Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Psalm 22:28: "Dominion belongs to the Lord, and He rules over the nations."
Let us pray. Heavenly Father, You promise that all things work for good in Your realm. You give us all that we need to bring the world closer to perfection. Make us now instruments and channels of Your presence and power. Give us insight to do the right thing. Hear us, Merciful God. 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. J. HINES moved that when the House adjourns, it adjourn in memory of Rev. John Allsbrook of Darlington, which was agreed to.
The SPEAKER ordered the following veto printed in the Journal:
March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3615 (Word version), R.17, a Joint Resolution:
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
March 12, 2003
The Honorable David H. Wilkins
Speaker of the House of Representatives
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3633 (Word version), R.18, a Joint Resolution:
A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS MISSED ON JANUARY 23, 2003, AND JANUARY 24, 2003, BY THE STUDENTS OF ANY SCHOOL IN THE LAURENS COUNTY SCHOOL DISTRICT NUMBER FIFTY-SIX WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS, ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
This veto is based upon my belief that H. 3633, R.18 is unconstitutional.
Though well-intentioned as it might be, H. 3633, R.18 is an example of specific legislation that has been enacted to address circumstances that could have been addressed by general legislation. The state constitution clearly prohibits the enactment of special legislation where a "general law can be made applicable." S.C. Const. Art. III, Section 34 (IX). The General Assembly should establish a general statute that sets forth the general types of events or occasions when missed school days should be exempted from the make-up requirement. The recurring nature of legislation like H. 3633, R.18 demonstrates the policy basis for Article III, Section 34's directive that special legislation be avoided in all cases where general legislation can be enacted.
In summary, I believe the specific nature of H. 3633, R.18 renders this Joint Resolution unconstitutional. For this reason, I am returning H. 3633, R.18 to you without my signature.
Sincerely,
Mark Sanford
Governor
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 457 (Word version) -- Senators Patterson, Jackson, Giese and Courson: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE SC-277 PEDESTRIAN OVERPASS IN RICHLAND COUNTY AS THE "CONGRESSMAN JAMES E. CLYBURN PEDESTRIAN OVERPASS" FOR HIS ENORMOUS EFFORTS IN OBTAINING THE FUNDS FROM THE UNITED STATES CONGRESS NECESSARY TO BUILD THIS OVERPASS.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 66 (Word version) -- Senators Knotts, Setzler and Moore: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF U.S. HIGHWAY 1 THAT RUNS FROM INTERSTATE 20 TO THE OAK GROVE AREA IN LEXINGTON COUNTY IN HONOR OF THE LATE F. W. "BILLY" CAUGHMAN FOR HIS COMMUNITY, CIVIC, AND POLITICAL IMPACT ON THE CITY OF LEXINGTON AND LEXINGTON COUNTY AND INSTALL APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER MR. CAUGHMAN'S CONTRIBUTIONS TO THE COMMUNITY.
Ordered for consideration tomorrow.
Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 135 (Word version) -- Senator Verdin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME INTERSTATE 385 IN LAURENS COUNTY AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF LAURENS COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT
Rep. KIRSH, from the York Delegation, submitted a favorable report on:
S. 454 (Word version) -- Senators Hayes, Peeler and Short: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED IN 2002-2003, BY THE STUDENTS OF THE FOUR SCHOOL DISTRICTS IN YORK COUNTY WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS MAY BE MADE UP BY EXEMPTING THEM FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AUTHORIZE EXTENDING THE LENGTH OF SCHOOL DAYS OR MAKE-UP DAYS ON SATURDAYS, OR AUTHORIZE THE DISTRICTS TO USE COMBINATIONS OF THESE AS APPROPRIATE FOR A PARTICULAR SCHOOL, AND TO REQUIRE THE PLANS CHOSEN TO BE APPROVED BY THE LOCAL SCHOOL BOARD.
Ordered for consideration tomorrow.
The following was introduced:
H. 3791 (Word version) -- Rep. Parks: A HOUSE RESOLUTION TO COMMEND LEILA P. MCMILLAN OF MCCORMICK COUNTY FOR HER CONTRIBUTION TO THE MCCORMICK COUNTY SENIOR CENTER AT WHICH SHE HAS SERVED AS EXECUTIVE DIRECTOR SINCE ITS CREATION AND CONGRATULATE HER ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-ONE YEARS OF SERVICE.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3792 (Word version) -- Rep. Harvin: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO EXPEND FUNDS IN ITS SCHOOL BUILDING FUND TO MEET ITS COSTS OF OPERATIONS AND MAINTENANCE AND TO REPLACE FUNDS LOST AS A CONSEQUENCE OF REDUCTIONS IN STATE APPROPRIATIONS.
Referred to Clarendon Delegation
H. 3793 (Word version) -- Reps. Gilham, Ceips and Herbkersman: A BILL TO AMEND SECTION 14-23-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF EACH COUNTY TO PROVIDE THE JUDGE OF PROBATE WITH THE NECESSARY OFFICE EQUIPMENT, BOOKS, OFFICE SPACE, AND PERSONNEL FOR THE OPERATION OF THE COURT, SO AS TO PROVIDE THAT THESE JUDGES HAVE ABSOLUTE CONTROL OVER THESE MATTERS, INCLUDING USE OF BUDGETED FUNDS, EMPLOYEE CLASSIFICATIONS, COMPENSATION, AND PROMOTIONS.
Referred to Committee on Judiciary
H. 3794 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 23, 2003, BY THE STUDENTS OF DILLON COUNTY SCHOOL DISTRICT NOS. 1, 2, AND 3 WHEN THE SCHOOLS WERE CLOSED DUE TO INCLEMENT WEATHER CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. HAYES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Altman Anthony Bales Barfield Battle Bingham Bowers Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Duncan Emory Freeman Frye Gilham Gourdine Govan Hagood Harrell Hayes Herbkersman J. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Neilson Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rhoad Rice Richardson Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Thursday, March 13.
Lester P. Branham Chip Huggins Mack Hines Greg Delleney Joel Lourie George Bailey Vincent Sheheen James Harrison Tracy Edge Ralph Davenport Bill Cotty Richard Quinn Glenn Hamilton Todd Rutherford Joseph Neal Olin Phillips Gloria Haskins Alex Harvin Douglas Jennings
DOCTOR OF THE DAY
Announcement was made that Dr. John B. Dubose of Camden is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3777 (Word version)
Date: ADD:
03/13/03 SHEHEEN
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 HARRISON
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 GOVAN
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 GILHAM
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 MARTIN
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 STILLE
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 SINCLAIR
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 J. E. SMITH
Bill Number: H. 3128 (Word version)
Date: ADD:
03/13/03 W. D. SMITH
Bill Number: H. 3409 (Word version)
Date: REMOVE:
03/13/03 LITTLEJOHN
Bill Number: H. 3780 (Word version)
Date: REMOVE:
03/13/03 MCLEOD
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 166, Section 10, Part IB.
Rep. QUINN proposed the following Amendment No. 166 (Doc Name h:\legwork\house\amend\h-wm\003\propertyrevenue.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, DEPARTMENT OF MENTAL HEALTH, page 387, paragraph 6, line 35, after /these funds on/ by inserting:
/other operating expenses or on/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. BOWERS proposed the following Amendment No. 303 (Doc Name h:\legwork\house\amend\h-wm\008\vetnursehmcapsale.doc), which was tabled:
Rep. BOWERS explained the amendment.
Rep. RICE moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Cato Ceips Chellis Clemmons Coates Cooper Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey McCraw McGee Merrill Owens Parks Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers White
Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bailey Bales Bowers Branham Breeland G. Brown R. Brown Clark Clyburn Cobb-Hunter Emory Freeman Gourdine Govan Hayes J. Hines M. Hines Hosey Kennedy Koon Lloyd Mack McLeod Miller Moody-Lawrence J. M. Neal Neilson Rhoad Rivers Scott Sheheen F. N. Smith J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
Section 10 was adopted.
