDED AND ADOPTED
Reps. ROBINSON, D. SMITH, TRIPP, QUINN, H. BROWN, WILKINS, HARRELL, KELLEY, EDGE, HASKINS, CAMPSEN, BARRETT, NEILSON, KNOTTS, LEE, SEITHEL, TROTTER, COOPER, CATO, HARRISON, SHARPE, LUCAS, MCGEE, DAVENPORT, KIRSH, INABINETT, CHELLIS, MEACHAM, SANDIFER, WOODRUM, RICE, MASON, ALTMAN, R. SMITH, YOUNG-BRICKELL, DELLENEY, SIMRILL, TAYLOR, BAUER,
(2) Twenty-four million dollars is provided herein for reduction in the sales and use tax on food in Fiscal Year 1999-00. These funds must be used to offset a reduction in revenues resulting from reducing the sales tax rate on food from five to four percent, effective January 1, 2000. It is the intent of the General Assembly to eliminate the state sales tax on food by reducing the applicable rate in annual increments of one percent so that food sales are wholly exempt from state sales tax after December 31, 2003.
(3) If revenue derived from regulations, licensing fees, or taxation of coin-operated devices licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code does not exceed $150,000,000, in order to fund the items listed in this paragraph, each item funded in the first $150 million, excluding First Steps and Department of Education (H63) items, must be reduced pro rata to ensure that tax relief is funded at $35,000,000.
(B) (GP: Coin-Operated Devices - Education Fund) any revenue above $50 million derived from regulations, licensing fees, or/
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Rep. D. SMITH explained the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. VAUGHN moved to divide the question.
Rep. TRIPP raised a Point of Order that the motion to divide the question was in violation of Rule 8.10. He stated that a portion of the amendment, if divided, could not stand alone.
SPEAKER WILKINS stated that a portion of the amendment, if divided, could not stand alone as a separate question and therefore could not be divided. He therefore sustained the Point of Order and stated that the motion to divide the question in this particular manner was out of order.
Rep. VAUGHN moved to divide the question.
Rep. EDGE moved to table the motion.
Rep. VAUGHN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown H. Brown J. Brown T. Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Easterday Edge Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks
Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith D. Smith J. Smith R. Stuart Taylor Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Brown G. Carnell Cooper Davenport Delleney Emory Leach Loftis McLeod W. Sheheen Stille Vaughn Wilkes
So, the motion to divide the question was tabled.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge
Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hines J. Hines M. Hinson Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Canty Vaughn
So, the amendment was adopted.
Rep. RODGERS proposed the following Amendment No. 331 (Doc Name housedesk\council\dka\amend\3338ac99.doc), which was tabled.
Rep. RODGERS explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. RODGERS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Barrett Battle Bauer Beck Brown H. Brown T. Campsen Canty Cato Chellis Cooper Cotty Dantzler Delleney Easterday Emory Fleming Gamble Gourdine Hamilton Harris Haskins Hayes Hines J. Hines M. Hinson Howard Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Loftis Lourie Lucas Maddox Martin Mason McCraw McLeod M. McMahand Meacham Moody-Lawrence Neal Neilson Ott Phillips Rice Riser Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith J. Smith R. Taylor
Townsend Trotter Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bowers Cobb-Hunter Gilham Govan Kennedy Lee Lloyd McGee McLeod W. Pinckney Rhoad Rodgers Stille Stuart
So, the amendment was tabled.
I was temporarily out of the chamber but would have voted in favor of Amendment No. 331.
Rep. H. B. LIMEHOUSE
Rep. QUINN proposed the following Amendment No. 296 (Doc Name housedesk\h-wm\002\federal.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read, which was adopted.
/No state funds or Medicaid funds shall be expended to perform abortions, except for those abortions mandated by federal law under the Medicaid program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 296 was out of order in that it was not germane to the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS overruled the Point of Order.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day due to family illness.
The SPEAKER granted Rep. DAVENPORT a leave of absence for the remainder of the day.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Breeland Brown J. Brown T. Cobb-Hunter Gourdine Govan Harvin Hines J. Hines M. Howard Kennedy Lee Lloyd Mack McMahand Miller Moody-Lawrence Neal Parks Pinckney Rhoad Rutherford Scott Whipper
Those who voted in the negative are:
Altman Askins Bales Barfield Barrett Battle Bauer Beck Bowers Campsen Cato Chellis Clyburn Cotty Davenport Delleney Easterday Emory Fleming Gamble Gilham Hamilton Harris Haskins Hayes Hinson Keegan Kirsh Knotts Lanford Leach Limehouse Littlejohn
Loftis Lourie Lucas Maddox Mason McCraw McGee McLeod M. McLeod W. Meacham Neilson Ott Phillips Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. SIMRILL, HASKINS and ROBINSON proposed the following Amendment No. 209 (Doc Name \h-wm\002\chemabort.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph, line 18, by adding an appropriately numbered paragraph to read:
/No state funds will be expended on any birth control methods which induce chemical abortions./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Section 72 as amended was adopted.
Section 1 was adopted.
Rep. HARRELL proposed the following Amendment No. 88 (Doc Name housedesk\council\gjk\amend\20404std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, beginning on page 524 by striking SECTION 2 and inserting:
TO AMEND CHAPTER 63 OF TITLE 59 OF THE 1976 CODE, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 2000-2001 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER LOCAL SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED INCLUDING THE PROVISION OF FUNDING FOR EXISTING ALTERNATIVE SCHOOL PROGRAMS FOR FISCAL YEAR 1999-2000; AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
A. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to authorize local district school boards throughout the State to establish alternative school programs. These programs shall be designed to meet the needs of students who have a history of disruptive behavior in school or who have committed a serious offense that warrants out-of-school suspension or expulsion from school according to the student conduct policies and behavior codes approved by the local school board of trustees. It is further the intent of this article that cooperative agreements may be developed among local school districts in order to implement innovative exemplary programs.
Section 59-63-1310. For the purposes of this article:
(1) 'Disruptive behavior' means behavior that interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. It also means behavior that results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom or severely threatens the general welfare of students or others with whom the student comes into contact.
(2) 'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students.
Section 59-63-1320. Beginning with the school year 2000-2001, the governing boards of all local public school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. Local public school districts which elect to establish alternative school programs before school year 2000-2001 when all districts are required to have such programs must do so in the manner required by this chapter and shall be provided state funding for these programs as provided in Section 59-63-1370. These programs shall be provided for, but not limited to, the following categories of students in grades 6-12:
(1) any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the local school board of trustees;
(2) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the local school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the local school board of trustees;
(3) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the local school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;
(4) any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.
Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.
When students are being considered for placement in an alternative school program, local districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).
If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.
Section 59-63-1325. Nothing in this chapter shall abrogate, usurp, or diminish the authority of any local public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the local district and school board, regardless of the offense, record of the child, or other information presented from any source.
Section 59-63-1340. Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards to include plans for utilization of available technology, strict codes of student conduct,
The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State; provided, nothing herein shall prohibit local school districts or the South Carolina Department of Education, or both, from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.
Alternative school programs are authorized to use corporal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporal punishment unless the punishment is performed in a grossly negligent manner.
Section 59-63-1350. Each local school district shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population. Each local school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to local school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1360. A local school district shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines.
Section 59-63-1370. A local school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.49 in fiscal year 1999-2000, and 1.74 in fiscal year 2000-2001 and thereafter. Funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350.
Section 59-63-1375. The local board of trustees of a school district or consortium of local public school districts may contract with a private entity to provide any portion of the alternative school program, but, in no event, shall the local board of trustees of a public school district be relieved of their responsibility to provide an alternative school program.
Section 59-63-1380. The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual alternative school program review and evaluation of its success. The regulations shall require the minimum amount of paperwork and reporting necessary to comply with this article.
Upon request of a local school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."
B. Section 59-18-1900 of the 1976 Code is repealed.
C. This section takes effect July 1, 1999./
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 2 as amended was adopted.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Rep. GAMBLE proposed the following Amendment No. 174 (Doc Name housedesk\council\gjk\amend\20422AC99.doc):
Amend the bill, as and if amended, PART II, Permanent Provisions, page 530, by deleting SECTION 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Brown H. Chellis Cooper Edge Harrell Keegan Sandifer Smith R. Webb Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Breeland Brown G. Brown J. Campsen Canty Carnell Cato Clyburn Cobb-Hunter Cotty Dantzler Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Harrison
Harvin Hayes Hines M. Hinson Howard Kirsh Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rice Robinson Rodgers Rutherford Scott Seithel Sharpe Sheheen Simrill Smith J. Stille Stuart Taylor Tripp Trotter Vaughn Walker Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN moved to adjourn debate on the Section, which was agreed to.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Rep. KIRSH proposed the following Amendment No. 53 (Doc Name housedesk\council\bbm\amend\9107som99.doc), which was tabled.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 24, by adding after /Committee/ / and the Senate Finance Committee /
Amend the bill further, as and if amended, PART II, Section 11, Section 56-5-2990(E), page 536, line 37, after / applicant. / by striking / If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. LANFORD moved to table the amendment, which was agreed to by a division vote of 37 to 36.
Rep. CATO proposed the following Amendment No. 319 (Doc Name c:\windows\catomandate.doc), which was adopted.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 38, by inserting after the word family, "based solely on the suspension,"
Renumber sections to conform
Amend totals and title to conform.
Rep. CATO explained the amendment.
Rep. H. BROWN moved to table the amendment, which was rejected.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 341 (Doc Name housedesk\council\bbm\amend\9107som99.doc), which was adopted.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 24, by adding after /Committee/ / and the Senate Finance Committee /
Renumber sections to conform.
Amend totals and title to conform.
Section 11 as amended was adopted.
Reps. Sharpe, Witherspoon, Ott, Koon and Gourdine proposed the following Amendment No. 7 (Doc Name \PSD\AMEND\7296AC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by deleting Section 12 on page 537 and inserting:
/ SECTION 12
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NON-RESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS.
Section 50-9-510(3) and (6) of the 1976 Code, as last amended by Act 372 of 1996, are further amended to read:
"(3) For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for seventeen dollar twenty dollars, of which one dollar two dollars may be retained by the issuing agent.
(6) For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for seventy-five one hundred dollars, of which two dollars may be retained by the issuing agent." /
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Rep. SHARPE explained the amendment.
Rep. SHARPE continued speaking.
Rep. SHARPE spoke in favor of the amendment.
Rep. TRIPP moved to table the Section.
Rep. SHARPE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Bales Cato Cooper Cotty Fleming Gamble Haskins Limehouse Loftis McMahand Phillips Stille Tripp
Those who voted in the negative are:
Allen Askins Barfield Barrett Battle Bauer Bowers Brown H. Brown J. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Dantzler Delleney Edge Emory Gourdine Hamilton Harris Harrison Harvin Hayes Hines J. Hinson Howard Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Leach Littlejohn Lloyd Lourie Lucas Maddox Mason McCraw McGee McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neilson Ott Parks Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stuart Taylor Townsend Trotter Vaughn Webb Whatley
Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the Section.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 12 as amended was adopted.
Rep. STILLE proposed the following Amendment No. 31 (Doc Name COUNCIL\NBD\AMEND\11233JM99), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 13, by striking line 2 on page 538 and inserting:
/ hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four dollars, of /
Amend totals and title to conform.
Rep. STILLE explained the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 23 to 43.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 13 as amended was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Reps. J. SMITH, LOURIE, BATTLE, JENNINGS and ALLEN proposed the following Amendment No. 239:
Amend the bill, as and if amended, Part IB, Section, Department of Education-EIA, page 410, paragraph, line 2, by adding an appropriately numbered paragraph to read,
/From the balance of unexpended EIA funds at the end of FY 1998-99, $200,000 must be provided to the School Improvement Council Assistance program./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. ROBINSON 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.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 4 (Doc Name COUNCIL\KGH\AMEND\15437HTC99), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 23, page 550, line 14, by striking / Three thousand dollars /
Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.
Section 23 as amended was adopted.
Section 24 was adopted.
Section 25 was adopted.
Section 26 was adopted.
Rep. HARRELL proposed the following Amendment No. 5 (Doc Name COUNCIL\KGH\AMEND\15438HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 27, page 553, by striking line 35 and inserting:
/ employee or a temporary or permanent employee. If an employer /.
Amend further, SECTION 27, page 554, by striking line 14 and inserting:
/ part-time employee or a temporary or permanent employee. If an /.
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 27 as amended was adopted.
Section 28 was adopted.
Section 29 was adopted.
Section 30 was adopted.
Rep. KIRSH proposed the following Amendment No. 54 (Doc Name housedesk\council\pt\amend\1375som99.doc), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking Section 31, as contained on page 556 at lines 3 through 16, in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. SCOTT 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 43 to 17.
Rep. KIRSH proposed the following Amendment No. 304 (Doc Name housedesk\council\pt\amend\1370dw99.doc), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 556, SECTION 31, line 13 by striking /eighty-nine/ and inserting / six /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. SCOTT 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 48 to 21.
Section 31 was adopted.
Section 32 was adopted.
Section 33 was adopted.
Section 34 was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 37 was adopted.
Rep. HARRISON proposed the following Amendment No. 132 (Doc Name housedesk\council\bbm\amend\9120std99.doc), which was adopted.
Amend the bill, as and if amended, Part II, page 559, Section 38, by inserting after /DEPARTMENT/ on line 31 / and the Reserve Components of the United States Armed Forces / and by inserting after /Department/ on line 37 /and the Reserve Components of the United States Armed Forces /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. KIRSH raised a Point of Order that Section 38 was not germane to the Bill and therefore should be stricken in its entirety from the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. HARRISON continued speaking.
The amendment was then adopted.
Section 38 as amended was adopted.
Section 39 was adopted.
Rep. KIRSH proposed the following Amendment No. 55 (Doc Name COUNCIL\NBD\AMEND\11229JM99), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking SECTION 40 (as contained on page 560 at lines 19 through 37 and on page 561 at lines 1 through 10) in its entirety.
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Rep. KIRSH explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
Section 40 was adopted.
Rep. GAMBLE proposed the following Amendment No. 174 (Doc Name housedesk\council\gjk\amend\20422AC99.doc), which was tabled.
Amend the bill, as and if amended, PART II, Permanent Provisions, page 530, by deleting SECTION 6 in its entirety.
Renumber sections to conform.
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Rep. GAMBLE moved to table the amendment, which was agreed to.
Reps. GAMBLE and SHEHEEN proposed the following Amendment No. 343 (Doc Name \council\gjk\amend\20434ac99.doc), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 6, page 530, line 16, by deleting /four two / and inserting / four /
Renumber sections to conform.
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Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Section 6 as amended was adopted.
Rep. ROBINSON proposed the following Amendment No. 329 (Doc Name housedesk\council\dka\amend\3334mm99.doc), which was tabled.
Amend the bill, as and if amended, SECTION 17, Part II, page 540, line 4, by striking /clerk of court/ and inserting / clerk of court public defender;
line 5, by striking /clerk/ and inserting /clerk public defender /;
line 6, by striking /clerk/ and inserting /public defender /;
line 8, by striking /clerk of court/ and inserting / clerk of court public defender /; and
line 11, by striking /clerk of court/ and inserting / public defender /.
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Rep. ROBINSON explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Section 17 was adopted.
Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20398STD99), which was adopted.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 59-40-50 OF THE 1976 CODE, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
Section 59-40-50(B)(6) of the 1976 Code is amended to read:
"(6) Admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations, and state formula funding for a charter school as provided in Section
Rep. ALTMAN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill under Rule 5.3.
Rep. ALTMAN argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. ALTMAN continued speaking.
Rep. SCOTT moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Battle Bowers Breeland Brown G. Brown J. Canty Clyburn Cobb-Hunter Edge Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Jennings Kennedy Lee Lloyd Lourie Lucas Mack McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neilson Ott Parks Pinckney Rhoad Rutherford Scott Smith J. Stuart Wilder
Wilkes
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Bauer Beck Campsen Cato Chellis Cooper Cotty Dantzler Delleney Easterday Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McGee Meacham Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken, resulting as follows:
Allison Altman Barfield Barrett Bauer Beck Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Maddox Martin Mason McCraw McGee Meacham Miller Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown J. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Jennings Kennedy Lee Lloyd Lourie Mack McLeod M. McLeod W. McMahand Moody-Lawrence Neilson Ott Parks Pinckney Rhoad Rutherford
Scott Smith J. Stuart Wilder Wilkes
So, the amendment was adopted.
Please record my vote as negative on Amendment No. 6.
Rep. GRADY BROWN
Rep. HARRELL moved to reconsider the vote whereby Amendment No. 6 was adopted.
Rep. EASTERDAY moved to table the motion to reconsider, which was agreed to.
Rep. W. MCLEOD proposed the following Amendment No. 12 (Doc Name COUNCIL\KGH\AMEND\15475HTC99), which was ruled out of order.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered item at the end:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO RAISE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS ON MOTOR VEHICLES, MOTORCYCLES, BOATS, AIRCRAFT, TRAILERS, RECREATION VEHICLES, AND CERTAIN SELF-PROPELLED CONSTRUCTION EQUIPMENT.
A. Section 12-36-2110(A) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"(A) The maximum tax imposed by this chapter is three five hundred dollars for each sale made or lease executed after June 30, 1984 1999, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3)motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three five hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be in writing and specifically state the term of, and remain in force for, a period in excess of ninety continuous days."
B. This section takes effect July 1, 1999, and applies only to sales made and leases executed after June 30, 1999, of tangible personal property. /
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Rep. W. MCLEOD explained the amendment.
Rep. ROBINSON raised a Point of Order that Amendment No. 12 was out of order in that it was in violation of Code Section 11-11-440, which prohibits general tax increase in the permanent provisions of the General Appropriations Bill.
Rep. MCLEOD argued contra.
SPEAKER WILKINS stated that he would base his ruling on a similar 1998 Point of Order which was sustained. He stated further that in the 1998 Point of Order he had ruled that a similar amendment applied to more than 50% of the population. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. QUINN proposed the following Amendment No. 44 (Doc Name housedesk\council\bbm\amend\9105mm99.doc), which was adopted.
TO AMEND SECTION 8-11-83, AS AMENDED, OF THE 1976 CODE, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF STATE EMPLOYEES SO AS TO PROVIDE FOR PAYROLL DEDUCTIONS FOR DUES FOR THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS ASSOCIATION.
A. The last paragraph of Section 8-11-83 of the 1976 Code, as last amended by Act 111 of 1995, is further amended to read:
Dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers Association may also may be deducted from the compensation of state employees and retirees and paid over to this association these associations in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers Association.
B. This section takes effect July 1, 1999. /
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Rep. QUINN explained the amendment.
The SPEAKER granted Rep. MEACHAM a temporary leave of absence.
Rep. QUINN continued speaking.
The amendment was then adopted by a division vote of 40 to 28.
Rep. COBB-HUNTER proposed the following Amendment No. 81 (Doc Name housedesk\council\gjk\amend\20402std99.doc):
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE
"Section 9-1-1605. (A) Notwithstanding any other provision of law, the limitation on the amount of earnings in any fiscal year a retiree may receive from a covered employer under the State Retirement System without the loss of retirement benefits does not apply to the earnings a retired teacher who is certified to teach in South Carolina receives if:
(1) teaching in critical need subject areas, critical need school districts, or critical rural schools as defined by the State Department of Education; or
(2) teaching in an impaired school or in a school or school district which currently is rated as 'unsatisfactory' or 'below average' under the Education Accountability Act of 1998.
(B) The provisions of this section are supplemental and in addition to the provisions of Section 9-1-1600."/
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Rep. COBB-HUNTER explained the amendment.
Rep. EASTERDAY raised a Point of Order that Amendment No. 81 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. COBB-HUNTER argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. KELLEY raised a Point of Order that Amendment No. 81 was out of order in that it violated the Equal Protection Clause.
SPEAKER WILKINS stated that as the Speaker of the House he could rule on procedural constitutional matters, but could not rule on substantive constitutional matters. He further stated that the Equal Protection Clause was a substantive constitutional matter. He therefore overruled the Point of Order.
Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 82 (Doc Name housedesk\council\gjk\amend\20399std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-20-60, AS AMENDED, OF THE 1976 CODE, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL STUDY THE FUNDING FORMULAS FOR PUBLIC EDUCATION IN THIS STATE TO DETERMINE IF THEY ARE ADEQUATE AND EQUITABLE AND ALSO THE ISSUE OF UNFUNDED MANDATES CAUSED BY NEW EDUCATIONAL INITIATIVES.
Section 59-20-60(10) of the 1976 Code is amended to read:
"(10) A twelve-member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee must shall be made up of three representatives from each of the following committees of the General Assembly - : Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means - appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations.
The committee also shall study the funding formulas for public education in this State to determine if they are adequate and equitable and the issue of unfunded mandates caused by new educational initiatives. These unfunded mandates include, but are not limited to, such things as the need for additional summer school, alternative schools, and more preparation time required for teachers. The committee's findings shall be compiled in a report to be presented to the General Assembly by January 15, 2000."/
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Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 83 (Doc Name housedesk\council\gjk\amend\20400std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT A PERSON NOT CERTIFIED TO TEACH IN THIS STATE WHO POSSESSES PECULIAR EXPERTISE IN A SUBJECT AREA OF CRITICAL NEED AS DETERMINED BY THE STATE DEPARTMENT OF EDUCATION OR WHO HAS PECULIAR KNOWLEDGE AND EXPERTISE NECESSARY TO TEACH A VOCATIONAL SKILL MAY BE AWARDED A CONDITIONAL TEACHING CERTIFICATE FOR UP TO THREE YEARS UNDER CERTAIN CONDITIONS.
The 1976 Code is amended by adding:
"Section 59-26-35. A person not certified to teach in this State who possesses peculiar expertise in a subject area of critical need as determined by the State Department of Education or who in vocational areas has peculiar knowledge and expertise in the skills and abilities necessary to perform that vocation may be awarded a conditional teaching certificate to teach that subject of critical need or that particular vocation. The expertise required for this conditional certification must be specified by the State Board of Education. The state board may renew such a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. Satisfactory progress is that progress that the holder of a conditional certificate should complete in order to meet the requirements for full certification within three years of being conditionally certified."/
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Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. Scott proposed the following Amendment No. 137 (Doc Name COUNCIL\PSD\AMEND\7304JM99), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding the following appropriately-numbered SECTION to read:
/ SECTION _____
TO AMEND SECTION 1-23-500, AS AMENDED, OF THE 1976 CODE, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO DELETE THE PROVISION THAT THE ADMINISTRATIVE LAW JUDGES SHALL BE PART OF THE STATE EMPLOYEE RETIREMENT SYSTEM; AND TO AMEND SECTION 9-8-10, RELATING TO DEFINITIONS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT THE DEFINITION OF "JUDGE" INCLUDES A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.
A. Section 1-23-500(A) of the 1976 Code, as added by Section 19 of Act 181 of 1993, and amended by Section 9 of Act 452 of 1994, is further amended to read:
"(A) There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the The division shall initially consist consists of three administrative law judges and shall consist of a total of a total of consists of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system."
B. Section 9-8-10(16) of the 1976 Code is amended to read:
"(16) 'Judge' means a justice of the Supreme Court, or a judge of the court of appeals, circuit or family court, or of the administrative Law Judge division of the State of South Carolina this State."
C. This section takes effect June 1, 2000./
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Rep. SCOTT explained the amendment.
Rep. KIRSH raised a Point of Order that Amendment No. 137 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. SCOTT argued contra.
Rep. QUINN argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. SCOTT continued speaking.
Rep. KIRSH moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bauer Beck Bowers Carnell Chellis Cotty Dantzler Edge Emory Fleming Gamble Gilham Harrell Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Limehouse Littlejohn Lucas Martin Mason McLeod W. Miller Neilson Ott Phillips Rice Rodgers Sandifer Seithel Sheheen Simrill Smith R. Stille Stuart Taylor Townsend Trotter Walker Webb Whatley Wilder Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Altman Bales Breeland Brown H. Brown J. Campsen Cato Clyburn Easterday
Govan Harris Harrison Harvin Haskins Hayes Hines J. Hines M. Howard Jennings Kennedy Lee Lloyd Loftis Lourie Mack Maddox McCraw McGee McMahand Moody-Lawrence Parks Pinckney Quinn Riser Scott Smith J. Tripp Vaughn Wilkins
So, the amendment was tabled.
I was out of the chamber when the vote on Amendment Number 137 was taken. Had I not been away from my desk, I would have voted to table Amendment Number 137.
Rep. ALFRED ROBINSON, JR.
Rep. ALTMAN proposed the following Amendment No. 141 to (Doc Name COUNCIL\KGH\AMEND\15436HTC99), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
POSTPONING TO PROPERTY TAX YEAR 2001 THE IMPLEMENTATION OF REVISED VALUES OF REAL PROPERTY RESULTING FROM A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM COMPLETED IN 1998 OR 1999.
Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the implementation of revised real property values resulting from a countywide reassessment and equalization program completed in 1998 or 1999 is postponed until property tax year 2001. /
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Rep. ALTMAN explained the amendment.
Rep. EMORY raised a Point of Order that Amendment No. 141 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. HARRELL argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. ALTMAN proposed the following Amendment No. 142 (Doc Name COUNCIL\KGH\AMEND\15439HTC99), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION at the end, appropriately numbered, to read:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, TO INCLUDE AMOUNTS EXEMPTED IN THE CALCULATION OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE APPLICATION OF THIS EXEMPTION BY LOCAL ORDINANCE FOR EQUALIZATION PLANS IMPLEMENTED IN 1998.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) An amount of fair market value of a parcel of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program. The exemption allowed by this item does not apply to real property valued for property tax purposes by the unit valuation method, nor does it apply to value attributable to permanent improvements made to the real property at any time after the implementation of the most recently completed countywide equalization program. If the real property is transferred, this exemption is not transferred with the property. The value of the property in the hands of the transferee is the value of the property as determined by law without the exemption allowed the transferor by this item.
(b) In the case of real property classified pursuant to Section 12-43-220(c), a transfer is deemed not to have occurred for purposes of this item if the transfer is one of the following:
(i) between spouses;
(ii) from a deceased spouse to a surviving spouse by devise or operation of law;
(iii) in any manner in which the surviving spouse retains the property tax exemption allowed pursuant to Section 12-37-250 or would have retained the exemption but for the age of the surviving spouse;
(iv) to a former spouse pursuant to equitable distribution arising out of the dissolution of a marriage.
(c) In the case of all real property other than as provided in subitem (b) of this item, a transfer is deemed not to have occurred for purposes of this item if the transfer is a transaction in which gain is not recognized and is described in Section 351, 355, 368, or 721 of the Internal Revenue Code of 1986, as defined in Section 12-6-40(A).
(d) Notwithstanding any other provision of law, the assessed value of property exempted from property tax by this item is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
B. This section is effective for increases in value of real property attributable to countywide appraisal and equalization programs implemented after 1998. However, the governing body of a county by ordinance may provide that this act applies for increases in value of real property attributable to a countywide appraisal and equalization program implemented in the county after 1997, but no refund of property tax is due because of the exemption allowed by the ordinance. In a county in which such an ordinance is enacted, the rollback millage calculated pursuant to Section 12-37-251(E) for the 1998 property tax year must be recalculated to reflect values exempted by this act, and this recalculated rollback millage applies for purposes of Section 6-1-320 for property tax years beginning after 1998, except for motor vehicle tax years beginning in 1999, in which case the 1998 millage applies. /
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Rep. ALTMAN explained the amendment.
Rep. WALKER raised a Point of Order that Amendment No. 142 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. BAILEY, HARRIS, HAYES and JENNINGS proposed the following Amendment No. 145 (Doc Name PSD\7302JM99), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding the following appropriately numbered SECTION to read:
TO AMEND SECTION 9-8-50 OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR THE PURPOSE OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REVISE THE DATE AFTER WHICH SERVICE CREDIT MAY NOT BE ESTABLISHED IN THAT RETIREMENT SYSTEM FOR ACTIVE MILITARY SERVICE.
A. Section 9-8-50(3) of the 1976 Code is amended to read:
"(3) Any A member with two or more years of credited service shall receive additional credited service for the period of his active military service, at the rate of one year of military service for each two years of his credited service excluding any period of credited military service, if he was discharged or separated from the military service under conditions other than dishonorable, and pays to the system, by a single payment prior to before his retirement or death or by such other method as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his becoming a member of the system, such payments shall must be determined on the basis of what a member in the position contributed for the same period of time plus interest. No member shall receive credit for more than six years of military service and such duty
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. NEAL, EMORY, BALES, PARKS, LLOYD, LEE and SCOTT proposed the following Amendment No. 171 (Doc Name housedesk\council\dka\amend\3302mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING.