Rep. RICE proposed the following Amendment No. 156 (Doc Name h:\legwork\house\amend\h-wm\003\wedlock.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 390, paragraph 6, line 19, by striking: /and Out of Wedlock Pregnancy/
Amend the bill further, as and if amended, page 390, paragraph 6, lines 22-26, by striking:/The department shall continue to contract, at the same funding level for the same purposes, with local prevention programs that meet the requirements of Section 44-122-40(A)(1) and (2) of the South Carolina Code using TANF funds as authorized by Sections 401 and 402 of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 relating to prevention of out-of-wedlock pregnancies. An amount equal to ten percent of such funds
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 269 (Doc Name h:\legwork\house\amend\h-wm\003\daycaretransfer.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 394, after line 17, by adding an appropriately numbered paragraph to read:
/(DSS: Day Care Licensing) Funding for Day Care Licensing in Part IA, Section 13, Department of Social Services, must be transferred to the Department of Health and Environmental Control by September 1, 2003. The amount to be transferred must be $2,458,618 in total funds and $55,204 in general funds. The number of FTE's to be transferred must be 13.00 total funds and 1.17 general funds. The Director of the Office of State Budget must provide for this transfer after conferring with the directors of state agencies affected by this provision. The Department of Health and Environmental Control must consider employees of the Department of Social Services working in Day Care Licensing for employment with the Department of Health and Environmental Control in a similar capacity./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 116 (Doc Name h:\legwork\house\amend\h-wm\003\13.27costshareplan.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 13, DEPARTMENT OF SOCIAL SERVICES, page 394, paragraph 27, lines 8-9, by striking /as defined by regulations of the State Budget and Control Board/ and inserting after the period a new sentence to read: /The board shall submit the plan for coordination of care and cost
Rep. QUINN explained the amendment.
The amendment was then adopted.
Section 13, as amended, was adopted.
Section 14 was adopted.
Section 17 was adopted.
Section 19 was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 21 was adopted was taken up and agreed to.
Reps. FREEMAN and NEILSON proposed the following Amendment No. 101 (Doc Name h:\legwork\house\amend\h-wm\009\forestry $$toschools.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 398, paragraph 1, lines 19-21, by striking the proviso in its entirety and inserting /From total funds appropriated and/or authorized to the State Forestry Commission, the commission is directed to remit to the State Treasurer an amount equal to twenty-five percent of the gross proceeds retained by the commission in FY 2002-03 authorized by proviso 21.5 of Act 289 of 2002, which otherwise would have been received by the State pursuant to Section 48-23-260 from the sale of timber, pulpwood, poles, gravel, land rentals, and other privileges on State Forestry Commission lands. These funds shall be remitted in four equal installments over a four year period. The State Treasurer is directed to apportion such funds according to the provisions of Section 48-23-260. /
Rep. LUCAS explained the amendment.
Rep. LUCAS continued speaking.
Rep. LITTLEJOHN spoke against the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 101 was tabled.
Rep. HARRELL moved to table the motion to reconsider.
Rep. FREEMAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Bingham Bowers Cato Ceips Chellis Clark Clemmons Cobb-Hunter Cooper Cotty Dantzler Duncan Edge Frye Gilham Gourdine Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh
Koon Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee Merrill Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith Stewart Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Battle Branham Breeland G. Brown J. Brown R. Brown Clyburn Coleman Delleney Emory Freeman Govan J. Hines M. Hines Hosey Howard Jennings Lee Lloyd Lourie Lucas Mack McLeod Miller J. H. Neal J. M. Neal Neilson Parks Sheheen G. M. Smith J. E. Smith Snow Stille Talley Thompson Weeks Whipper
So, the motion to reconsider was tabled.
Reps. FREEMAN, NEILSON and LUCAS proposed the following Amendment No. 172 (Doc Name h:\legwork\house\amend\h-wm\009\forestry$$toschools.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 21, FORESTRY COMMISSION, page 398, paragraph 1, line 19-21, by striking the
Rep. FREEMAN explained the amendment.
Rep. NEILSON spoke in favor of the amendment.
Rep. G. M. SMITH spoke in favor of the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. G. M. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Duncan Edge Frye Gourdine Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Mahaffey Martin McCraw McGee Merrill Owens
Perry Phillips E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Allen Anthony Bales Branham Breeland G. Brown J. Brown R. Brown Clyburn Coleman Delleney Emory Freeman Govan J. Hines M. Hines Hosey Howard Jennings Lee Lloyd Lourie Lucas Mack McLeod Miller J. M. Neal Neilson Parks Rutherford Scott Sheheen Simrill F. N. Smith G. M. Smith J. E. Smith Stille Weeks Whipper
So, the amendment was tabled.
Section 21 was adopted.
Rep. MCLEOD proposed the following Amendment No. 39 (Doc Name h:\legwork\house\amend\h-wm\009\delagcommsuspension. doc), which was tabled:
Rep. MCLEOD explained the amendment.
Rep. MCLEOD continued speaking.
Rep. COOPER moved to table the amendment, which was agreed to.
Rep. WITHERSPOON proposed the following Amendment No. 233 (Doc Name h:\legwork\house\amend\council\gjk\20325sd03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 22, DEPARTMENT OF AGRICULTURE, page 400, by adding a new paragraph appropriately numbered to read:
/ 22.___. During fiscal year 2003-2004, the interest rate required to be paid to the Insurance Reserve Fund in connection with its loan to the Grain Dealers Guaranty Fund under Section 46-40-50 shall be the average prime rate of the five largest banks in South Carolina by deposits and not the interest rate specified by Section 34-31-20(A). /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WITHERSPOON explained the amendment.
Rep. WITHERSPOON continued speaking.
The amendment was then adopted.
Section 22, as amended, was adopted.
Section 26 was adopted.
Reps. G. M. SMITH and WEEKS proposed the following Amendment No. 100 (Doc Name council\ghk\20314djc03krl.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, DEPARTMENT OF COMMERCE, page 406, beginning on line 7, by striking paragraph 27.14 and inserting:
/ 27.14. (CMRC: Coordinating Council Funds) (A) Notwithstanding another provision of law from the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, the council is authorized to expend funds which were not obligated or committed as of July 1 of the current fiscal year only for the purposes of water/sewer projects, road construction/improvement projects, and for site preparation necessary for the construction or expansion of an industry or business facility, and for planning, coordinating, and implementing efforts to promote South Carolina's interests in preserving existing bases and military missions within the State, and in locating future military bases and missions in the State. Site preparation is defined as surveying, environmental and geo-technical study and mitigation, clearing, filling, and grading. Planning, coordinating, and implementing efforts to promote South Carolina's interests in preserving existing bases and military missions includes, but is not limited to, providing funds to the governing bodies of counties having military bases, to be used in local campaigns to preserve existing bases in those counties, in locating future military bases and missions in the State, and in taking other actions as the governing body of a county considers necessary or advisable in the furtherance of preserving or locating an existing or future base or mission within the State.
From the amount set aside pursuant to Section 12-28-2910 of the 1976 Code, and as soon as practicable during the current fiscal year, the council shall forward not less than one hundred thousand dollars to each of the governing bodies of Beaufort, Charleston, Richland, and Sumter Counties, for use by the governing bodies of those counties in a manner consistent with preserving existing military bases and missions within the State, and attracting future military bases and missions to this State.
The Coordinating Council shall annually prepare a detailed report each year for submission to the General Assembly by March 15 of each year which itemizes the expenditures from the fund for the preceding calendar year. Such The report shall include an identification of the
The General Assembly shall not appropriate funds, and shall not direct the Coordinating Council to extend loans or grants nor shall the Coordinating Council extend any loans or grants from the amount set aside pursuant to Section 12-28-2910 for any purpose other than those listed in this proviso. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. M. SMITH explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Section 27 was adopted.
Rep. PERRY proposed the following Amendment No. 104 (Doc Name h:\legwork\house\amend\h-wm\005\29aredcliffe.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 29A, S.C. CONSERVATION BANK, page 407, after line 3, by adding an appropriately numbered section with a new appropriately numbered paragraph to read:
/(SCCB: PRT transfer) Of funds authorized to the SC Conservation Bank, in FY 03-04 $40,898 shall be transferred to the Department of Parks, Recreation and Tourism Subfund 4279 Gifts & Endowments for replenishing funds taken from the Redcliffe Plantation account./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. PERRY explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 104 was out of order under Rule 5.4 in that it attempted to provide an appropriation to pay for a private entity for the State.
Rep. LOURIE moved to table the amendment, which was agreed to by a division vote of 46 to 30.
Section 30 was adopted.
Section 31 was adopted.
Section 32 was adopted.
Rep. MCGEE proposed the following Amendment No. 276 (Doc Name h:\legwork\house\amend\h-wm\010\worthlesscheckfee.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 33, PROSECUTION COORDINATION COMMISSION, page 411, paragraph 33, lines 20-22, by striking /The Prosecution Coordination Commission shall approve a fee schedule recommended by the 16 Circuit Solicitors, which must be implemented if a Circuit Solicitor establishes a Worthless Check Unit as permitted herein./ and inserting /The fee schedule shall be fifty dollars for checks up to $500, one hundred dollars for checks $501-$1,000, and one hundred-fifty dollars for checks $1,001 or greater./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MCGEE explained the amendment.
The amendment was then adopted.
Section 33, as amended, was adopted.
Rep. M. A. PITTS moved to reconsider the vote whereby Amendment No. 104 was tabled and the motion was noted.
Section 34 was adopted.
Rep. G. M. SMITH proposed the following Amendment No. 90 (Doc Name council\swb\amend\5268djc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 414, paragraph 35.7, by deleting the paragraph in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. G. M. SMITH explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. SHEHEEN and G. M. SMITH proposed the following Amendment No. 155 (Doc Name h:\legwork\house\amend\ council\ggs\22962htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 415, by striking lines 18, 19, 20, and inserting / juvenile /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LIMEHOUSE spoke in favor of the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 155 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.
Rep. SHEHEEN spoke in favor of the amendment.
The amendment was then adopted.
Rep. PERRY raised the Point of Order that Proviso 35.7 was out of order in that it was in violation of Rule 5.3 in that it was not related to the appropriation of state funds.
SPEAKER WILKINS sustained the Point of Order, ruled Section 35.7 out of order and ordered it stricken from the Bill.
Rep. SCOTT raised the Point of Order that Proviso 35.12 (D) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SCOTT raised the Point of Order that Proviso 35.12 (E) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SCOTT raised the Point of Order that Proviso 35.12 (F) was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Reps. LEACH and LIMEHOUSE proposed the following Amendment No. 268 (Doc Name h:\legwork\house\amend\ council\dka\3341dw03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, COMMISSION ON INDIGENT DEFENSE, page 416, paragraph 35.13, line 3, by inserting:
/ Provided, however, in those counties which contract with appointed counsel for the defense of indigents other than the public defender, one-half of the fee collected may be remitted by the Clerk of Court to the county which contracts for payment for these services. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment was then adopted.
Section 35, as amended, was adopted.
Reps. TOWNSEND, GILHAM and LOURIE proposed the following Amendment No. 302 (Doc Name h:\legwork\house\amend\h-wm\011\dmvreformactnodate.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, paragraph 27, line 28, by inserting at the end:
/During the fifth year of a ten-year license, the licensee must submit by mail to the department a certificate from a person authorized by law in this State to screen eyes or appear in person at a department office to complete a vision screening. If a licensee fails to submit a certificate or fails to appear in person, the licensee must be fined fifty dollars. The department shall waive the fine if the person completes the requirements of this section within ninety days after the end of the fifth year of a ten-year license. This fine must be placed by the Comptroller General into a special restricted account to be used by the department to defray the expenses incurred by this section. Interest accrued by this account must remain in this account. A vision screening will not be required before October 1, 2008, if a licensee is less than sixty-five years of age, his license expires on his birth date on the fifth calendar year after the calendar year in which it was issued, and his license is renewed for an additional five years by mail or electronically. If a licensee is sixty-five years of age or older and his license expires on his birth date on the fifth calendar year after the calendar year in which it is issued, then he may renew his license by mail for an additional five years upon submission of a certificate from a person authorized by law in this State to screen eyes./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. RICE raised the Point of Order that Amendment No. 302 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. JENNINGS proposed the following Amendment No. 204 (Doc Name h:\legwork\house\amend\h-wm\006\licensefeeincr.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, line 29, by adding an appropriately numbered paragraph to read:
/Notwithstanding Sections 56-1-140 and 56-1-200 of the 1976 Code, Beginning July 1, 2003, the fee for issuance of a license is increased from twelve dollars and fifty cents to twenty-five dollars. The fee for obtaining a duplicate or substitute license is increased to six dollars./
Renumber sections to conform.
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Rep. JENNINGS explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Reps. GILHAM, TOWNSEND and MCLEOD proposed the following Amendment No. 315 (Doc Name h:\legwork\house\amend\ council\gjk\20348sd03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 36, DEPARTMENT OF PUBLIC SAFETY, page 419, paragraph 36.26, line 17, by deleting the paragraph in its entirety and inserting:
/36.26. (DPS: Law Enforcement Subsistence) for the current fiscal year only, of the allocation provided pursuant to Section 56-19-420(B)(1), fifty percent must be deposited with the Division of Motor Vehicles and used for its general operating purposes, twenty-five percent, must be deposited with the Department of Education and used to support adult education programs and the twenty-five percent must be deposited into the State General Fund and used to increase the subsistence allowance for law enforcement officers. For taxable year 2003, the subsistence deduction allowed pursuant to Section 12-6-1140(6) of the 1976 Code is increased to six dollars and sixty-seven cents for each regular work day./
Rep. GILHAM explained the amendment.
Rep. YOUNG moved to table the amendment.
Rep. MCLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled.
Section 36, as amended, was adopted.
Reps. WILKINS, HARRELL and J. BROWN proposed the following Amendment No. 151 (Doc Name h:\legwork\house\amend\ council\ggs\22957htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 422, paragraph 37.23, by inserting immediately after line 34:
/ The Director of the Department of Corrections, in consultation with the General Assembly, shall develop a plan to address the findings of the Legislative Audit Council with respect to prison industries and shall submit recommendations to the General Assembly by December 1, 2003. /
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Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 165 (Doc Name h:\legwork\house\amend\council\pt\1375mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, DEPARTMENT OF CORRECTIONS, page 423, paragraph 37.30, line 25, by deleting the paragraph in its entirety.
Rep. RICE explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. LIMEHOUSE continued speaking.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to by a division vote of 68 to 11.
Rep. J. E. SMITH raised the Point of Order that Proviso 37.29 was out of order under Rule 5.3 B in that it was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS stated that the amendment did not meet the substantial effect requirements of the rule. He therefore sustained the Point of Order, ruled the section out of order and ordered it stricken from the Bill.
Rep. J. E. SMITH raised the Point of Order that Proviso 37.27 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Section 37, as amended, was adopted.
Rep. G. M. SMITH proposed the following Amendment No. 182 (Doc Name h:\legwork\house\amend\council\nbd\11383mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 38, DEPARTMENT OF PROBATION, PAROLE AND PARDON, page 425, by adding an appropriately numbered paragraph after paragraph 38.11, to read:
(1) publish a schedule of probation violation hearings to be held in each county not later than the fifteenth day of the month preceding the month the hearing is to be held. The schedule must be posted prominently at the country court house and in not less than three additional places frequented by the general public within the county, and must also be accessible to the public on the department's internet web page; and
(2) provide written notice of the date, time, and place of a probation violation hearing to the defendant and his attorney not less than ten days before the date set for the hearing. The written notice to the defendant and his attorney must also contain a statement of the grounds upon which the department seeks revocation of the defendant's probation.
(B) A probation revocation hearing may not be held unless the department complies with this section and can show that a defendant and his attorney received not less than ten days written notice of the exact date and time of the hearing as required by this section. /
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Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
Section 38, as amended, was adopted.
Section 39 was adopted.
Rep. COBB-HUNTER moved that the House recede until 2:15 p.m., which was agreed to.
Further proceedings were interrupted by the House receding, the pending question being consideration of Part IB.
At 2:15 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Rep. CLYBURN proposed the following Amendment No. 102 (Doc Name h:\legwork\house\amend\h-wm\006\workersindigent.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 43, WORKERS' COMPENSATION COMMISSION, page 428, paragraph 4, line 14, by inserting at the end:/ if it is determined that the individual is indigent, This filing fee must be waived/.