The 1976 Code is amended by adding:
"Section 59-5-135. (A) The General Assembly finds that:
(1) reading is the most important academic skill and the basis for success in school and work;
(2) test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and
(3) it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.
(B) There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:
(1) review the best practices in the teaching of reading;
(2) provide teachers with professional development and support for implementing best practices in the teaching of reading; and
(3) award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.
The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year." /
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Rep. MILLER explained the amendment.
The amendment was then adopted.
Reps. VAUGHN, LEACH and LOFTIS proposed the following Amendment No. 176 (Doc Name council\gjk\20417STD99.doc), which was tabled.
Amend the bill, as and if amended, in PART II by adding a new SECTION appropriately numbered to read:
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PROGRAM OF OPEN ENROLLMENT FOR STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS AND TO PROVIDE THAT THE EDUCATION FINANCE ACT AND THE EDUCATIONAL IMPROVEMENT ACT FUNDS SHALL BE DISTRIBUTED BEGINNING WITH FISCAL YEAR 1999-2000 TO SCHOOL DISTRICTS WHICH ACCEPT ADDITIONAL STUDENTS UNDER THE OPEN ENROLLMENT PROGRAM ESTABLISHED ABOVE IN THE MANNER SPECIFIED.
(1) The General Assembly finds that the students in South Carolina's schools and their parents will become more informed about and more involved in the educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no "right" school for every student and permitting students to choose from among
The General Assembly further finds that giving more options to parents and students regarding where they attend school will increase the responsiveness and effectiveness of the state's schools since teachers, administrators, and school board members will have added incentive to satisfy the educational needs of students.
The General Assembly finds that these benefits of enhanced quality and effectiveness in our schools justify permitting a student to apply for admission to any school of his choice in the manner provided in this section.
(2) Title 59 of the 1976 Code is amended by adding:
Section 59-68-10. This chapter may be cited as the 'South Carolina Open Enrollment Act of 1999'.
Section 59-68-20. A school open enrollment program is established to enable a pupil to attend a school in his district or in a district in which the pupil does not reside, subject to the restrictions contained in this chapter.
Section 59-68-30. As used in this chapter:
(1) 'Parent' means the natural or adoptive parent or legal guardian of a dependent child.
(2) 'Private school' means a school that is not maintained with public funds, that charges tuition or fees for the services it provides, and that is in compliance with the laws of this State.
(3) 'Public school' means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.
(4) 'Resident school district' means a geographical area surrounding a public school from which students are assigned.
(5) 'School' means a school that is authorized to provide elementary or secondary education, or both, under state law.
Section 59-68-40. In order to achieve the purpose of this chapter, the State Board of Education shall develop and the State Department of Education shall carry out a program in which the parent of each school-age child may choose for that child to attend a participating school selected by the child's parent in accordance with this chapter.
Section 59-68-50. (A) Each public school in the State must be a participating school. The responsible officials for each private school shall decide whether that school shall become a participating school.
(B) Subject to the provisions of subsection (C), a participating school shall admit children who apply, up to the limit of the school's capacity, after reserving places for children admitted in accordance with the school's regular admissions practices.
(C)(1) A participating school shall establish criteria for the admission of children consistent with the admissions criteria it regularly applies.
(2) In the case of a participating public school, the district school board shall establish criteria for the equitable allocation of places for children if there are insufficient places to serve all children requesting places.
Section 59-68-60. A participating school shall enter into an agreement with the State Department of Education. The agreement must provide that the participating school furnish a child an education equivalent to that provided to all other children in the school when a child is accepted at the school, and, if applicable, pays a supplementary tuition to satisfy any remainder of a participating school's tuition.
Section 59-68-70. (A) If a student attends a public school which is not in his attendance area, the district shall adjust any monetary differences between the two schools. If a student attends a public school outside his resident district or a private school, his resident school district shall reimburse that district or private school for the cost of his attendance which shall be defined as the state portion of the base student cost for that student as determined by the State Department of Education based upon the Education Finance Act weighting, but no reimbursement may be made for more than the amount of the tuition and fees regularly charged by the participating school providing the educational services, if any.
(B) Nothing herein prohibits a local school district where a pupil resides from allocating the local base student cost for that student to another district or private school where that student is enrolled.
Section 59-68-80. Before a pupil may attend a school in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district. This application must be postmarked or received not later than February first of the year in which the pupil would begin the fall semester at the nonresident district.
Section 59-68-90. The school board of a participating district shall adopt, by resolution, specific standards for acceptance and rejection of
Section 59-68-100. Within sixty days of the receipt of an application from a nonresident pupil seeking admission under the terms of this chapter, a participating district shall notify the parent or guardian and the resident district in writing as to whether the pupil's application has been accepted or rejected. If an application is rejected, the nonresident district shall state in the notification letter the reasons for rejection.
Section 59-68-110. Except as otherwise provided herein, the responsibility for transportation for a nonresident pupil must be borne by the pupil. The resident district may transport the student to the district boundary or to a point agreeable to the parent or the nonresident district within either the resident or nonresident district and count that student in the resident district's enrollment for transportation funding purposes only. The nonresident district may provide transportation from the resident district's boundary or from a point agreeable with the parent or the resident district within either the resident or nonresident district to a school in the nonresident district and count that student in the nonresident district's enrollment for transportation funding purposes only.
Section 59-68-120. A nonresident district shall accept credits toward graduation that were awarded by another district.
Section 59-68-130. Except as otherwise provided in Section 59-68-70, for purposes of the Education Finance Act (EFA), the Educational Improvement Act (EIA), and other applicable provisions of law, the nonresident student must be counted as a part of the average daily enrollment of the district to which the student has transferred. All add-on weightings generated by the student must also be transferred to the district of attendance.
Section 59-68-140. The provisions of this chapter and all pupil choice options created hereby are subject to the following limitations:
(1) No student may transfer to a nonresident district where the percentage of enrollment for the student's race, plus or minus five percent, exceeds that percentage in his resident district.
(2) In any instance where the provisions of item (1) would result in a conflict with a desegregation court order, the terms of the order govern.
Section 59-68-150. A student who transfers to a nonresident district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.
Section 59-68-160. The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is further authorized to resolve disputes arising under Sections 59-68-70 through 59-68-110 of this chapter.
Section 59-68-170. The provisions of this chapter are supplemental to other provisions and requirements of law relating to school attendance of pupils."
(3) This section takes effect upon approval by the Governor and is applicable beginning with the 2000-2001 school year. EFA and EIA funds must be distributed to school districts beginning with fiscal year 1999-2000 and shall be transmitted to school districts accepting these additional pupils in the manner Chapter 68 of Title 59 of the 1976 Code as herein contained directs./
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. HAYES spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. CANTY raised a Point of Order that Amendment No. 176 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.
Rep. EASTERDAY continued speaking.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Allen Allison Askins Bailey Bales Barfield Battle Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Cotty Dantzler Emory Gilham Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Hinson Howard Jennings Kennedy Kirsh Law Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Sheheen Smith J. Stille Stuart Taylor Townsend Trotter Walker Webb Whipper Wilder
Those who voted in the negative are:
Altman Barrett Bauer Beck Bowers Brown H. Campsen Cato Chellis Cooper Delleney Easterday Edge Gamble Hamilton Harrell Harrison Haskins Keegan Kelley Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Mason McGee Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith D. Smith R. Tripp Vaughn Whatley
Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Rep. YOUNG-BRICKELL proposed the following Amendment No. 185 (Doc Name housedesk\council\ggs\amend\22235cm99.doc), which was adopted.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered section:
To amend the 1976 Code by adding Section 23-3-175 so as to provide that the State Law Enforcement Division Vehicle Theft Unit may conduct inspections of a junkyard, scrap metal processing facility, salvage yard, and other facilities that relate to motor vehicles in the presence of a facility's employee or owner for the purpose of locating a stolen vehicle or to investigate the titling or registration of wrecked or dismantled vehicles.
A. The 1976 Code is amended by adding:
"Section 23-3-175. The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled." /
B. This section takes effect July 1, 1999.
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.
Rep. RISER moved to reconsider the vote whereby Amendment No. 31 was adopted in Section 13, Part II and the motion was noted.
Rep. J. SMITH moved to reconsider the vote whereby Section 67 was adopted, Part IA, and the motion was noted.
Reps. SHEHEEN and DELLENEY proposed the following Amendment No. 189 (Doc Name council\dka\3303mm99.doc), which was rejected.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING AND PROVIDE FOR THE ENFORCEMENT OF THIS SECTION, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both. The Department of Revenue, the State Law Enforcement Division, and other law enforcement agencies having appropriate jurisdiction shall enforce the provisions of this section."
B. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
D. Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
E. Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
F. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
"(M) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
H. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
I. Section 16-19-50 of the 1976 Code is amended to read:
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant
Rep. SHEHEEN explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. DELLENEY spoke in favor of the amendment.
Rep. CANTY spoke in favor of the amendment.
Rep. CANTY spoke in favor of the amendment.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Rep. CANTY continued speaking.
Rep. EMORY spoke in favor of the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Allen Allison Askins Bailey Barfield Battle Bauer Bowers Breeland Brown G. Brown H. Brown T. Chellis Cotty Dantzler Edge Harrell Harrison Harvin Hayes Hines J. Hinson Howard Keegan Kelley Kennedy Knotts Lanford Law Lee Limehouse Lloyd Lourie Mack Maddox McLeod M. McLeod W. Ott Quinn Rhoad Rodgers Rutherford Sandifer Scott Smith D. Smith J. Stuart Taylor Walker Webb Whatley Whipper Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Bales Barrett Beck Brown J. Campsen Canty Carnell Cato Clyburn Cobb-Hunter Cooper Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hines M. Jennings Kirsh Klauber Koon Leach Littlejohn Loftis Lucas Martin Mason McCraw McGee McMahand Miller Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rice Riser Robinson Sharpe Sheheen Simrill
Smith F. Smith R. Stille Townsend Tripp Trotter Vaughn Wilder Witherspoon
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. HAMILTON spoke in favor of the amendment.
Rep. MCGEE spoke in favor of the amendment.
Rep. COBB-HUNTER spoke against of the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. RODGERS spoke against the amendment.
Rep. HARRIS spoke in favor of the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. KIRSH spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Beck Brown J. Brown T. Campsen Canty Carnell Cato Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hines J. Hines M. Jennings Kirsh Klauber Koon Leach Littlejohn Loftis Lucas Martin Mason McCraw McGee McMahand
Moody-Lawrence Neal Neilson Phillips Pinckney Rice Riser Scott Sharpe Sheheen Simrill Smith F. Smith R. Stille Tripp Trotter Vaughn Webb Wilder Witherspoon
Those who voted in the negative are:
Allen Allison Askins Bailey Barfield Battle Bauer Bowers Breeland Brown G. Brown H. Chellis Clyburn Cobb-Hunter Cotty Dantzler Edge Harrell Harrison Harvin Hayes Hinson Howard Keegan Kelley Kennedy Knotts Lanford Law Lee Limehouse Lloyd Lourie Mack Maddox McLeod M. McLeod W. Miller Ott Quinn Rhoad Robinson Rodgers Rutherford Sandifer Seithel Smith D. Smith J. Stuart Taylor Townsend Walker Whatley Whipper Wilkes Wilkins Woodrum Young-Brickell
So, the amendment was rejected.
I supported the ban on video poker last year in the S.C. House. All along, I suspected that the S.C. Senate would fail to do what was right. Sadly, another year has passed, the industry continues to be unregulated and unchecked. While the right thing to do might be to
Rep. DOUG SMITH
I did not vote for Amendment Number 189 which would ban video poker. In the past, I have voted to ban video poker. The reasons I did not vote for Amendment Number 189 are several. First is that the House of Representatives, including me, voted to ban video poker last year but these proposals were never voted on by the Senate. I am convinced that the Senate will not consider a video poker ban in the budget and, hence, it is of no use. Also, it is my opinion that the November 1999 elections contain at least 2 messages. One is that the citizens of South Carolina want to vote on whether South Carolina should have a state-run lottery. The other is that, while some of us may have attempted to ban video poker, the citizens of South Carolina want to vote on this issue as well. While I do not favor referendums, since we are elected to represent the citizens of South Carolina, it is my opinion that we should give them this opportunity.
Rep. ALFRED ROBINSON JR.
Rep. SANDIFER moved to reconsider the vote whereby Amendment No. 189 was rejected.
Rep. LAW moved to table the motion to reconsider.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Barfield Battle Breeland Brown G. Brown H. Chellis Cobb-Hunter Cooper Cotty Dantzler Edge Harrell Harrison Harvin Hayes Hinson Howard Keegan Kelley Kennedy
Knotts Lanford Law Lee Limehouse Lloyd Lourie Mack Maddox McGee McLeod M. McLeod W. Miller Ott Quinn Rhoad Riser Rodgers Rutherford Sandifer Seithel Smith D. Smith J. Stuart Taylor Townsend Whatley Whipper Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Altman Barrett Bauer Beck Bowers Brown J. Campsen Canty Carnell Cato Clyburn Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hines J. Hines M. Jennings Kirsh Klauber Koon Leach Littlejohn Loftis Lucas Martin Mason McCraw McMahand Moody-Lawrence Neal Neilson Parks Phillips Pinckney Rice Robinson Scott Sharpe Sheheen Simrill Smith F. Smith R. Stille Tripp Trotter Vaughn Walker Webb Wilder Witherspoon
So, the House refused to table the motion.
Rep. HAWKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Barfield Barrett Battle Bauer Beck Bowers Brown J. Brown T. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines J. Hines M. Hinson Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Lloyd Loftis Lucas Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Moody-Lawrence Neal Neilson Ott Phillips Pinckney Rhoad Rice Riser Rodgers Rutherford Scott Seithel Sheheen Simrill Smith F. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Whatley Whipper Wilder
Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Breeland Brown G. Brown H. Hayes Lee Limehouse Lourie Mack Miller Quinn Robinson Sandifer Smith D. Smith J. Walker Wilkes
So, the motion to adjourn debate on the motion to reconsider was tabled.
The question then recurred to the motion to reconsider the vote whereby the amendment was rejected.