Renumber sections to conform.
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Rep. CLYBURN explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 238 (Doc Name h:\legwork\house\amend\h-wm\006\wccfinespenalty.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 43, WORKERS' COMPENSATION COMMISSION, page 428, after line 21, by adding an appropriately numbered paragraph to read:
/The Workers' Compensation Commission is authorized to double the amount of fines and penalties assessed for each violation of the Workers' Compensation Act, except that for employers found to be uninsured in violation of the Act, the minimum amount of the penalty assessed will be $750 per year of non-compliance and the maximum amount of such penalty will be $1,000 per year of non-compliance and
Rep. J. E. SMITH explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Barfield Battle Chellis Clark Clemmons Cooper Cotty Dantzler Duncan Edge Emory Freeman Gilham Hagood Hamilton Harrell Harrison Herbkersman Hinson Huggins Kirsh Leach Littlejohn Loftis Lourie Mahaffey McCraw Merrill Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Rivers Sandifer Scarborough Simrill Skelton D. C. Smith J. R. Smith Stewart Stille Taylor Thompson Toole Trotter Umphlett Vaughn White Whitmire Young
Those who voted in the negative are:
Breeland G. Brown Cato Cobb-Hunter J. Hines M. Hines Hosey Howard Lee
Lloyd Mack Miller J. H. Neal J. M. Neal J. E. Smith
So, the amendment was tabled.
Section 43, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 50 was adopted was taken up and agreed to.
Rep. RICHARDSON proposed the following Amendment No. 213 (Doc Name h:\legwork\house\amend\h-wm\006\cosmetology2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, DEPARTMENT OF LABOR, LICENSING AND REGULATION, page 430, after line 26, by adding an appropriately numbered paragraph to read:
/Notwithstanding the provisions of Section 40-7-280 or any other provision of law, a person licensed as a cosmetologist, esthetician, or manicurist pursuant to Chapter 13 may practice, within the scope of practice authorized by the person's license, in a barbershop registered in accordance with this chapter./
Renumber sections to conform.
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Rep. RICHARDSON explained the amendment.
The amendment was then adopted.
Section 50, as amended, was adopted.
Rep. YOUNG proposed the following Amendment No. 152 (Doc Name h:\legwork\house\amend\h-wm\006\dotpermits.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 53, DEPARTMENT OF TRANSPORTATION, page 433, paragraph 14, line 7, by striking /2002-03/ and inserting / 2003-04/
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Section 53, as amended, was adopted.
Rep. MERRILL proposed the following Amendment No. 211 (Doc Name h:\legwork\house\amend\council\nbd\11372ac03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 53C, PORTS AUTHORITY, page 433, paragraph 53C.1, by deleting line 30 and inserting:
/unexpended as of July 1, 2002 2003 pay eight million dollars before July 31, 2003, and pay one million dollars before June 30, 2004 to continue the Charleston Cooper River Bridge project./
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Rep. MERRILL explained the amendment.
The amendment was then adopted.
Section 53C, as amended, was adopted.
Rep. COATES proposed the following Amendment No. 250 (Doc Name h:\legwork\house\amend\council\dka\3337dw03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding a appropriately numbered paragraph to read:
/63.__. (BCB: Military quarterly filing relief) No interest, penalties, or other sanctions may be imposed on the active duty income of members of the National Guard and Reserves activated as a result of the conflict in Iraq and the war on terrorism with regard to payment of state estimated quarterly individual income tax payments if the active
Rep. COATES explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 274 (Doc Name h:\legwork\house\amend\h-wm\005\63restore4358, 4308.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Agriculture Subfund transfer) /Of other funds authorized for the Budget & Control Board Energy Program for Classified and Unclassified positions, $177,000 shall be transferred to the Department of Agriculture to first replenish Subfund 4358 Grain Producers Guaranty Fund, with the remainder going to Subfund 4308 Whse Receipts Guarantee.
Renumber sections to conform.
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Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER continued speaking.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 94 (Doc Name h:\legwork\house\amend\h-wm\005\72freezeagencydir.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 455, paragraph 63.15, after line 16, by inserting /For FY 03-04, no existing agency head or new hire for an agency director's position shall be compensated above the FY 02-03 annual salary paid for that position./
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 37 (Doc Name h:\legwork\house\amend\h-wm\002\63milservleave.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(B&CB: Military service) Notwithstanding the provisions of Section 8-11-610 of the 1976 Code, a permanent full-time state employee who serves on active duty as a result "Operation Enduring Freedom" or "Operation Noble Eagle," or in a unit federalized for duty in connection with potential or actual hostilities in Iraq, or any combination of these duties, and performs such duty may use up to forty-five days of accumulated annual leave and may use up to ninety days of accumulated sick leave in a calendar year as if it were annual leave. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\h-wm\005\emplbonus.doc):
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Employee Bonus Plan) All permanent fulltime state employees who, as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a bonus in an amount equal to two hundred sixty dollars on the last pay date before the observance of the 2003 Christmas holiday if the employee remains in employment as of that day. This bonus is not a base pay increase, and is not earnable compensation for purposes of the state retirement systems. Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus. The employing agency shall pay
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH moved to adjourn debate on the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 219 (Doc Name h:\legwork\house\amend\council\gjk\20329htc03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/( 63.___. BCB:Employee Bonus) All permanent fulltime state employees who as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a one time bonus of two hundred dollars on the last pay date before the observance of the 2003 Christmas holiday if the employee remains in employment as of that day. This bonus is not a base pay increase and is not earnable compensation for purposes of the state retirement systems. Employees eligible for the bonus who are paid in whole or in part from federal or other funds must receive the bonus. The employing agency shall pay the bonus from federal or other funds available to the agency in the proportion that such funds are the source of the employee's salary. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 186 (Doc Name h:\legwork\house\amend\h-wm\005\bcb-orp.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, line 26, by adding an appropriately numbered paragraph to read:
/(BCB: Eligibility to Participate in State ORP) An employee hired on or after January 1, 2003, but before July 1, 2003, by the State who is
Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. COOPER proposed the following Amendment No. 300 (Doc Name h:\legwork\house\amend\h-wm\002\bcb-clemsontowers.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Clemson University Antenna and Tower Placement) Notwithstanding any other provision of law, all leases for antenna and tower operations, within the Clemson University campus must conform to the present and any future Clemson University master plans for such property, as determined solely by the university. Revenue derived during Fiscal Year 2003-04 from tower and antenna leases and contracts prior to July 1, 2001, shall be retained by the university./
Renumber sections to conform.
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Rep. COOPER explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 64 (Doc Name h:\legwork\house\amend\h-wm\005\emplbonus.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63, BUDGET AND CONTROL BOARD, page 461, after line 25, by adding an appropriately numbered paragraph to read:
/(BCB: Employee Bonus Plan) All permanent fulltime state employees who, as of July 1, 2003, are paid an annual salary of thirty thousand dollars or less must be paid a bonus in an amount equal to two hundred sixty dollars on the last pay date before the observance of
Rep. J. E. SMITH moved to table the amendment, which was agreed to.
Section 63, as amended, was adopted.
Section 63A was adopted.
Section 63B was adopted.
Rep. J. E. SMITH proposed the following Amendment No. 157 (Doc Name h:\legwork\house\amend\council\pt\1362mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 64, DEPARTMENT OF REVENUE, pages 464-466, paragraph 64.11, by deleting the paragraph in its entirety and inserting:
64.11. (DOR: Collection Assistance Fee) The General Assembly finds that the State's cost of collecting outstanding tax liabilities exceeds twenty percent (20%) of the liabilities. The General Assembly finds that the cost of collecting outstanding tax liabilities is borne currently by taxpayers who pay their taxes on time. It is the intent of the General Assembly that this cost be borne by the delinquent taxpayers who have outstanding tax liabilities.
(A) 'Outstanding tax liability' means every tax imposed by the State, and all increases, interest, fees, and penalties on the tax from the time it is due and payable:
(1) which has not been paid; and
(2) for which all rights of administrative or judicial appeal have been exhausted or all time limits for those appeals have expired.
(B) A collection assistance fee may be imposed on an outstanding tax liability if the department has notified the taxpayer that the collection assistance fee may be imposed if a tax liability becomes an outstanding tax liability.