Rep. HAWKINS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Beck Bowers Brown J. Brown T. Campsen Canty Carnell Cato Clyburn Cooper Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hines J. Hines M. Jennings Kirsh Klauber Koon Leach Littlejohn Loftis Lucas Martin Mason McCraw McGee McMahand Moody-Lawrence Neal Neilson Phillips Pinckney Rice
Robinson Scott Sheheen Simrill Smith F. Smith R. Stille Tripp Trotter Vaughn Walker Webb Wilder Witherspoon
Those who voted in the negative are:
Allen Allison Askins Bailey Bales Barfield Battle Bauer Breeland Brown G. Brown H. Chellis Cobb-Hunter Cotty Dantzler Edge Harrell Harrison Harvin Hayes Hinson Howard Keegan Kelley Kennedy Knotts Lanford Law Lee Limehouse Lloyd Lourie Mack Maddox McLeod M. McLeod W. Miller Ott Quinn Rhoad Riser Rodgers Rutherford Sandifer Seithel Smith D. Smith J. Stuart Taylor Townsend Whatley Whipper Wilkes Wilkins Woodrum Young-Brickell
So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Beck Brown J. Brown T. Campsen
Canty Carnell Cato Cooper Delleney Easterday Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Haskins Hawkins Hines J. Hines M. Jennings Kirsh Klauber Koon Leach Littlejohn Loftis Lucas Martin Mason McCraw McGee McMahand Meacham Moody-Lawrence Neal Neilson Phillips Pinckney Rice Scott Sharpe Sheheen Simrill Smith F. Smith R. Stille Tripp Trotter Vaughn Walker Webb Wilder Witherspoon
Those who voted in the negative are:
Allen Allison Askins Bailey Barfield Battle Bauer Bowers Breeland Brown G. Brown H. Chellis Clyburn Cobb-Hunter Cotty Dantzler Edge Harrell Harrison Harvin Hayes Hinson Howard Keegan Kelley Kennedy Knotts Lanford Law Lee Limehouse Lloyd Lourie Mack Maddox McLeod M. McLeod W. Miller Ott Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Seithel Smith D. Smith J. Stuart Taylor Townsend Whatley Whipper
Wilkes Wilkins Woodrum Young-Brickell
So, the amendment was rejected.
I supported the ban on video poker last year in the S.C. House. All along, I suspected that the S.C. Senate would fail to do what was right. Sadly, another year has passed, the industry continues to be unregulated and unchecked. While the right thing to do might be to once again support this ban, the end would be the same...an unregulated industry. Why? Because the make up of the Senate is absolutely the same and their position will not change until their composition does.
Rep. DOUG SMITH
Rep. YOUNG-BRICKELL proposed the following Amendment No. 185 (Doc Name housedesk\council\ggs\amend\22235cm99.doc):
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered section:
To amend the 1976 Code by adding Section 23-3-175 so as to provide that the state law enforcement division vehicle theft unit may conduct inspections of a junkyard, scrap metal processing facility, salvage yard, and other facilities that relate to motor vehicles in the presence of a facility's employee or owner for the purpose of locating a stolen vehicle or to investigate the titling or registration of wrecked or dismantled vehicles.
A. The 1976 Code is amended by adding:
"Section 23-3-175. The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.
The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled." /
Rep. BAILEY moved to adjourn debate on the amendment, which was agreed to.
Reps. JENNINGS, QUINN, ALLEN, G. BROWN, TRIPP, BATTLE, RISER, WEBB, MCCRAW, WHATLEY and CLYBURN proposed the following Amendment No. 200 (Doc Name KGH\15457HTC99), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, AND THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
A. Section 1-11-720(A) of the 1976 Code, as last amended by Act 317 of 1998, is further amended by adding appropriately numbered items at the end to read:
"( ) the South Carolina State Employees' Association;
( ) the Palmetto State Teachers' Association;
( ) the South Carolina Education Association;
( ) the South Carolina Association of School Administrators."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. H. BROWN raised a Point of Order that Amendment No. 200 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. CAMPSEN, J. SMITH, LOURIE, WOODRUM, SIMRILL and EASTERDAY proposed the following Amendment No. 204 (Doc Name COUNCIL\KGH\AMEND\15464HTC99), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE 1976 CODE BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
A. This section may be cited as the "South Carolina Conservation Incentives Act."
B. The General Assembly finds that South Carolina, from the mountains to the sea, is blessed with some of the most beautiful and
The General Assembly further finds that paying deference to property rights while conserving these natural areas is a laudable goal, and that traditional land use planning and regulatory techniques have limited effectiveness in preserving large tracts of undeveloped land. By enacting the "South Carolina Conservation Incentives Act", it is the intent of the General Assembly to provide an income tax credit incentive for landowners to voluntarily convey conservation easements to qualified conservation organizations. Such an incentive for the voluntary conveyance of conservation easements will protect and preserve natural areas and their traditional uses while paying appropriate deference to property rights, expending no state funds, and keeping property in the private sector and on property tax rolls.
C. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3515. (A) A taxpayer who has claimed on the taxpayer's federal income tax return a charitable deduction for a qualified conservation contribution on a qualified real property interest located in this State is allowed a credit against a tax imposed by this chapter in an amount equal to twenty-five percent of the value of the easement attributable to the qualified real property interest located in this State. If the amount of the credit exceeds the taxpayer's tax liability under this chapter for a taxable year, the excess credit may be carried for succeeding taxable years until all the credit is claimed. The merger, consolidation, or reorganization of a taxpayer where tax attributes survive does not create a new eligibility in a succeeding taxpayer, but unused credits allowed under this chapter may be transferred and continued by the succeeding taxpayer subject to the limitation of Section 12-6-3320. In addition to the carry forward of unused credit, unused credit may be transferred, devised, or distributed, with or without consideration, by an individual, partnership, limited liability company, corporation, trust or estate. To be effectual such a transfer, devise, or distribution requires written notification to the
(B) For purposes of this section, a 'qualified conservation contribution' and a 'qualified real property interest' are defined as provided in Internal Revenue Code Section 170(h)."
D. Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-1110. There is created in the state treasury a fund separate and distinct from the general fund of the State and all other funds styled the 'Conservation Grant Fund'. The income and principal of the fund must be used only to stimulate the use of conservation easements to improve the capacity of private nonprofit land trusts successfully to accomplish conservation projects and to provide an opportunity to leverage private and public monies for conservation easements. Income of the fund remains a part of the fund, and fund revenues carry forward from year to year and remain available for expenditure in accordance with this title.
Section 50-3-1120. The board of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund.
Section 50-3-1130. The Conservation Grant Fund shall consist of any monies appropriated to it by the General Assembly and other monies received from public or private sources.
Section 50-3-1140. In order for real property to be the subject of a grant under this article, the land must qualify for the tax credit allowed pursuant to Section 12-6-3515.
Section 50-3-1150. (A) Revenues in the Conservation Grant Fund may be used by the department only to:
(1) defray the administrative costs of the department in administering the grant purpose provided for by this article;
(2) provide education on conservation easements including information material intended for landowners and education for staff and volunteers; and
(3) make conservation grants.
(B) A grant from the Conservation Grant Fund may be used only to pay for one or more of the following costs:
(1) reimbursement for total or partial transaction costs for donations from individuals or corporations that otherwise would not be made because of insufficient financial revenues;
(2) management support, including initial baseline inventory and planning;
(3) monitoring compliance with conservation easements;
(4) education on conservation easements, including information materials intended for landowners, and education for staff and volunteers.
(C) No fund proceeds may be used to pay the purchase price of any interest in real property.
Section 50-3-1160. The board shall establish the procedures and criteria for awarding grants under this article. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on conservation. The board shall make the final decision on the award of grants and announce awards publicly."
E. Section 62-3-715 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding an item appropriately numbered at the end to read:
"( ) donate a qualified conservation easement on any real property of the decedent in order to obtain the benefit of the estate tax exclusion allowed under Internal Revenue Code Section 2031(c) as defined in Section 12-6-40(A) if the personal representative has the written consent of all of the heirs, beneficiaries, and devises whose interests are affected by the donation. Upon petition of the personal representative, the circuit court may consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devises whose interests are affected by the donation after determining that the donation of the qualified real property interest shall not adversely affect them or would most likely be agreed to by them if they were before the court and capable of consenting. A guardian ad litem must be appointed to represent the interest of any unborn, unascertained, or incapacitated persons. Similarly, and for the same purposes and under the same conditions, mutatis mutandis, a trustee may make such a donation for the settlor."
F. This section takes effect July 1, 1999, and, for purposes of tax credits, applies for taxable years beginning after 1998. /
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Rep. CAMPSEN explained the amendment.
Rep. WITHERSPOON raised a Point of Order that Amendment No. 204 was out of order in that it was not germane to the Bill under Rule 5.3B.
The SPEAKER overruled the Point of Order.
Rep. CAMPSEN continued speaking.
Rep. KOON moved to table the amendment.
Rep. CAMPSEN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Barfield Bauer Breeland Brown H. Brown T. Canty Chellis Cobb-Hunter Dantzler Gamble Gourdine Hinson Howard Keegan Kennedy Kirsh Knotts Koon Law Lloyd Loftis Mack Mason McCraw McGee McMahand Moody-Lawrence Ott Parks Pinckney Rhoad Riser Rutherford Sandifer Scott Sharpe Smith R. Stuart Trotter Walker Webb Witherspoon
Those who voted in the negative are:
Bailey Bales Battle Bowers Brown G. Campsen Cato Clyburn Cooper Cotty Delleney Easterday Edge Gilham Govan
Hamilton Harris Harrison Harvin Haskins Hawkins Hayes Klauber Leach Lee Limehouse Littlejohn Lourie Lucas Maddox McLeod M. McLeod W. Meacham Miller Neal Phillips Quinn Rice Robinson Seithel Sheheen Simrill Smith D. Smith J. Taylor Townsend Vaughn Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. H. BROWN continued speaking.
The amendment was then rejected by a division vote of 30 to 50.
Reps. KOON, SHARPE, RISER, WITHERSPOON and TROTTER proposed the following Amendment No. 213 (Doc Name housedesk\council\dka\amend\3304mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE.
A. Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding at the end:
"(19) A nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and
Rep. KOON explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN proposed the following Amendment No. 218 (Doc Name housedesk\council\gjk\amend\20419ac99.doc), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR OTHER STATE AGENCIES FROM PROVIDING CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT AND OTHER STATE AGENCIES FROM DISTRIBUTING CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
(A) The 1976 Code is amended by adding:
"Section 44-1-115. (A) The Department of Health and Environmental Control shall develop a data base in which a parent, legal guardian, or one acting en loco parentis to a child under sixteen years of age may register in writing with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child.
The department shall publish and distribute informational brochures to schools, physicians, and health agencies and facilities which include
"Section 44-1-117. Notwithstanding another provision of law, the Department of Health and Environmental Control, another state agency or department, or a person acting on behalf of an agency or department may not distribute condoms or other types of contraceptives to a person under sixteen years if the child's parent, legal guardian, or one acting en loco parentis has registered with the Department of Health and Environmental Control in accordance with Section 44-1-115."
(C) This section takes effect January 1, 2000.
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Rep. CAMPSEN explained the amendment.
Rep. CAMPSEN continued speaking.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. WILKES moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Battle Bowers Brown T. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Gourdine Govan Hayes Hines J. Hines M. Hinson Howard Jennings Kennedy Kirsh Knotts Lanford Lee Lloyd Lourie Mack
Maddox Martin McCraw McLeod M. McLeod W. Miller Moody-Lawrence Neal Ott Parks Phillips Pinckney Rhoad Rodgers Rutherford Scott Sharpe Sheheen Smith F. Smith J. Stuart Webb Whatley Whipper Wilder Wilkes Young-Brickell
Those who voted in the negative are:
Altman Askins Barrett Bauer Beck Brown H. Campsen Cato Cooper Delleney Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Keegan Kelley Klauber Koon Leach Limehouse Littlejohn Loftis Lucas Mason McGee Quinn Rice Riser Robinson Simrill Smith D. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Witherspoon Woodrum
So, the amendment was tabled.
Reps. ROBINSON, CAMPSEN, VAUGHN, LOFTIS, QUINN, TRIPP, LEACH, SIMRILL, EASTERDAY, RICE, RISER, HASKINS and D. SMITH proposed the following Amendment No. 260 (Doc Name housedesk\council\gjk\amend\20408std99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-18-940 SO AS TO PROVIDE THAT IF A SCHOOL UNDER THE EDUCATION ACCOUNTABILITY ACT RECEIVES A RATING OF BELOW AVERAGE OR UNSATISFACTORY, THE STUDENTS AT THAT SCHOOL MAY AT THEIR OPTION TRANSFER TO ANY OTHER SCHOOL WITHIN THE DISTRICT, AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING THE MANNER IN WHICH STATE AND FEDERAL FUNDING SHALL FOLLOW SUCH STUDENTS.
"Section 59-18-940. If a school receives a rating of below average or unsatisfactory, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school, and it received a rating of below average or unsatisfactory or if all the elementary, middle, or high schools in the district receive a rating of below average or unsatisfactory, the students at those schools may at their option transfer to a school in an adjoining district, and the adjoining district shall accept these students as long as space is available. Applicable state and federal funding for each student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at the school."/
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Rep. ROBINSON explained the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. RHOAD spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Bales Barfield Battle Bauer Bowers Breeland
Brown G. Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Cotty Dantzler Emory Fleming Gourdine Govan Harris Hayes Hines J. Hines M. Hinson Howard Jennings Kennedy Kirsh Knotts Lanford Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Riser Rodgers Rutherford Scott Sheheen Smith J. Stille Stuart Taylor Townsend Trotter Walker Whipper Wilder Wilkes Woodrum
Those who voted in the negative are:
Barrett Beck Brown H. Campsen Cato Chellis Cooper Delleney Easterday Edge Gamble Hamilton Harrell Harrison Haskins Hawkins Keegan Kelley Klauber Koon Law Leach Limehouse Littlejohn Loftis Mason Quinn Rice Robinson Sandifer Simrill Smith D. Smith R. Tripp Webb Wilkins Witherspoon Young-Brickell
Rep. STILLE proposed the following Amendment No. 270 (Doc Name housedesk\council\bbm\amend\9134mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II, Permanent Provisions, at the end:
TO AMEND CHAPTER 112, TITLE 59 OF THE 1976 CODE, RELATING TO DETERMINATION OF TUITION AND FEES, BY ADDING SECTION 59-112-120 SO AS TO PROHIBIT A WAIVER OF OUT-OF-STATE TUITION BY AN INSTITUTION OF HIGHER LEARNING FOR A STUDENT WHO HAS BEEN AWARDED A SCHOLARSHIP TO THAT INSTITUTION.
A. Chapter 11 of Title 59 of the 1976 Code, is amended by adding:
"Section 59-112-120. An undergraduate institution of higher learning may not waive out-of-state tuition for a student who has been awarded a scholarship to that institution."
B. This section takes effect July 1, 1999. /
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Rep. STILLE explained the amendment.