(C) The collection assistance fee is collectible as a part of the outstanding tax liability unless the department undertakes collection by garnishment pursuant to Sections 12-54-130 and 12-54-135. The department may waive the fee to the same extent as if it were a penalty.
(D) The amount of the collection assistance fee is twenty percent (20%) of the oustanding tax liability.
(E) The proceeds of the collection assistance fee must be credited to a special account within the department, and must be used to fund the South Carolina Business One Stop (SCBOS) program within the department. Any excess proceeds of the collection assistance fee above the amount required to fund the SCBOS program must be credited to the department to be retained and expended for use in budgeted operations.
(F) The department is authorized to bring suits in the courts of other states to collect taxes legally due this State. The officials of other states are empowered to sue for the collection of taxes in the courts of this State. Whenever the department considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the department may employ local counsel.
(G) Collection agencies with which the department contracts pursuant to Sections 12-4-340 and 12-54-227 also are authorized to collect on behalf of the department outstanding tax liabilities and the collection fee imposed by this paragraph.
(H) Except when the context clearly indicates a different meaning, the definitions in Section 12-60-30 apply to these provisions.
(I) The collection assistance fee is effective for all tax debts incurred after July 1, 2003. /
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Rep. J. E. SMITH explained the amendment.
Section 64 was adopted.
Rep. KIRSH proposed the following Amendment No. 150 (Doc Name h:\legwork\house\amend\h-wm\005\66procreview.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 66, PROCUREMENT REVIEW PANEL, page 467, paragraph 66.1, lines 19-25, by striking:/The proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Rep. HOSEY proposed the following Amendment No. 93 (Doc Name h:\legwork\house\amend\h-wm\005\72restoreb'well.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 496, paragraph 72.89, line 12, by striking /2004-05/ and inserting /2003-04/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HOSEY explained the amendment.
Rep. COOPER moved to table the amendment.
Rep. HOSEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Cato Ceips Chellis Clark
Clemmons Cooper Cotty Davenport Delleney Duncan Edge Gilham Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hagood J. Hines M. Hines Hosey Howard Jennings Lloyd Lourie Mack McLeod Miller J. H. Neal J. M. Neal Parks Rhoad Rivers Scott Sheheen G. M. Smith J. E. Smith Weeks
So, the amendment was tabled.
Rep. VAUGHN explained the amendment.
Rep. VAUGHN continued speaking.
Rep. HARRELL spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bales Battle J. Brown Clemmons Frye Hagood Harrell Hinson Keegan McCraw McLeod Neilson Scarborough J. R. Smith Umphlett Viers Wilkins Young
Those who voted in the negative are:
Allen Anthony Bailey Barfield Bingham Bowers Branham Breeland G. Brown R. Brown Cato Ceips Chellis Clark Clyburn Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Freeman Gilham Gourdine Govan Hamilton
Haskins Herbkersman J. Hines M. Hines Hosey Huggins Jennings Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Mahaffey Martin McGee Miller Moody-Lawrence J. H. Neal J. M. Neal Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Rivers Sandifer Scott Sheheen Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith J. E. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Vaughn Walker Weeks Whipper White Whitmire
So, the House refused to table the amendment.
Rep. QUINN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
During the electronic vote, I inadvertently hit the wrong button. I support the amendment to eliminate satellite tax and am against all new taxes and fee increases.
Rep. Thad Viers
The SPEAKER granted Rep. F. N. SMITH a leave of absence for the remainder of the day.
The SPEAKER granted Rep. ALLEN a leave of absence for the remainder of the day.
Rep. LOURIE proposed the following Amendment No. 17 (Doc Name h:\legwork\house\amend\h-wm\004\childcare.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, lines 17-20, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. J. E. SMITH proposed the following Amendment No. 68 (Doc Name h:\legwork\house\amend\h-wm\002\72.93personnel.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 93, lines 24-34, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH continued speaking.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 68 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Edge Freeman Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lucas Mahaffey Martin McCraw Merrill Miller J. H. Neal Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Gourdine Govan J. Hines
M. Hines Hosey Howard Lee Lloyd Lourie Mack McLeod Moody-Lawrence J. M. Neal Rivers Scott Sheheen J. E. Smith Snow Weeks Whipper
So, the amendment was tabled.
Rep. LOURIE proposed the following Amendment No. 120 (Doc Name h:\legwork\house\amend\h-wm\004\childcare.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, lines 17-20, by striking:/the proviso in its entirety/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. LOURIE explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 120 was out of order in that it was identical to a previously tabled amendment.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER raised the Point of Order that Proviso 72.91 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. MCLEOD proposed the following Amendment No. 161 (Doc Name h:\legwork\house\amend\council\pt\1374mm03.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 72.93, line 28, by inserting before the word /employees/ the word/ management /
Rep. MCLEOD explained the amendment.
The amendment was then adopted.
Rep. COBB-HUNTER proposed the following Amendment No. 310 (Doc Name h:\legwork\house\amend\h-wm\004\techdc.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 497, paragraph 91, line 19, by striking /colleges and universities/ and inserting /Institutions of Higher Education as defined in Section 59-103-5/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 61 (Doc Name council\ggs\amend\22929htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Sales Tax On Newsprint and Newspapers) The sales and use tax exemption allowed pursuant to Section 12-36-2120(8) of the 1976 Code for newsprint paper and newspapers is suspended for the current fiscal year. Sales tax revenue attributable to this suspension must be used to purchase school buses, school bus parts, and school bus fuel. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. RICHARDSON explained the amendment.
Rep. COTTY moved to table the amendment.
Those who voted in the affirmative are:
Altman Bales Bingham Bowers Branham Cato Ceips Clark Coleman Cooper Cotty Davenport Delleney Duncan Frye Gilham Gourdine Harrell Herbkersman M. Hines Huggins Keegan Kirsh Limehouse Littlejohn Lourie Lucas Mahaffey McCraw Miller Neilson Owens Phillips Pinson M. A. Pitts Rhoad Rice Sandifer Scott Sheheen Simrill Sinclair Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Townsend Trotter Umphlett Vaughn White Wilkins
Those who voted in the negative are:
Anthony Barfield Breeland R. Brown Clemmons Dantzler Edge Emory Freeman Govan Hagood Haskins Hayes J. Hines Hosey Kennedy Leach McLeod Moody-Lawrence J. M. Neal Richardson Rivers Scarborough Viers Whipper Witherspoon
So, the amendment was tabled.
Rep. SHEHEEN explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Cato
Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hagood Harrell Harrison Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lucas Mahaffey McGee Merrill Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Rice Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hayes J. Hines M. Hines Hosey Howard Jennings Lloyd Lourie McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Phillips Rhoad Rutherford Scott Sheheen J. E. Smith Snow Weeks Whipper
Rep. DAVENPORT proposed the following Amendment No. 108 (Doc Name h:\legwork\house\amend\h-wm\008\chemicalabortion.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, after line 23, by adding an appropriately numbered paragraph to read:
/(GP: Prohibit chemical abortions) No state agency shall use any state appropriated funds to terminate a pregnancy or induce a miscarriage by chemical means./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DAVENPORT explained the amendment.
Rep. COBB-HUNTER moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. JENNINGS a leave of absence for the remainder of the day due to illness.
Reps. COBB-HUNTER, HOWARD and J. H. NEAL proposed the following Amendment No. 212 (Doc Name h:\legwork\house\amend\ council\ggs\22968htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72. (GP: Sales Tax Cap) (A) The provisions of Section 12-36-2110(A)(1) and (4) of the 1976 Code are suspended for the current fiscal year.
(B) The cap imposed on sales, use, and casual excise tax pursuant to Section 12-36-2110(A)(2), (3), (5), (6), and (7) of the 1976 Code, are suspended for the current fiscal year and in lieu thereof, in calculating sales, use, and casual excise tax otherwise due on these items, there is allowed a deduction equal to five thousand dollars from the amount subject to tax.
(C) Notwithstanding any other provision of law, the revenue attributable to this paragraph must be credited to the general fund of the State and the first $56,000,000 must be used to prevent an increase in state employee health insurance premiums and prevent a decrease in health insurance benefits. The balance of the revenue, not to exceed $14,000,000, must be used to provide a onetime bonus to state employees up to $200 for each employee. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COOPER 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:
Barfield Bingham Bowers Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Davenport Delleney Duncan Edge Emory Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lourie Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Neilson Owens Perry Phillips Pinson E. H. Pitts Quinn Rice Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Talley
Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bales Branham Breeland R. Brown Clyburn Cobb-Hunter Coleman Freeman Gourdine Govan Hayes J. Hines Hosey Howard Kennedy Lee Lloyd Mack McLeod Miller Moody-Lawrence J. H. Neal Parks M. A. Pitts Rhoad Rivers Rutherford J. E. Smith Weeks Whipper
So, the amendment was tabled.
I voted against this amendment in order to be able to make a motion to reconsider, if I could get the support necessary for passage.. Rep. Becky R. Martin
Rep. SHEHEEN proposed the following Amendment No. 215 (Doc Name h:\legwork\house\amend\council\ggs\22963htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Prohibition on Agency Lobbying) A state agency, instrumentality, or department may not directly or indirectly hire or retain an independent contractor as a lobbyist as defined in Section 2-17-10(13) of the 1976 Code. The provisions of this paragraph do not include foundations established by state sponsored universities or
Rep. SHEHEEN explained the amendment.
Rep. DUNCAN raised the Point of Order that Amendment No. 215 was out of order under Rule 5.3 B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. HOWARD spoke against the amendment.
Rep. COOPER moved to table the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Bales Barfield Bingham J. Brown Cato Ceips Chellis Clark Clemmons Clyburn Cobb-Hunter Cooper Davenport Gilham Govan Hamilton Harrell Harrison Herbkersman Hosey Howard Keegan Kirsh Koon Leach Littlejohn Lloyd Lucas Mack Martin Moody-Lawrence J. H. Neal Neilson Owens Parks Perry Pinson Rhoad Rice Rutherford Sandifer Scarborough Scott Skelton J. R. Smith W. D. Smith Stewart Toole Townsend Trotter Umphlett Vaughn Whipper
White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Battle Bowers Branham G. Brown R. Brown Coates Coleman Cotty Dantzler Delleney Duncan Edge Emory Freeman Gourdine Hagood Haskins Hayes J. Hines M. Hines Hinson Huggins Lee Limehouse Loftis Lourie Mahaffey McGee McLeod Merrill Miller J. M. Neal Phillips E. H. Pitts M. A. Pitts Quinn Richardson Rivers Sheheen Simrill Sinclair D. C. Smith G. M. Smith J. E. Smith Snow Stille Talley Taylor Thompson Tripp Viers Walker Weeks
So, the amendment was tabled.
Reps. G.M. SMITH, G. BROWN, WEEKS, COATES and J. H. NEAL proposed the following Amendment No. 235 (Doc Name council\pt\1386mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by inserting an appropriately numbered paragraph after line 22 to read:
/ 72.___. (GP: Outdoor Advertising) Notwithstanding Section 57-25-120(4), for the current fiscal year, a billboard may be erected more than six hundred feet, but less than eight hundred feet, away from the nearest thriving business, upon application for and issuance of a permit from the Department of Transportation. The application must be accompanied by a permit fee of one hundred fifty dollars, to be
Rep. G. M. SMITH explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.
Rep. TOWNSEND raised the Point of Order that Amendment No. 235 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. WHITE and COOPER proposed the following Amendment No. 240 (Doc Name h:\legwork\house\amend\h-wm\002\ 72realpropbcb.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, after line 22, by adding an appropriately numbered paragraph to read:
/(GP: Retention of Real Property Sale Proceeds) Notwithstanding any other provision of law, and with the approval of the Budget and Control Board, for Fiscal Year 2003-04, a state agency may retain 90% of the net proceeds from the sale of surplus real property titled to, utilized by, or under the control of the agency. The remaining 10% of the proceeds must be deposited in the Ordinary Sinking Fund of the State. Agencies must use the proceeds retained for a non-recurring purpose. An agency having the ability to retain the proceeds from real property sales shall retain such ability pursuant to the governing proviso, statute, or other authority./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. WHITE explained the amendment.
Rep. COTTY continued speaking.
Rep. COTTY moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chellis Clark Coates Coleman Cotty Dantzler Delleney Duncan Edge Emory Freeman Frye Gilham Govan Hamilton Harrell Harrison Haskins J. Hines M. Hines Hinson Hosey Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mahaffey McCraw McGee McLeod Merrill Miller J. M. Neal Neilson Owens Perry Phillips Pinson M. A. Pitts Rice Rivers Rutherford Sandifer Scarborough Scott Sheheen Simrill Sinclair D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Toole Townsend Tripp Umphlett Vaughn
Viers Walker Weeks Whipper Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Clemmons Cobb-Hunter Cooper Herbkersman Howard Huggins Lloyd Mack J. H. Neal Parks E. H. Pitts Quinn Richardson Skelton Thompson Trotter White
So, the amendment was tabled.
Rep. COOPER moved to reconsider the vote whereby Amendment No. 235 was tabled, which was agreed to by a division vote of 47 to 14.
The amendment was then adopted.
Reps. DELLENEY, SIMRILL and COATES proposed the following Amendment No. 256 (Doc Name h:\legwork\house\amend\council\pt\ 1387mm03.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72._____. (GP: Lottery Ticket sales) Notwithstanding Section 59-150-230(A), for the current fiscal year the State shall impose the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DELLENEY explained the amendment.
Rep. J. E. SMITH raised the Point of Order that Amendment No. 256 was out of order in that it was in violation of Code Section 11-11-440 and attempted to provide for a general tax increase in the Appropriation Bill.
SPEAKER WILKINS stated that the amendment effected temporary provisions of the Appropriation Bill, not permanent provisions and he therefore overruled the Point of Order.
Rep. HARRELL 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:
Bingham Bowers Breeland R. Brown Chellis Clyburn Cooper Cotty Dantzler Edge Harrell J. Hines Hinson Hosey Huggins Keegan Kennedy Kirsh Lee Lloyd Lourie Mack Mahaffey McLeod Moody-Lawrence Rhoad Rivers Rutherford Scott Skelton J. E. Smith J. R. Smith W. D. Smith Stewart Thompson Toole Townsend Trotter Umphlett Viers Whipper Whitmire Wilkins Young
Those who voted in the negative are:
Altman Anthony Bales Barfield Battle Branham G. Brown Cato Ceips Clark Clemmons Coates Cobb-Hunter Coleman Delleney Duncan Emory Freeman
Frye Gilham Gourdine Govan Hagood Hamilton Harrison Haskins Hayes Herbkersman M. Hines Koon Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Merrill Miller J. H. Neal J. M. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Sheheen Simrill Sinclair D. C. Smith G. M. Smith Snow Stille Talley Taylor Tripp Vaughn Walker Weeks White Witherspoon
So, the House refused to table the amendment.
Rep. HARRELL spoke against the amendment.
Rep. DELLENEY spoke in favor of the amendment.
Rep. SCOTT spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
Rep. WALKER spoke in favor of the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 256 was out of order in that it was in violation of Code Section 12-53-20 in that the amendment attempted to tax an intangible item (a lottery ticket).
SPEAKER WILKINS stated that in accordance with the Code Section and the opinion of the Department of Revenue, a lottery ticket is an intangible item and cannot be taxed. He therefore sustained the Point of Order and ruled the amendment out of order.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 320 (Doc Name council\ggs\amend\22928htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72.____(GP: Sales Tax On Newsprint Paper) The sales and use tax exemption allowed pursuant to Section 12-36-2120(8) of the 1976 Code for newsprint paper is suspended for the current fiscal year. Sales tax revenue attributable to this suspension must be used to purchase school buses, school bus parts, and school bus fuel. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. RICHARDSON explained the amendment.
Rep. RICHARDSON continued speaking.
Rep. SIMRILL spoke against the amendment.