Rep. KEEGAN moved to table the amendment.
The amendment was then tabled by a division vote of 53 to 27.
Rep. CANTY proposed the following Amendment No. 271 (Doc Name housedesk\council\pt\amend\1342dw99.doc):
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A FIFTEEN PERCENT TAX ON NET INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THIS TAX, AND TO PROVIDE THAT REVENUES OF THIS TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
"Section 12-21-2777. (A) A tax at the rate of fifteen percent is imposed on net machine income. Net machine income has the meaning provided in Section 12-21-2772(7), except that the amount paid out is deemed to include the tax withheld on a player payment pursuant to subsection (B) of this section.
(B) A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.
(C) The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and net machine income for the previous month, and remit the tax with it.
(D) Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B. This section takes effect July 1, 1999. /
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Rep. CANTY explained the amendment.
Rep. H. BROWN moved to table the amendment.
The House refused to table the amendment by a division vote of 35 to 43.
Rep. CANTY continued speaking.
Rep. CANTY moved to adjourn debate on the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 278 (Doc Name housedesk\council\bbm\amend\9137mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II, Permanent Provisions, at the end:
TO AMEND CHAPTER 30, TITLE 1 OF THE 1976 CODE, RELATING TO DEPARTMENTS OF STATE GOVERNMENT BY ADDING SECTION 1-30-130 SO AS TO PROHIBIT THE USE OF STATE FUNDS BY ANY DEPARTMENT, AGENCY,
"Section 1-30-130. A department, agency, commission, or other subdivision of state government may not use state funds to lobby the General Assembly.
B. This section takes effect July 1, 1999. /
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Rep. STILLE explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Reps. FLEMING, MADDOX, JENNINGS, DELLENEY, ALTMAN and ALLEN proposed the following Amendment No. 282 (Doc Name housedesk\council\bbm\amend\9138mm99.doc), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to Part II, Permanent Provisions, to read:
TO AMEND SECTION 15-78-120 OF THE 1976 CODE, RELATING TO LIMITATIONS ON CIVIL LIABILITY SO AS TO INCREASE THE LIMITS ON DAMAGES RECOVERABLE.
A. Section 15-78-120(a)(1-4) of the 1976 Code is amended to read:
"(1) Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three seven hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(2) Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six one million five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.
(3) No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one two million two hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.
(4) The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one two million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved."
B. This section takes effect July 1, 1999. /
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Rep. FLEMING explained the amendment.
Rep. D. SMITH raised a Point of Order that Amendment No. 282 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. RUTHERFORD moved to reconsider the vote whereby Amendment No. 204 was rejected in Part II and the motion was noted.
Rep. SHARPE moved to reconsider the vote whereby Amendment No. 163 was adopted, Section 35, Part IB, and the motion was noted.
Rep. STUART proposed the following Amendment No. 292 (Doc Name housedesk\council\dka\amend\3326mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO ALLOCATIONS OF GRANT FUNDS FOR STUDENTS ATTENDING INDEPENDENT COLLEGES, SO AS TO DELETE THE REQUIREMENT FOR COMPUTING THE ALLOCATION AT A SPECIFIC PERCENTAGE.
A. Section 59-143-30(1) of the 1976 Code, as added by Section 20C, Part II, Act 458 of 1996, is amended to read:
"(1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission."
B. This section takes effect July 1, 1999. /
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Rep. STUART explained the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 15.
Reps. ROBINSON, D. SMITH and HARRELL proposed the following Amendment No. 318 (Doc Name \nbd\11249jm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, PERMANENT PROVISIONS, by adding the following appropriately numbered Section to read:
TO AMEND SECTION 42-7-10, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR REMITTING TO THE GENERAL FUND CERTAIN INTEREST EARNED OR ACCRUING ON MONIES IN THE STATE ACCIDENT FUND FOR PURPOSES OF TAX RELIEF IN THE MANNER PROVIDED BY THE GENERAL ASSEMBLY, EXCEPT MONIES ASSOCIATED WITH PREMIUMS PAID BY FEDERAL FUNDS, AND FOR DISTRIBUTING TO LOCAL AGENCIES CERTAIN OTHER INTEREST, TO REQUIRE THE STATE ACCIDENT FUND AND THE STATE AUDITOR TO DETERMINE THE AMOUNTS TO BE DISTRIBUTED TO LOCAL AGENCIES, TO PROVIDE FOR A PLAN TO IMPLEMENT THE
"(C) Notwithstanding subsections (A) or (B) of this section or any other provision of law:
(1) interest earned or accruing on monies in the State Accident Fund attributable to agencies of the State of South Carolina must be remitted annually to the State Treasurer for deposit by him in the state's general fund for tax relief in the manner provided by the General Assembly by law; provided, however, that this item (1) does not apply to, affect, or include any monies associated with premiums paid by federal funds; provided, further, that federal program contributions may be recouped by the federal government;
(2) interest earned or accruing on monies in the State Accident Fund attributable to local agencies including, but not limited to, municipalities and counties and agencies of municipalities and counties, must be distributed on an annual basis to these local agencies on a pro-rata basis;
(3) the State Accident Fund and the State Auditor shall jointly determine the amounts to be distributed under item (2) of this subsection and shall jointly devise a plan to implement the distribution of these monies."
B. This section takes effect July 1, 1999./
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Rep. D. SMITH explained the amendment.
Rep. WILKES spoke against the amendment.
The amendment was then adopted by a division vote of 38 to 31.
Reps. KOON, HARVIN and OTT proposed the following Amendment No. 321 (Doc Name \KGH\AMEND\15485HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
/ SECTION ____
TO AMEND THE 1976 CODE BY ADDING SECTION 59-127-90 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY
"Section 59-127-90. The General Assembly annually shall appropriate the state matching funds required by federal law for the research and extension activities of South Carolina State University as an '1890' institution under the Second Morrill Act."
B. This section takes effect July 1, 1999. /
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Rep. KOON explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 322 to (Doc Name housedesk\council\dka\amend\3339mm99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115 SO AS TO PROVIDE THAT THE FEE CHARGED BY THE STATE LAW ENFORCEMENT DIVISION FOR A CRIMINAL RECORD SEARCH BE REMITTED TO THE GENERAL FUND INSTEAD OF BEING RETAINED BY SLED AND TO FIX THE FEE AT SPECIFIED AMOUNTS FOR SEARCHES MADE FOR VARIOUS TYPES OF ORGANIZATIONS.
A. Article 3, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-115. (A) The State Law Enforcement Division shall charge and collect a fee of twenty-five dollars for each criminal record search conducted pursuant to regulations contained in subarticle 1, Article 3, Chapter 73 of the 1976 Code of Regulations. These fees must be remitted to the general fund. Revenues collected from the
(B) The fee described in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this subsection, the phrase 'charitable organization' means:
(1) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;
(2) a bona fide church, including an institution such as a synagogue or mosque; or
(3) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33 of the 1976 Code.
(C) The fee described in subsection (A) is fixed at eight dollars for all other organizations required by law to obtain a criminal record search for the purpose of employment or volunteer service, or other legitimate, lawful purpose."
B. This section takes effect July 1, 1999. /
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Rep. KLAUBER explained the amendment.
Rep. YOUNG-BRICKELL spoke against the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. COBB-HUNTER proposed the following Amendment No. 324 to (Doc Name housedesk\council\ggs\amend\22239htc99.doc), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT, IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR.
A. Section 12-37-251(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"(B)(1) School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.
(2) School districts must be reimbursed on a per capita basis, but no district shall receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation."
B. This section applies for property tax years beginning after 1998. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Bauer Brown J. Cotty Edge Gamble Gilham Harrison Howard Keegan Kirsh Knotts Koon Lanford Littlejohn Lourie Moody-Lawrence Neal Quinn Riser Rodgers Simrill Stuart Walker Witherspoon
Those who voted in the negative are:
Altman Askins Bailey Bales Barrett Battle Beck Bowers Breeland
Brown H. Brown T. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Emory Fleming Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hayes Hines J. Hines M. Hinson Jennings Kennedy Klauber Law Leach Lee Limehouse Lloyd Loftis Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Neilson Ott Parks Phillips Pinckney Rhoad Rice Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith F. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barrett Battle Beck Bowers Breeland Brown H. Brown J. Brown T. Campsen
Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Fleming Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hayes Hines J. Hines M. Hinson Howard Jennings Kelley Kennedy Klauber Knotts Law Leach Limehouse Lloyd Loftis Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Neal Neilson Ott Parks Phillips Pinckney Rhoad Rice Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Smith F. Smith J. Smith R. Stille Taylor Townsend Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allison Barfield Bauer Cotty Gamble Gilham Keegan Kirsh Koon Lanford Lee Lourie Moody-Lawrence Quinn Riser Rodgers Simrill Stuart Walker Witherspoon
So, having received the necessary two-thirds vote, the amendment was adopted.
Rep. EASTERDAY proposed the following Amendment No. 325 (Doc Name COUNCIL\KGH\AMEND\15476HTC99), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 2-7-78 OF THE 1976 CODE RELATING TO THE CERTIFICATION BY THE BOARD OF ECONOMIC ADVISORS OF AMENDMENTS TO THE ANNUAL GENERAL APPROPRIATIONS BILL CHANGING THE MOST RECENT PROJECTION OF GENERAL FUND REVENUES, SO AS TO REQUIRE THE CERTIFICATE FOR OTHER STATE SOURCE FUNDS REGARDLESS OF THE SOURCE OF THE FUNDS OR THE PART OF THE BILL IN WHICH THE FUNDS ARE APPROPRIATED.
A. Section 2-7-78 of the 1976 Code, as added by Act 145 of 1995, is amended to read:
"Section 2-7-78. This section applies to the annual appropriation recommendation of the Governor and to the report of the conference committee on the annual general appropriations bill. A provision offered for inclusion in the annual general appropriations bill by amendment or otherwise, by the Governor, or which increases or decreases the most recent official projection of general fund revenues or other state source revenues, regardless of source or where appropriated in the bill, of the Board of Economic Advisors must not be included in the bill or recommendation unless the revenue impact is certified by the board. Changes to the official general fund revenue estimate as a result of the provision may not exceed the amounts certified by the board. The requirements of this section are in addition to the other provisions of law regarding fiscal impact statements."
B. This section takes effect July 1, 1999. /
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Rep. EASTERDAY explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. H. BROWN raised a Point of Order that Amendment No. 325 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. EASTERDAY argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. H. BROWN moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Barfield Breeland Brown G. Brown H. Chellis Cobb-Hunter Dantzler Edge Fleming Gamble Harrell Harris Harrison Harvin Hayes Hines J. Hines M. Hinson Howard Keegan Kelley Kennedy Knotts Koon Law Limehouse Lloyd Lourie Martin McCraw McLeod M. McLeod W. Neal Ott Parks Phillips Pinckney Rhoad Riser Rodgers Rutherford Sandifer Scott Seithel Sharpe Smith J. Smith R. Townsend Whatley Whipper Wilkes Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Barrett Battle Beck Bowers Brown T. Campsen Carnell Cotty Delleney Easterday Emory Gilham Hamilton Haskins Kirsh Klauber Leach Littlejohn Loftis Mason McGee McMahand Miller
Moody-Lawrence Rice Robinson Sheheen Simrill Stille Stuart Taylor Tripp Trotter Vaughn Walker Webb Wilder Wilkins
So, the amendment was tabled.
Rep. BOWERS proposed the following Amendment No. 332 (Doc Name housedesk\council\pt\amend\1383ac99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2815 SO AS TO PROVIDE THAT OF THE REVENUE GENERATED IN EXCESS OF TWO HUNDRED MILLION DOLLARS FROM TAXES IMPOSED BY THE DEPARTMENT OF REVENUE ON VIDEO POKER MACHINES WITH A FREE PLAY FEATURE, ONE-HALF MUST BE USED FOR PERSONAL PROPERTY TAX RELIEF AND ONE-HALF MUST BE USED FOR CAPITAL EXPENDITURES ALLOCATED TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT DISTRIBUTION FORMULA.
A. The 1976 Code is amended by adding:
"Section 12-21-2815. Notwithstanding any other provision of law, of all revenue generated in excess of two hundred million dollars from fees imposed pursuant to law or regulations in 1999 on video game machines with a free play feature or on the owners, distributors, or operators of these machines, one-half of the revenue must be used solely for the purpose of personal property relief and one-half must be used solely for capital expenditures for schools including, but not limited to school building construction. These funds must be allocated to school districts pursuant to the Education Finance Act distribution formula." /
B. This section takes effect July 1, 1999.
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Rep. KELLEY raised a Point of Order that Amendment No. 332 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. BOWERS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. WALKER and LANFORD proposed the following Amendment No. 333 (Doc Name \KGH\AMEND\15483HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO AMEND SECTION 9-1-1515, OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT.
A. Section 9-1-1515(B) of the 1976 Code, as added by Act 559 of 1990, is amended to read:
"(B) The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of
Rep. WALKER explained the amendment.
Rep. KELLEY raised a Point of Order that Amendment No. 333 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.
Rep. KIRSH moved to table the amendment.
Rep. WALKER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Brown H. Campsen Cato Chellis Dantzler Easterday Gilham Harrell Haskins Hinson Keegan Kirsh Koon Law Leach Limehouse Loftis Rice Robinson Rodgers Smith D. Tripp Vaughn Wilkins Young-Brickell
Those who voted in the negative are:
Allison Askins Bales Barfield Barrett Battle Bauer Beck Bowers
Breeland Brown G. Brown J. Brown T. Canty Carnell Clyburn Cooper Cotty Delleney Edge Emory Fleming Gamble Gourdine Govan Harris Harrison Harvin Hayes Hines J. Hines M. Howard Kelley Kennedy Klauber Knotts Lanford Lee Littlejohn Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Rhoad Riser Sandifer Scott Seithel Sheheen Simrill Smith F. Smith J. Smith R. Stille Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Witherspoon Woodrum
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. WALKER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. H. BROWN demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Bales Barfield Battle
Bauer Beck Bowers Breeland Brown G. Brown J. Brown T. Canty Clyburn Cooper Cotty Delleney Edge Emory Fleming Gamble Gourdine Govan Harris Harrison Harvin Hawkins Hayes Hines J. Hines M. Howard Jennings Kelley Kennedy Klauber Knotts Lanford Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Rhoad Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Trotter Walker Whatley Wilder Wilkes Witherspoon Woodrum
Those who voted in the negative are:
Barrett Brown H. Campsen Carnell Cato Chellis Dantzler Easterday Harrell Haskins Hinson Keegan Kirsh Koon Law Leach Lee Loftis Quinn Rice Riser Robinson Sharpe Smith D. Vaughn Webb Wilkins Young-Brickell
So, the amendment was then adopted.
Reps. G. BROWN and M. MCLEOD proposed the following Amendment No. 334 (Doc Name council\pt\amend\1384ac99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO DIRECT THE SOUTH CAROLINA HIGHWAY PATROL AND ALL OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO INCREASE THEIR EFFORTS TO ENFORCE THE LITTERING LAWS IN THIS STATE AND TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO LITTERING AND PENALTIES FOR LITTERING, SO AS TO REQUIRE A PERSON VIOLATING THE LITTERING LAWS TO PERFORM AT LEAST EIGHT HOURS OF LITTER GATHERING IN ADDITION TO ANY OTHER FINE OR PENALTY THAT MAY BE IMPOSED.
A. The South Carolina Highway Patrol and all other state and local law enforcement agencies shall increase their efforts to enforce the littering laws of this State.
B. Section 16-11-700 of the 1976 Code, as last amended by Section 366, Part II, Act 497 of 1994, is further amended by adding at the end:
/ (G) A person who violates a provision of this section shall perform at least eight hours of litter gathering in addition to any other fine, litter gathering, or public service that may be imposed pursuant to this section.
C. This section takes effect July 1, 1999. /
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Amend totals and title to conform.
Rep. G. BROWN explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 334 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. G. BROWN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. EASTERDAY proposed the following Amendment No. 336 (Doc Name housedesk\council\dka\amend\3340mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered SECTION, to read:
TO AMEND SECTION 11-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE BUDGET SYSTEM AND LIMITS ON THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES IN EXCESS OF THOSE OFFICIALLY RECOGNIZED BY THE BOARD OF ECONOMIC ADVISORS MUST BE USED AS PROVIDED IN THIS SECTION AND ARE CONSIDERED APPROPRIATED FOR SUCH PURPOSES, TO PROVIDE THAT AFTER A REVIEW OF INTEREST RATES, THE STATE TREASURER SHALL MAKE RECOMMENDATIONS TO THE JOINT BOND REVIEW COMMITTEE AS TO 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, AND TO PROVIDE FOR RELATED MATTERS.
A. Section 11-11-140 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:
"Section 11-11-140. (A)(1) In the Governor's annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors.
(2)(a) 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.
(b) Surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors in their February fifteenth revenue estimate must be transferred to and deposited in a separate account in the State Treasury and must be used as provided in this subsection. After a review of interest rates, the State Treasurer shall make recommendations to the Joint Bond Review Committee and,
(B) In making the annual budget recommendation to the General Assembly, the Governor shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless the change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting." /
B. This section takes effect July 1, 1999 and first applies for otherwise unappropriated general fund surplus revenues attributable to fiscal year 1998-99. /
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Rep. EASTERDAY explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Breeland Brown H. Brown J. Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Emory Gamble Gourdine Govan Harrell Harris Harrison Harvin Hawkins Hayes Hinson Jennings Keegan Kelley Kennedy Kirsh Knotts Law Lee Limehouse Lloyd Mack McCraw McGee McLeod M. McLeod W. McMahand Neal Ott Pinckney Quinn Riser Rutherford Sandifer Seithel Smith R.
Townsend Trotter Webb Whatley Witherspoon
Those who voted in the negative are:
Allison Barrett Beck Bowers Campsen Carnell Cato Cotty Easterday Gilham Haskins Klauber Leach Littlejohn Loftis Lourie Maddox Rice Robinson Simrill Smith D. Smith F. Smith J. Stille Stuart Taylor Vaughn Wilkes Woodrum
So, the amendment was tabled.
Rep. EASTERDAY proposed the following Amendment No. 337 (Doc Name housedesk\council\dka\amend\3341mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered SECTION, to read:
TO AMEND SECTION 11-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE BUDGET SYSTEM AND LIMITS ON THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES IN EXCESS OF THOSE OFFICIALLY RECOGNIZED BY THE BOARD OF ECONOMIC ADVISORS MUST BE USED AS PROVIDED IN THIS SECTION AND ARE CONSIDERED APPROPRIATED FOR SUCH PURPOSES, TO PROVIDE THAT AFTER A REVIEW OF INTEREST RATES, THE STATE TREASURER SHALL MAKE RECOMMENDATIONS TO THE JOINT BOND REVIEW COMMITTEE AS TO SAVINGS THAT COULD BE OBTAINED BY USING THE SURPLUS TO ACCELERATE THE REPAYMENT OF OUTSTANDING CAPITAL
"Section 11-11-140. (A)(1) In the Governor's annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors.
(2)(a) 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.
(b) Surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors in their February fifteenth revenue estimate must be transferred to and deposited in a separate account in the State Treasury and must be used as provided in this subsection. After a review of interest rates, the State Treasurer shall make recommendations to the Joint Bond Review Committee and, upon approval by the committee, the State Treasurer must use these funds for debt service payments as appropriated annually in the General Appropriations Act.
(B) In making the annual budget recommendation to the General Assembly, the Governor shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless the change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting." /
B. This section takes effect July 1, 1999 and first applies for otherwise unappropriated general fund surplus revenues attributable to fiscal year 1998-99. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. KELLEY moved to table the amendment.
The amendment was then tabled by a division vote of 46 to 40.
Reps. HARVIN, LAW, MADDOX, YOUNG-BRICKELL, HARRIS and RHOAD proposed the following Amendment No. 344 (Doc Name housedesk\council\pt\amend\1385ac99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-21-4200 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF BINGO TAX REVENUES, SO AS TO REVISE THE DISTRIBUTION PERCENTAGES OF BINGO TAX REVENUES AND TO PROVIDE A MINIMUM ANNUAL DISTRIBUTION OF THESE REVENUES OF ONE MILLION DOLLARS TO THE OFFICE ON AGING OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THREE AND ONE-HALF MILLION DOLLARS TO THE PARKS AND RECREATION DEVELOPMENT FUND OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, WITH THE BALANCE OF THE REVENUES CREDITED TO THE GENERAL FUND OF THE STATE, AND TO CORRECT REFERENCES.
A. Section 12-21-4200 of the 1976 Code, as added by Act 449 of 1996, is amended to read:
"Section 12-21-4200. The first nine hundred forty-eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called styled the 'Division On 'Office on Aging Senior Citizen Centers Permanent Improvement Fund'. All interest earned on monies in the Division Office on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:
(1) Seven and five one-hundredths Fifteen percent, but not less than one million dollars, of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division Office on Aging, Office of the Governor of the Department of Health and Human Services. This amount must be allocated to each county for distribution in home community services for the elderly as follows:
(a) One-half of the funds must be divided equally among the forty-six counties.
(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to
The aging service providers receiving these funds must be agencies recognized by the Division Office on Aging of the Office of the Governor Department of Health and Human Services and the area agencies on aging.
(2) Twenty and eight-tenths Thirty-five percent, but not less than three and one-half million dollars, of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.
(3) Seventy-two and fifteen one-hundredths percent of the The remaining annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund."
SECTION 2. This section takes effect July 1, 1999. /
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Rep. JENNINGS explained the amendment.
Rep. JENNINGS continued speaking.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. KELLEY 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. Brown J. Campsen Cato Chellis Cooper
Cotty Dantzler Easterday Edge Fleming Gamble Gilham Govan Hamilton Harrell Harrison Hawkins Hinson Howard Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Lloyd Loftis Martin Mason McLeod M. Moody-Lawrence Neal Parks Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith D. Smith R. Stuart Townsend Tripp Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bales Battle Bowers Breeland Brown G. Brown T. Canty Clyburn Cobb-Hunter Delleney Emory Harris Harvin Hayes Hines J. Hines M. Jennings Kennedy Klauber Lee Littlejohn Lourie Lucas Mack Maddox McCraw McGee McLeod W. McMahand Miller Ott Phillips Pinckney Rhoad Scott Smith F. Smith J. Stille Taylor Whipper Wilder
Reps. CARNELL, CLYBURN, GOVAN, WILDER, NEAL, HOWARD, COBB-HUNTER, MCCRAW, KENNEDY, MACK, BALES, PHILLIPS, BREELAND, LLOYD, PARKS, PINCKNEY, HAYES, JENNINGS, HARVIN, INABINETT, ASKINS, MADDOX, BAILEY, BOWERS, G. BROWN, BATTLE, GOURDINE, MOODY-LAWRENCE, MILLER, LEE, J. SMITH, ALLEN, W. MCLEOD, J. HINES, RUTHERFORD, MCMAHAND, OTT, CANTY, HOWARD, WHIPPER and M. MCLEOD proposed the following Amendment No. 345 (Doc Name dka\3337mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
A. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1, Act 139 of 1997, is further amended by adding:
A. Colleges and Universities
(a) Commission on Higher Education
University Center
McAlister Square 7,500,000
(b) The Citadel
Padget-Thomas Hall
Replacement 8,000,000
(c) Clemson University
Long Hall 4,000,000
Littlejohn Coliseum 9,000,000
(d) University of Charleston
Physical Education Center 12,000,000
Simons Center for the Arts 3,000,000
(e) Coastal Carolina University
Humanities and Fine Arts
Building 5,601,500
(f) Francis Marion University
Energy Facility Upgrade 525,000
(g) Lander University
Renovation of Campus
Electronic Communications
Infrastructure 988,000
Student Center Facility 7,000,000
(h) South Carolina State University
Hodge Hall Science
Building 10,000,000
Lowman Hall 6,000,000
Deferred Maintenance
Phase One 7,500,000
Phase Two 4,000,000
(i) University of South Carolina
Columbia (including Medical School)
School of Public Health 3,500,000
Arena 7,500,000
Wellness and Fitness Center 2,000,000
School of Law
-New Building 5,000,000
(j) USC - Aiken Campus
Student Activities Center 3,000,000
(k) USC - Beaufort Campus
New River Facility 1,000,000
(l) USC - Spartanburg Campus
Def. Maint. 2,000,000
(m) USC Sumter Campus
Alice Drive Baptist Church
-Acquisition 1,500,000
(n) Winthrop University
Sciences Equipment 1,900,000
(o) Medical University of South Carolina
Hollings Cancer Center
-Expansion 10,000,000
Oncology Center 7,000,000
B. State Technical and Comprehensive Education
(a) Technical System
Education and Training
Equipment 13,000,000
(b) Aiken Technical College
Health and Sciences
Building 5,325,000
(c) Central Carolina Techinical College
EF Dubose Career Center 9,611,309
(d) Denmark Technical College
Library 2,000,000
(e) Horry-Georgetown Technical College
Library/Student Center 7,136,224
(f) Midlands Technical College
Information Tech Center NE Campus 5,280,000
(g) Orangeburg-Calhoun Tech College
Library, Cafeteria, and
Student Service Area 4,256,000
(h) Piedmont Technical College
Laurens County Higher
Education Center 4,000,000
Edgefield County Center
Renovation 900,000
(i) Spartanburg Technical College
Student Services Building 5,700,000
(j) Trident Technical College
Industrial/Economic
Development Center 3,000,000
Electro Mech Lab 800,000
(k) York Technical College
Building C Expansion 2,100,000
Machine Tools Technology
Center 1,000,000
(l) Williamsburg County Technical College
Roof Replacement
-Buildings A & B 600,000
Computer Equipment
and Software 599,723
C. OTHER EDUCATIONAL AGENCIES
(a) Governor's School for Science
and Math Renovation of Facility 6,000,000
(b) School for the Deaf and Blind
Walker Hall Renovation 11,920,000
Building Repairs 4,132,550
(c) Wil Lou Gray
Roof System 1,000,000
Flooring 1,000,000
D. OTHER AGENCIES
(a) Budget and Control Board
Deferred Maintenance 4,281,193
(b) Clemson PSA
Agriculture and Life Science Complex 10,000,000
Edisto Center 4,000,000
(c) Department of Commerce
Lake Marion Water
Agency 8,000,000
Spartanburg Renaissance
Center 4,000,000
(d) Departmental Mental Health
Greenville Mental Health
Center 5,985,000
Kershaw/Santee/Wateree
Center 2,300,000
Greenwood Beckman Health Center 4,700,000
(e) Department of Natural Resources
Florence HQ Building 500,000
Greenwood HQ Building 500,000
(f) State Library
Cherokee County Library 500,000
Clinton Public Library 200,000
Dillon County Library 1,000,000
B. Section 4 of Act 1377 of 1968, as last amended by Act 111 of 1997, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,146,199,426.10 2,411,040,925.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these
Rep. CARNELL explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 345 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. CARNELL argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. CARNELL continued speaking.
Rep. H. BROWN moved to table the amendment.
Rep. GOVAN 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 Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Leach Limehouse Littlejohn Loftis Martin Mason McGee Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith D.
Smith R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bales Battle Bowers Breeland Brown J. Brown T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harris Harvin Hayes Hines J. Hines M. Howard Jennings Kennedy Klauber Lee Lloyd Lourie Lucas Mack Maddox McCraw McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Smith F. Smith J. Taylor Webb Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. KLAUBER proposed the following Amendment No. 352 (Doc Name housedesk\council\dka\amend\3345mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND CHAPTER 4, TITLE 30 OF THE 1976 CODE, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party social security numbers in its records, copies of photographs, or signatures whether digitized or not, taken for the purpose of a driver's license or personal identification card.
(B) Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
The amendment was then adopted.
Rep. RHOAD proposed the following Amendment No. 353 (Doc Name housedesk\council\pt\amend\1389ac99.doc), which was ruled out of order.
Amend the amendment to the bill, as and if amended, proposed by Representative Carnell, bearing document number V:\HouseDesk\DKA\Amend\3337MM99.doc, page 8, by adding an item under item (F) to read:
/ ( ) Bamberg County Library Renovations 100,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 353 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. RHOAD argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. FLEMING proposed the following Amendment No. 354, which was ruled out of order.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER AND AT THE SAME COST THAT CREDIT MAY BE ESTABLISHED FOR "OUT -OF-STATE SERVICE", AND TO DEFINE PRIVATE SCHOOL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 9-1-1735. (A) A public school teacher member of the system may establish service credit for time teaching as a certified teacher in a private school in this State in the same manner and at the same cost that credit may be established for 'out-of-state service'.
(B) Private schools include all schools other than public schools provided in Section 59-65-10 for purposes of meeting the requirements of the compulsory attendance law."
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. KELLEY raised a Point of Order that Amendment No. 354 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. KLAUBER and HAWKINS proposed the following Amendment No. 355 (Doc Name council\nbd\11254mm99.doc), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered Section, Part II.
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY
"Section 56-3-545. The Department of Public Safety may not sell, provide, or otherwise furnish to a private party Social Security numbers, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. A social security number, photograph, signature, or digitized image from a driver's license or personal identification card is not a public record."
B. This section takes effect July 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
Reps. KNOTTS and WHATLEY proposed the following Amendment No. 356 (Doc Name council\psd\amend\7313ac99.doc), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-180 SO AS TO PROVIDE THAT UPON RETIREMENT, A STATE TROOPER MAY RETAIN HIS/HER COMMISSION IN RETIRED STATUS WITH THE RIGHT TO RETAIN HIS/HER SERVICE WEAPON ISSUED WHILE SERVING IN ACTIVE DUTY STATUS.
A. The 1976 Code is amended by adding:
"Section 23-6-180. Upon retirement, a state trooper may retain his/her commission in retired status with all rights and privileges of other retired status commissioned state law enforcement officers, including the right to retain his/her service weapon issued while serving in active duty status."
B. Of the funds appropriated to the Department of Public Safety in the 1999-2000 General Appropriation Act, funds must be expended by the department to replace any weapons that remain with retiring troopers pursuant to Section 23-6-180 of the 1976 Code, as added by subsection A. of this Section.
C. This section takes effect July 1, 1999./
Rep. KNOTTS explained the amendment.
The amendment was then adopted.
Reps. KNOTTS, BAUER proposed the following Amendment No. 359 (Doc Name housedesk\council\gjk\amend\20453sd99.doc), which was tabled.
Amend the bill, as and if amended, PART IB, SECTION 56DD, Governor's Office - SLED by inserting at the end of paragraph 9, beginning on line 28, page 476 the following:
/Of the appropriations to the State Law Enforcement Division for Support Services - Special Items - Agent Operations, $23,000 must be used to pay workers' compensation premiums for Class II constables./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 361 (Doc Name housedesk\council\bbm\amend\9154jm99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A THIRTY PERCENT TAX ON GROSS INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE AND A PLAYER TAX AT THE RATE OF FIVE PERCENT ON CERTAIN AMOUNTS, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THESE TAXES, AND TO PROVIDE THAT REVENUES OF THESE TAXES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2779. (A) A tax at the rate of thirty percent is imposed on gross machine income. Gross machine income has the meaning provided in Section 12-21-2772(7), except that the amount
(B) A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.
(C) The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and gross machine income for the previous month, and remit the tax with it.
(D) Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CANTY explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. CANTY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Breeland Brown H. Campsen Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Gamble Gilham Harrell Harrison Harvin Hinson Keegan Kelley Klauber Knotts Koon Limehouse Lloyd Lourie Lucas Maddox Martin McCraw McGee Neilson Parks Phillips Quinn Riser Rodgers Rutherford Sandifer Seithel Smith D. Smith J. Smith R. Stuart
Taylor Townsend Tripp Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Battle Beck Bowers Brown T. Canty Clyburn Delleney Emory Fleming Gourdine Govan Hamilton Harris Haskins Hawkins Hines J. Hines M. Howard Jennings Kirsh Leach Lee Loftis Mack Mason McLeod M. McLeod W. Miller Moody-Lawrence Neal Ott Rhoad Rice Robinson Scott Sharpe Sheheen Simrill Smith F. Trotter Webb Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 362 (Doc Name housedesk\council\bbm\amend\9155htc99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA
Section 59-146-10. This chapter may be cited as the 'State School Facilities Bond Act'.
Section 59-146-20. The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-146-30. As used in this chapter:
(1) 'Department' means the State Department of Education.
(2) 'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.
(3) 'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.
(4) 'State board' means the State Board of Education.
(5) 'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.
Section 59-146-40. In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.
Section 59-146-50. The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. Of the funds appropriated in excess of fifty million dollars pursuant to Section 72.83, Part IB, of the Annual General Appropriations Act for Fiscal
Section 59-146-60. The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:
(1) the amount required for allocation to local school districts for school facilities for the next fiscal year;
(2) a tentative time schedule setting the period of time during which the sum requested must be expended;
(3) a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and
(4) the total amount of all state school facilities bonds issued.
This notification must be presented to the Budget and Control Board by March first of each year.
Section 59-146-70. Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 59-146-80. In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;
(2) a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest on them,
(3) the amount of state school facilities bonds to be issued; and
(4) a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.
Section 59-146-90. The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 59-146-100. All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 59-146-110. All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 59-146-120. For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 59-146-130. State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The
Section 59-146-140. The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.
Section 59-146-150. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
Section 59-146-160. The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.
Section 59-146-170. The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.
Section 59-146-180. To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 362 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. CARNELL argued contra.
Rep. COBB-HUNTER argued contra.
Rep. JENNINGS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BAUER proposed the following Amendment No. 363 (Doc Name housedesk\council\bbm\amend\9156htc99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-270, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVISE AND IMPLEMENT A PROGRAM TO PAY NONPROFIT TAX EXEMPT ORGANIZATIONS FIFTY CENTS A BAG FOR TRASH PICKED UP ALONG PUBLIC RIGHTS OF WAY AND HAULED TO COLLECTION POINTS THROUGHOUT THE STATE.
A. Chapter 1, Title 44 of the 1976 Code is amended by adding:
"Section 44-1-270. From funds appropriated to the Department of Health and Environmental Control for land quality improvement in the Annual General Appropriations Act for Fiscal Year 1999-00, the department shall devise and implement a program that pays nonprofit tax exempt organizations fifty cents a bag for trash picked up along public rights of way, bagged, and hauled to collection points throughout the state designated by the department."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAUER explained the amendment.
Rep. WILKES moved to table the amendment, which was agreed to.
Reps. D. SMITH, HASKINS, LITTLEJOHN, QUINN, ALLEN, TOWNSEND, DAVENPORT, TRIPP, VAUGHN, KIRSH, LEACH, LOFTIS, EASTERDAY, ROBINSON and MARTIN proposed the following Amendment No. 366 (Doc Name KGH\15465HTC99), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-31-110 OF THE 1976 CODE, RELATING TO THE NET EARNINGS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY REMITTED TO THE GENERAL FUND OF THE STATE, SO AS TO ESTABLISH A MINIMUM ANNUAL PAYMENT AND TO REQUIRE THAT FROM THIS MINIMUM PAYMENT THE STATE SHALL REMIT TO ANY SCHOOL DISTRICT OUTSIDE THE AUTHORITY'S SERVICE AREA IN WHICH IS LOCATED AN ELECTRIC GENERATING FACILITY OWNED OR OPERATED BY THE AUTHORITY AN AMOUNT EQUAL TO THE SCHOOL TAXES THAT WOULD BE DUE ON THE FACILITY IF IT WERE ASSESSED FOR PROPERTY TAXES AS UTILITY PROPERTY.
A. Section 58-31-110 of the 1976 Code is amended to read:
"Section 58-31-110. The South Carolina Public Service Authority is a corporation, completely owned by and to be operated for the benefit of the people of this State, and any and all net earnings thereof not necessary or desirable for the prudent conduct and operation of its business or to pay the principal of and interest on its bonds, notes, or other evidences of indebtedness or other obligations or to fulfill the terms and provisions of any agreements made with the purchasers or holders thereof or others shall be paid over semiannually to the State Treasurer for the general funds of the State and shall be used to reduce the tax burdens on the people of this State. This payment must not be less than sixteen million dollars in each state fiscal year. From the amount of this payment in excess of the amount paid in fiscal year 1998-99, the State shall remit to a school district outside of the service area of the authority in which the authority has located an electric generating facility which it owns or operates an amount equal to the school taxes that would be due on this facility if it were assessed for taxes as utility property pursuant to Section 12-43-220(a)."
B. This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. LAW raised a Point of Order that Amendment No. 366 was out of order in that it was not germane to the Bill under Rule 5.3B. He
SPEAKER WILKINS stated that he was aware of the similar Point of Order raised in 1994. He further stated that the 1994 ruling was distinguishable because Amendment No. 366 related directly to revenue in the bill and he would overruled the Point of Order.
Rep. TOWNSEND continued speaking.
Rep. STILLE spoke in favor of the amendment.
Rep. LAW spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. LAW moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Bales Barfield Battle Bauer Beck Bowers Breeland Brown H. Brown T. Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Gamble Gilham Gourdine Harrell Harris Harrison Harvin Hawkins Hayes Hines J. Hinson Howard Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Lee Limehouse Lloyd Lourie Lucas Mason McCraw McGee McLeod M. McLeod W. McMahand Miller Neal Ott Parks Phillips Pinckney Rhoad Riser Rodgers Seithel Sharpe Sheheen
Simrill Smith J. Smith R. Taylor Tripp Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allison Cooper Fleming Hamilton Haskins Kirsh Leach Loftis Martin Moody-Lawrence Quinn Rice Robinson Smith D. Stille Stuart Townsend Trotter Vaughn Walker Webb
So, the amendment was tabled.
Rep. FLEMING proposed the following Amendment No. 367, which was tabled.
Amend the bill, as and if amended, in part II, by adding a new section appropriately numbered to read:
No state correctional institution may expend State appropriated funds for cable television, satellite television, or any similar multi-channel television for Inmate viewing. In addition, no Local government that receives State appropriated funding through aid to subdivisions in the General Appropriations Act may expend funds for cable television, satellite television, or similar multi-channel television for inmate viewing in any jail or detention facility.
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 29.
Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 371 (Doc Name housedesk\council\bbm\amend\9158std99.doc), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Title 59 of the 1976 Code is amended by adding:
Section 59-146-10. This chapter may be cited as the 'State School Facilities Bond Act'.
Section 59-146-20. The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-146-30. As used in this chapter:
(1) 'Department' means the State Department of Education.
(2) 'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.
(3) 'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.
(4) 'State board' means the State Board of Education.
(5) 'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.
Section 59-146-40. In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.
Section 59-146-50. The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. Of the funds appropriated in Section 67 in Part IA, in the Annual General Appropriations Act for Fiscal Year 1999-00 for capital improvement bonds debt service, the first six million dollars must be used to pay debt service on bonds issued pursuant to this chapter during fiscal year 1999-2000. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of its individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds be issued in fiscal year 1999-2000. The authority to issue bonds pursuant to this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.
Section 59-146-60. The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:
(1) the amount required for allocation to local school districts for school facilities for the next fiscal year;
(2) a tentative time schedule setting the period of time during which the sum requested must be expended;
(3) a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and
(4) the total amount of all state school facilities bonds issued.
This notification must be presented to the Budget and Control Board by March first of each year.
Section 59-146-70. Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 59-146-80. In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;
(2) a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual or semi-annual payments required to retire the state school facilities bonds, the interest on them, and the amount of special funds applicable to the retirement of the outstanding state school facilities bonds;
(3) the amount of state school facilities bonds to be issued; and
(4) a schedule showing future annual or semi-annual principal requirements and estimated annual or semi-annual interest requirements on the state school facilities bonds to be issued.
Section 59-146-90. The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 59-146-100. All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 59-146-110. All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid
Section 59-146-120. For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.
Section 59-146-130. State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 59-146-140. The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.
Section 59-146-150. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
Section 59-146-160. The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.
Section 59-146-170. The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.
Section 59-146-180. To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
Rep. HASKINS moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Beck Brown H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Gilham Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith D. Smith R. Townsend Tripp Trotter Vaughn Walker Wilkins Witherspoon Woodrum Young-Brickell
Askins Bailey Bales Battle Bauer Bowers Breeland Brown T. Canty Clyburn Cobb-Hunter Delleney Emory Fleming Gamble Gourdine Govan Harris Harvin Hawkins Hayes Hines J. Howard Jennings Kennedy Klauber Knotts Lee Lloyd Lourie Lucas Maddox McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Seithel Smith F. Smith J. Stille Stuart Taylor Webb Whatley Whipper Wilder Wilkes
So, the House refused to table the amendment.
Rep. WILKINS spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. QUINN raised a Point of Order that Amendment No. 371 was out of order in that it had the effect of appropriating funds in excess of ten million dollars and had no corresponding appropriation reductions and/or revenue increases included in the Bill as required under Rule 5.3B.
Rep. COBB-HUNTER argued contra.
SPEAKER PRO TEMPORE HASKINS stated that, although the amendment would require appropriations in excess of ten million dollars in future fiscal years, the amendment would not require an
Rep. QUINN spoke against the amendment.
Rep. COTTY spoke against the amendment.
Rep. HARRELL spoke against the amendment.
Rep. BAILEY spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. BAILEY demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Battle Bauer Bowers Breeland Brown T. Canty Clyburn Cobb-Hunter Delleney Emory Gamble Gourdine Govan Harris Harvin Hayes Hines J. Howard Jennings Kennedy Knotts Lee Lloyd Lourie Lucas Mack Maddox McCraw McGee McLeod M. McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rutherford Scott Seithel Smith F. Smith J. Stuart Taylor Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Beck Brown H.
Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Fleming Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin Mason Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith D. Smith R. Stille Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was rejected.
I voted against the bond amendment (Amendment No. 371) for school building needs being placed in the budget. There is a separate Senate Bill, that is now in committee, dealing with this subject matter. I believe we should be allowed to debate this through the committee process, taking public testimony, debating the distribution formula and then vote on this matter. The formula in this bond proposal is not in the best interest of the School District of Greenville County.
Rep. HARRY CATO
I voted against the bond amendment (Amendment No. 371) for school building needs being placed in the budget. There is a separate Senate Bill, that is now in committee, dealing with this subject matter. I believe we should be allowed to debate this through the committee process, taking public testimony, debating the distribution formula and then vote on this matter.
Rep. GRESHAM BARRETT
Reps. SANDIFER and RISER proposed the following Amendment No. 376 (Doc Name housedesk\council\gjk\amend\20455htc99.doc), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO PROVIDE FOR A STATEWIDE REFERENDUM ON TUESDAY, November 2, 1999, TO DETERMINE IF THE QUALIFIED ELECTORS OF THE STATE FAVOR FAVOR KEEPING VIDEO POKER GAMBLING LEGAL AND TO MAKE VIDEO POKER GAMBLING ILLEGAL IF A MAJORITY "NO" VOTE IS CERTIFIED ON THAT QUESTION, AND TO ACCOMPLISH THE PURPOSE OF MAKING VIDEO POKER GAMBLING ILLEGAL UNDER THAT CIRCUMSTANCE BY AMENDING SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, OF THE 1976 CODE RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF
SECTION 1. The State Election Commission shall conduct a statewide referendum on Tuesday, November 2, 1999, to determine if the qualified electors of the State favor keeping video poker gambling legal. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the General Assembly, the director of the Department of Revenue, and the Code Commissioner. The referendum question must read as follows:
"Do you favor keeping video poker gambling legal?
SECTION 2. In lieu of the schedule of the notice requirements provided pursuant to Section 7-13-35 of the 1976 Code, the State Election Commission shall provide the notices required by that section on dates four weeks and two weeks respectively before the date of the referendum provided by this Part I.
SECTION 3. The referendum required by this question must be conducted by the State Election Commission using any revenue above $150,000,000 derived from regulations, license fees, or taxation of coin-operated devices licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code received in fiscal year 1999-2000.
Part II
SECTION 1. Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:
"Section 12-21-2710. It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION 2. Section 12-21-2712 of the 1976 Code is amended to read:
"Section 12-21-2712. Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION 3. (A) Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:
"(3) a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
(B) Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(C) The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
(C) Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F) which read:
"(E) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.
(F) Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION 4. Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"Section 12-21-2726. Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION 5. Section 12-54-40 of the 1976 Code, as last amended by Act 387 of 1998, is further amended by deleting subsection (M) which reads:
"(M) A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION 6. Section 16-19-40 of the 1976 Code is amended to read:
"Section 16-19-40. If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any
"Section 16-19-50. Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION 8. Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION 9. Upon the effective date of this Part II, the Department of Revenue, upon application, shall issue prorated refunds of the license tax paid on machines licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code.
SECTION 1. Part I of this section takes effect July 1, 1999.
SECTION 2. Part II of this section takes effect on June 30, 2000, but Part II does not take effect unless a majority "no" vote is certified by the State Election Commission on the question as contained in Part I of this section. /
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Rep. KNOTTS raised a Point of Order that Amendment No. 376 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER proposed the following Amendment No. 81 (Doc Name housedesk\council\gjk\amend\20402std99.doc), which was tabled.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED TEACHER UNDER CERTAIN CONDITIONS.
The 1976 Code is amended by adding:
"Section 9-1-1605. (A) Notwithstanding any other provision of law, the limitation on the amount of earnings in any fiscal year a retiree may receive from a covered employer under the State Retirement System without the loss of retirement benefits does not apply to the earnings a retired teacher who is certified to teach in South Carolina receives if:
(1) teaching in critical need subject areas, critical need school districts, or critical rural schools as defined by the State Department of Education; or
(2) teaching in an impaired school or in a school or school district which currently is rated as 'unsatisfactory' or 'below average' under the Education Accountability Act of 1998.
(B) The provisions of this section are supplemental and in addition to the provisions of Section 9-1-1600."/
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Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 195
TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Title 59 of the 1976 Code is amended by adding:
Section 59-146-10. This chapter may be cited as the 'State School Facilities Bond Act'.
Section 59-146-20. The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.
Section 59-146-30. As used in this chapter:
(1) 'Department' means the State Department of Education.
(2) 'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.
(3) 'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.
(4) 'State board' means the State Board of Education.
(5) 'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.
Section 59-146-40. In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.
Section 59-146-50. The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of its individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds be issued in fiscal year 1999-2000. The authority to issue bonds pursuant to this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.
Section 59-146-60. The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:
(1) the amount required for allocation to local school districts for school facilities for the next fiscal year;
(2) a tentative time schedule setting the period of time during which the sum requested must be expended;
(3) a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and
(4) the total amount of all state school facilities bonds issued.
This notification must be presented to the Budget and Control Board by March first of each year.
Section 59-146-70. Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.
Section 59-146-80. In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:
(1) schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with
(2) a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest on them, and the amount of special funds applicable to the retirement of the outstanding state school facilities bonds;
(3) the amount of state school facilities bonds to be issued; and
(4) a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.
Section 59-146-90. The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.
Section 59-146-100. All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.
Section 59-146-110. All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.
Section 59-146-120. For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis
Section 59-146-130. State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.
Section 59-146-140. The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.
Section 59-146-150. It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.
Section 59-146-160. The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.
Section 59-146-170. The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.
Section 59-146-180. To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented." /
Rep. BAILEY moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 271 (Doc Name housedesk\council\pt\amend\1342dw99.doc), which was tabled.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A FIFTEEN PERCENT TAX ON NET INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THIS TAX, AND TO PROVIDE THAT REVENUES OF THIS TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777. (A) A tax at the rate of fifteen percent is imposed on net machine income. Net machine income has the meaning provided in Section 12-21-2772(7), except that the amount paid out is deemed to include the tax withheld on a player payment pursuant to subsection (B) of this section.
(B) A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.
(C) The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and net machine income for the previous month, and remit the tax with it.
(D) Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B. This section takes effect July 1, 1999. /
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Rep. CANTY moved to table the amendment, which was agreed to.
Reps. ROBINSON, D. SMITH and HARRELL proposed the following Amendment No. 256 (Doc Name \dka\3328sd99.doc), which was tabled.
Amend the bill, as and if amended Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2723 SO AS TO ESTABLISH THE SCHOOL IMPROVEMENT FUND INTO WHICH FOR A PERIOD OF FIVE YEARS CERTAIN FEES AND TAXES COLLECTED FROM VIDEO GAME MACHINES WITH A FREE PLAY FEATURE MUST BE DEPOSITED AND USED FOR SPECIFIED PURPOSES.
A. The 1976 Code is amended by adding:
"Section 12-21-2723. (A) For fiscal year 1999-2000 and until fiscal year 2003-2004, all taxes or fees in excess of fifty million dollars collected each fiscal year from video game machines with a free play feature licensed pursuant to Section 12-21-2720(A)(3) must be deposited in a fund separate and distinct from the state general fund entitled the School Improvement Fund, and used for fiscal year 1999-2000 for K-12 school facilities, higher education permanent improvements, tax relief, and other educational projects as the General Assembly shall provide. For fiscal year 2000-2001 until 2003-2004, the monies in the School Improvement Fund must be used in the manner the General Assembly shall provide for K-12 school facilities, and for higher education permanent improvements. Monies in the School Improvement Fund may be carried forward from fiscal year to fiscal year and interest on earnings shall be retained in the fund and used for its stated purposes.
(B) Beginning with fiscal year 2004-2005, all taxes or fees collected from video game machines with a free play feature licensed pursuant to Section 12-21-2720(A)(3) shall again be deposited in the state general fund unless the General Assembly shall otherwise provide by law."
B. This section takes effect July 1, 1999. /
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Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 273 (Doc Name housedesk\council\pt\amend\1340dw99.doc), which was tabled.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2775 SO AS TO IMPOSE A SEVEN PERCENT TAX ON NET INCOME FROM VIDEO GAME MACHINES WITH A FREE PLAY FEATURE, AND TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE TAX.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2775. (A) A tax at the rate of seven percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A)(3).
(B) The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total cash in, total payout, and net machine income for the previous month, and remit the tax with it.
(C) The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.
(D) Enforcement and collection of this tax are as provided in Chapter 54 of this title.
(E) Revenue of the tax imposed by this section must be credited to the general fund of the State."
B. This section takes effect July 1, 1999. /
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Amend totals and title to conform.
Rep. CANTY moved to table the amendment, which was agreed to.
The motion of Rep. HASKINS to reconsider the vote whereby Section 9, Part IB was adopted was taken up.
Rep. HARRELL moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken, resulting as follows:
Altman Barrett Bauer Brown H. Chellis Cooper Cotty Dantzler Edge Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Law Lloyd McGee McLeod M. Quinn Riser Rutherford Sandifer Stuart Trotter Webb Whipper Wilkes Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Barfield Battle Beck Bowers Breeland Brown T. Campsen Canty Cato Clyburn Cobb-Hunter Delleney Easterday Emory Gamble Gilham Govan Hamilton Harris Harvin Haskins Hines J. Howard Jennings Kennedy Knotts Lanford Leach Limehouse Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McLeod W. McMahand Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Rhoad Rice Robinson Rodgers Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Stille Taylor Townsend Tripp Vaughn Walker Whatley Wilder
Rep. HASKINS proposed the following Amendment No. 115 (Doc Name housedesk\teh\ems.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 9, DHEC, page 133, line 20, opposite /aid cnty restricted/ by increasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
600,000 600,000
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. QUINN spoke against the amendment.
The amendment was then adopted.
2
Section 9 as amended was adopted.
The motion of Rep. SCOTT to reconsider the vote whereby Section 40, Part IA was adopted, was taken up.
Rep. SCOTT moved to table the motion, which was agreed to.
The motion of Rep. MASON to reconsider the vote whereby Amendment No. 134 was tabled, Section 72, Part IB, was taken up.
Rep. MASON moved to table the motion, which was agreed to.
The motion of Rep. WHIPPER to reconsider the vote whereby Amendment No. 106 was rejected, Section 54B, Part IA, was taken up.
Rep. WHIPPER moved to table the motion, which was agreed to.
The motion of Rep. J. SMITH to reconsider the vote whereby Section 63 A, Part IB, was adopted was taken up.
The motion of Rep. J. SMITH to reconsider the vote whereby Section 56C Part IA was adopted, was taken up and agreed to.
Reps. J. SMITH, MOODY-LAWRENCE, ALLEN, COBB-HUNTER, CARNELL, MACK, PHILLIPS, SCOTT, RUTHERFORD and GOVAN proposed the following Amendment No. 235, which was adopted.
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY &PROGRAMS, page 323, immediately after line 07, by inserting a new line to read:
Column 5 Column 6
/ SC First Steps 10,000,000
(0)/
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Section 56C as amended was adopted.
The motion of Rep. KNOTTS to reconsider the vote whereby Amendment No. 291 was adopted, Section 72, was taken up.
Rep. KNOTTS moved to table the motion, which was agreed to.
The motion of Rep. RISER to reconsider the vote whereby Amendment No. 31 was adopted, Section 13, Part II, was taken up.
Rep. COOPER moved to table the motion, which was rejected.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. STILLE proposed the following Amendment No. 31 (Doc Name COUNCIL\NBD\AMEND\11233JM99), which was tabled.
Rep. RISER moved to table the amendment, which was agreed to.
Section 13 was adopted.
The motion of Rep. J. SMITH to reconsider the vote whereby Section 67, Part IA was adopted, was taken up.
Rep. J. SMITH moved to table the motion, which was agreed to.
The motion of Rep. RUTHERFORD to reconsider the vote whereby Amendment No. 204 was rejected, Part II, was taken up.
Rep. RUTHERFORD moved to table the motion, which was agreed to.
The motion of Rep. SHARPE to reconsider the vote whereby Amendment No. 163 was adopted, Section 35, Part IB, was taken up.
Rep. SHARPE moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63A, Part IA was adopted, was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No.372 (Doc Name \h-wm\002\balance.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63A, B&C BOARD- DIVISION OF EXECUTIVE DIRECTOR, page 343, line 17, opposite /Human Services Facility Consolidation/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
1,000,000 1,000,000
(0) (0)
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Section 63A as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63G Part IA was adopted, was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 373 (Doc Name housedesk\h-wm\006\balbenefits.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63G, B&C - EMPLOYEE BENEFITS, page 376, line 8, opposite /Retirement Sppl - State Emp/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
291,000 291,000
Amend the bill further, as and if amended, page 376, line 10, opposite /Supplement - Public School Emp/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
429,000 429,000
Amend the bill further, as and if amended, page 376, line 15, opposite / Retirement - Pol Off, Reg/Sap / by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
6,000 6,000
Amend the bill further, as and if amended, page 376, line 16, opposite /Retirement Sppl - Pol Off/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
25,000 25,000
Amend the bill further, as and if amended, page 376, line 33, opposite /Employee Pay Plan/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
115,000 115,000
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Section 63G as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 63G Part IA was adopted, was taken up and agreed to.
Reps. ROBINSON and HARRELL proposed the following Amendment No. 374 (Doc Name housedesk\h-wm\010\retire2.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63G, B&C - EMPLOYEE BENEFITS, page 376, line 23, opposite /Health Insurance - Employer Contributions/ by decreasing the amount(s) in columns 5 and 6 by:
Column 5 Column 6
2,722,167 2,722,167
(0) (0)
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Section 63G as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 17 Part IB was adopted, was taken up and agreed to.
Rep. COOPER proposed the following Amendment No. 167 (Doc Name housedesk\h-wm\007\discus.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17, State Library, page 443, paragraph 6, line 22, by adding an appropriately numbered paragraph to read:
The amendment was then adopted.
Section 17 as amended was adopted.
Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.
Rep. H. BROWN gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
The Bill, as amended, was read the second time and ordered to third reading.
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 IA, Section 53
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY CATO
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 IA, Sections 29, 9
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. CHIP CAMPSEN
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 IA, Part IB, Part II, Section Number(s) 30, 38, 43, 44, 51, 45, 50, 55, 64, 66
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. BILL COTTY
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
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. F. G. DELLENEY, JR.
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 IA, Part IB, Section(s) 5K, 72, 63G
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
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 IA, Section 9
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).
Rep. DAVID MACK III
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 IA, Section(s) 9, 13, 27, 28, 30, 38, 47, 50, 53, 55, 56A, 56C, 63A-H, 64, 44, 45, 46, 51, 43, 40, 32, 36
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. CORDELL MADDOX
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 IA, Section 1
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).
Rep. DENNY NEILSON
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 IA, Section(s) 9, 13, 27, 28, 30, 38, 47, 50, 53, 55, 56A, 56C, 63A-H, 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or
Rep. DOUG SMITH
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:
Section Numbers 55, 34, 37, 51, 35, 30, 39, 50, 38, 64, 46, 9
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. SMITH
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, Part II, Section(s) 64, 63E, 46, 45, 22, 55, 51, 27
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,
Rep. TIMOTHY WILKES
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 IA, Part IB, Sections 30, 55, 38, 43, 50
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or
commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID WILKINS
Rep. CLYBURN moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.
H. 3678 (Word version) -- Reps. Haskins and J. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 24, 1999, AS "SOUTH CAROLINA DAY OF REMEMBRANCE OF THE ARMENIAN GENOCIDE OF 1915-1923" SO AS TO HONOR THE MEMORY OF THE ONE AND ONE-HALF MILLION PEOPLE OF ARMENIAN ANCESTRY WHO LOST THEIR LIVES DURING THAT
At 4:35 A.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Mitch Sizemore of Rock Hill, to meet at 10:00 A.M. Friday.
H. 3753 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.
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