Rep. LUCAS spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Battle Bingham Bowers Breeland J. Brown R. Brown Cato Ceips Chellis Clark Clemmons Cobb-Hunter Coleman Cooper Cotty Davenport Delleney Duncan Frye Gourdine Govan Hamilton Harrell Harrison Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey McCraw McGee McLeod Merrill Miller J. H. Neal Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Sandifer Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith Snow Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett
Vaughn Walker White Whitmire Wilkins Witherspoon
Those who voted in the negative are:
Barfield Dantzler Edge Emory Gilham Haskins Moody-Lawrence Richardson Rivers Scarborough Viers Whipper
So, the amendment was tabled.
Reps. DELLENEY and SIMRILL proposed the following Amendment No. 324 (Doc Name h:\legwork\house\amend\council\ pt\1406mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph at the end to read:
/ 72._____. (GP: Lottery Ticket sales) Notwithstanding Section 59-150-230(A), Section 12-53-20, or any other provision of law to the contrary, for the current fiscal year the State shall impose the five percent sales tax pursuant to Section 12-36-910 on the sale of a lottery ticket or share, which is deemed to be tangible personal property for purposes of Section 12-36-910. The base ticket price must remain an even dollar amount. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. DELLENEY explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 324 was out of order in that it enacted a new tax in the permanent provisions of the Appropriation Bill.
SPEAKER WILKINS stated that the amendment affected a temporary provision and not a permanent provision of the Code. He
Rep. SCOTT raised the Point of Order that Amendment No. 324 was out of order in that it was in violation of Code Section 12-53-20 in that it attempted to impose a sales tax on an intangible item (lottery ticket).
Rep. HARRELL argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. HARRELL spoke against the amendment.
Rep. SCOTT moved to table the amendment.
Rep. DELLENEY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bingham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clemmons Clyburn Coates Cooper Dantzler Davenport Duncan Edge Govan Harrell Harrison Herbkersman J. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Koon Lee Littlejohn Lloyd Lourie Mack Mahaffey McCraw McLeod Merrill Miller J. H. Neal Neilson Parks Perry Phillips M. A. Pitts Rhoad Rivers Sandifer Scarborough Scott Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Toole Trotter Umphlett
Viers Whipper White Whitmire Wilkins Young
Those who voted in the negative are:
Altman Anthony Bales Bowers Branham Cato Clark Cobb-Hunter Coleman Delleney Emory Freeman Frye Gilham Gourdine Hagood Hamilton Haskins Hayes M. Hines Huggins Leach Limehouse Loftis Lucas Martin McGee J. M. Neal Owens Pinson E. H. Pitts Quinn Rice Richardson Sheheen Simrill Sinclair G. M. Smith Stille Talley Townsend Tripp Vaughn Walker Weeks Witherspoon
So, the amendment was tabled.
Rep. COATES moved to reconsider the vote whereby Amendment No. 324 was tabled.
Rep. J. E. SMITH 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:
Bailey Barfield Battle Bingham Breeland G. Brown
J. Brown R. Brown Ceips Chellis Clemmons Clyburn Cooper Cotty Dantzler Davenport Duncan Edge Govan Hagood Harrell Harrison Herbkersman J. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey McCraw McLeod Miller Moody-Lawrence J. H. Neal Neilson Parks Perry Phillips Rhoad Rivers Sandifer Scarborough Scott Skelton D. C. Smith J. E. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Toole Trotter Umphlett Viers Whipper White Whitmire Wilkins Young
Those who voted in the negative are:
Altman Anthony Bales Branham Cato Clark Coates Cobb-Hunter Coleman Delleney Emory Freeman Frye Gilham Gourdine Hamilton Haskins Hayes M. Hines Huggins Koon Leach Loftis Martin McGee Merrill J. M. Neal Owens Pinson E. H. Pitts Quinn Rice Richardson Sheheen Simrill Sinclair G. M. Smith Stille Thompson
Townsend Tripp Vaughn Walker Weeks Witherspoon
So, the motion to reconsider was tabled.
Rep. TOWNSEND proposed the following Amendment No. 325 (Doc Name h:\legwork\house\amend\council\dka\3348dw03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, GENERAL PROVISIONS, page 498, by adding an appropriately numbered paragraph to read:
/ 72.___._(GP: Sales Taxes On Lottery Tickets) The sales tax exemption allowed pursuant to Section 12-36-2120(60) of the 1976 Code is suspended for the current fiscal year. For the current fiscal year, the definition of tangible personal property provided pursuant to Section 12-36-60 of the 1976 Code includes a South Carolina Education Lottery Ticket sold by a lottery retailer as provided in Chapter 150, Title 59 of the 1976 Code. For the current fiscal year the definition of gross proceeds of sales pursuant to Section 12-36-90(1) of the 1976 Code includes the proceeds from the sale of a South Carolina Education Lottery Ticket at the ticket price established by the South Carolina Education Lottery Commission, and the revenues generated from the imposition of the sales tax pursuant to the provisions of this paragraph must be deposited in the general fund and appropriated to increase the base student cost. /The base ticket price must remain an even dollar amount.
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND continued speaking.
Rep. WHIPPER moved to table the amendment.
Those who voted in the affirmative are:
Bailey Barfield Battle Bingham Bowers Branham Breeland G. Brown J. Brown R. Brown Ceips Chellis Clemmons Clyburn Coates Cotty Dantzler Davenport Edge Gourdine Govan Harrell Harrison Herbkersman J. Hines Hinson Hosey Howard Keegan Kennedy Kirsh Lee Littlejohn Lloyd Lourie Mack Mahaffey McCraw McLeod Merrill Miller Parks Perry Rhoad Rivers Sandifer Scarborough Scott Skelton J. E. Smith J. R. Smith W. D. Smith Snow Stewart Taylor Thompson Toole Trotter Umphlett Weeks Whipper Wilkins Young
Those who voted in the negative are:
Anthony Bales Cato Clark Coleman Cooper Delleney Duncan Emory Freeman Frye Hagood Hamilton Haskins Hayes Huggins Koon Leach Loftis Lucas Martin J. M. Neal Neilson Owens Phillips Pinson E. H. Pitts Quinn Rice Richardson Sheheen Simrill Sinclair
G. M. Smith Stille Talley Townsend Tripp Vaughn Viers Walker White Whitmire Witherspoon
So, the amendment was tabled.
Section 72, as amended, was adopted.
Reps. HARRELL, BATTLE and HARRISON proposed the following Amendment No. 123 (Doc Name h:\legwork\house\amend\h-wm\002\73.2htf1.5m.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 499, paragraph 2, line 1, after /Statewide Funding/ by inserting /Requirements/
Amend the bill further, as and if amended, page 499, paragraph 2, line 5, by striking /$4,000,000/ and by inserting /$5,583,000/
Amend the bill further, as and if amended, page 499, paragraph 2, line 6, after 4070; by inserting: / R12-State Accident Fund: $10,806,184 must be transferred to the general fund from the State Accident Fund Subfund 4033; /
Amend the bill further, as and if amended, page 499, paragraph 2, lines 9-12, by striking: / Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in restricted accounts and if it is determined that any portion of the amount transferred is attributable to federal dollars that amount must be made up from the state fund restricted fund balance./
Amend the bill further, as and if amended, page 500, paragraph 2, line 7, by striking: /R14-Patients' Compensation Fund: $406,184 from Subfund 4484 Patients Compensation Fund;/
Amend the bill further, as and if amended, page 500, paragraph 2, line 15, after "fiscal year." by inserting: / Amounts transferred pursuant to this paragraph represent funds equivalent to the interest accrued or accruing only on state fund balances in earmarked and restricted accounts and if it is determined that any portion of the amount
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. SHEHEEN and J. E. SMITH proposed the following Amendment No. 126 (Doc Name h:\legwork\house\amend\ council\nbd\11366ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, X91 SECTION 73, page 499, paragraph 73.2, line 15, by striking:/E16-State Treasurer's Office: $2,423,565 from Subfund 4693 Atmc Wste Brl Fd-Chm Nclr;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 18 and 19, by striking:/E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev Fd;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 25-26, by striking:/J04-Dept. of Health and Environmental Control: $193,983 from Subfund 4545 Waste Tire Grant Trust Fund;/
Amend the bill further, as and if amended, page 499, paragraph 73.2, lines 26-27, by striking:/ J04-Dept. of Health and Environmental Control: $84,335 from Subfund 4546 Petroleum Fund;/ /
Rep. SHEHEEN explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Duncan Edge Frye Gilham Harrell Harrison Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Littlejohn Lucas Mahaffey Martin McCraw McGee Owens Perry Pinson E. H. Pitts Sandifer Scarborough Sinclair Skelton D. C. Smith J. R. Smith Snow Stewart Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bales Bowers Branham Breeland G. Brown Clyburn Coates Cobb-Hunter Coleman Davenport Delleney Emory Freeman Gourdine Govan Hagood Hamilton Haskins Hayes J. Hines Hosey Howard
Lee Limehouse Lloyd Lourie Mack McLeod Merrill Miller J. H. Neal J. M. Neal Parks Phillips M. A. Pitts Rhoad Rice Richardson Rivers Scott Sheheen Simrill G. M. Smith J. E. Smith Stille Talley Weeks Whipper
So, the amendment was tabled.
Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL and HOWARD proposed the following Amendment No. 293 (Doc Name h:\legwork\house\amend\council\ggs\22972htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, SECTION 73, paragraph 73.2, Beginning on page 499, line 36 through page 500, line 1, by striking:/P24-Dept. of Natural Resources: $48,338 from Subfund 4520 Heritage Land Trust Fund; /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. J. E. SMITH explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Battle Bingham Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Davenport Delleney Duncan Edge Frye Gilham Hamilton Harrell Harrison
Herbkersman Hinson Huggins Keegan Kennedy Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bales Bowers Breeland G. Brown J. Brown R. Brown Clyburn Cobb-Hunter Coleman Emory Freeman Gourdine Govan Hagood Hayes J. Hines Hosey Howard Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence J. M. Neal Rice Richardson Rivers Scott Sheheen J. E. Smith Weeks Whipper
So, the amendment was tabled.
Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL and HOWARD proposed the following Amendment No. 295 (Doc Name
Rep. J. E. SMITH explained the amendment.
Rep. COOPER moved to table the amendment, which was agreed to.
Reps. J. E. SMITH, JENNINGS, SHEHEEN, J. H. NEAL AND HOWARD proposed the following Amendment No. 298 (Doc Name h:\legwork\house\amend\council\nbd\11395ac03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, page 499, paragraph 73.2, lines 18 and 19, by striking:/E16-State Treasurer's Office: $297,341 from Subfund 43A8 Barnwell Economic Dev Fd;/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. COOPER moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Cooper Cotty Dantzler Delleney Duncan Edge Frye Gilham Harrell Harrison Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Lucas Mahaffey McCraw McGee Merrill Moody-Lawrence
Neilson Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith W. D. Smith Stewart Stille Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Young
Those who voted in the negative are:
Anthony Bailey Bales Bowers Branham Breeland G. Brown J. Brown R. Brown Coates Cobb-Hunter Coleman Davenport Emory Freeman Gourdine Govan Hagood Hayes Herbkersman J. Hines M. Hines Hosey Howard Kennedy Lee Lloyd Lourie Mack McLeod Miller J. H. Neal J. M. Neal Parks Rhoad Rice Richardson Rivers Scott Sheheen G. M. Smith J. E. Smith Snow Weeks
So, the amendment was tabled.
Reps. J. E. SMITH, JENNINGS and SHEHEEN proposed the following Amendment No. 306 (Doc Name h:\legwork\house\amend\ council\gjk\20341htc03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, SECTION 73, page 499, paragraph 73.2, line 35, by striking:
Rep. J. E. SMITH explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Bingham G. Brown Cato Ceips Chellis Clemmons Cooper Cotty Dantzler Delleney Duncan Frye Gilham Harrell Harrison Haskins Hinson Huggins Keegan Kirsh Koon Leach Littlejohn Loftis Mahaffey Martin McCraw McGee Merrill Owens Perry Phillips Pinson E. H. Pitts Quinn Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith J. R. Smith Stewart Stille Taylor Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bales Bowers Branham Breeland J. Brown R. Brown Clyburn
Coates Cobb-Hunter Coleman Davenport Emory Freeman Gourdine Govan Hagood Hamilton Hayes Herbkersman J. Hines M. Hines Hosey Howard Kennedy Lee Limehouse Lloyd Lourie Lucas Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Rice Richardson Rivers Scott Sheheen G. M. Smith J. E. Smith Snow Talley Thompson Weeks
So, the amendment was tabled.
Rep. MCLEOD proposed the following Amendment No. 124 (Doc Name h:\legwork\house\amend\council\pt\1372mm03.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, page 501, by adding an appropriately numbered paragraph after line 36 to read:
/ 73.___. (Education Finance Act Funding) In addition to all other taxes and license fees required to be imposed by law, during Fiscal Year 2003-04, the following surcharges are imposed:
(A)(1) eight and five-tenths cents on eight ounces or fractional quantity of eight ounces for alcoholic liquors offered for sale in the State and thirty-five and ninety-two hundredths cents per liter for alcoholic liquors offered for sale in metric sizes;
(2) twelve and five-tenths cents per container for alcoholic liquors sold in minibottles offered for sale in the State;
(3) two dollars and sixty-eight cents on each standard case for alcoholic liquors sold by wholesalers in this State;
(4) four and one-half percent surtax on alcoholic liquors sold by wholesalers in this State;
(5) three-tenths cent an ounce on all beer offered for sale in containers of one gallon or more and forty-five cents a gallon or fractional quantity of a gallon on all wines offered for sale in this State;
(6) three-tenths cent an ounce or fractional quantity of an ounce for beer offered for sale in bottles or cans and three cents for each eight ounces or fractional quantity on eight ounces on wines offered for sale in quantities of less than one gallon and thirteen cents a liter for wines offered for sale in metric sizes; and
(7) nine cents a gallon or fraction of a gallon on all wines offered for sale in this State and six-tenths cents for eight ounces or fraction of eight ounces for wines offered in quantities less than one gallon and three cents a liter for wine offered for sale in metric sizes.
(B) The revenue collected pursuant to subsection (A) must be collected by the Department of Revenue and paid to the State Treasurer on a monthly basis. The State Treasurer shall allocate and transfer these funds to the State Department of Education to be used to offset reductions in the Education Finance Act allocations. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MCLEOD explained the amendment.
Rep. MCLEOD spoke in favor of the amendment.
Rep. COOPER moved to table the amendment.
Rep. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Battle Bingham Bowers Cato Ceips Chellis Clark Clemmons Coates Coleman Cooper Cotty Dantzler Davenport Duncan Frye Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Limehouse Littlejohn Lourie
Lucas McCraw McGee Merrill Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rice Sandifer Scarborough Sheheen Simrill Skelton D. C. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Tripp Trotter Umphlett Viers Weeks White Whitmire Wilkins Young
Those who voted in the negative are:
Anthony Barfield Breeland G. Brown R. Brown Clyburn Cobb-Hunter Delleney Emory Freeman Hayes Hosey Leach Lloyd Mack Mahaffey McLeod Moody-Lawrence J. H. Neal J. M. Neal Parks Phillips Rivers Sinclair Walker
So, the amendment was tabled.
Rep. KIRSH raised the Point of Order that Section 73.3 was out of order in that it attempted to impose a new criminal sanction in the permanent provisions of the Appropriation Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. KIRSH explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Barfield Battle Bingham Breeland G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cotty Delleney Duncan Edge Emory Freeman Frye Gilham Gourdine Govan Hagood Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hosey Howard Huggins Kennedy Koon Leach Lee Limehouse Littlejohn Lourie Lucas Mack Mahaffey Martin McCraw McGee Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Owens Parks Perry Phillips
Pinson E. H. Pitts M. A. Pitts Quinn Richardson Rivers Sandifer Scarborough Scott Sheheen Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Bowers Branham R. Brown Cooper Davenport Hamilton Kirsh Lloyd Loftis McLeod Rice J. E. Smith Stille Townsend Trotter
So, the amendment was tabled.
Rep. COBB-HUNTER proposed the following Amendment No. 67 (Doc Name h:\legwork\house\amend\h-wm\010\lawenforcement funding2.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 73, SECTION 73, page 501, paragraph 3, lines 15-19, by striking /The State Treasurer shall allocate and transfer forty percent of these funds quarterly to the circuit solicitors in the manner hereinafter provided, twenty percent to the Department of Juvenile Justice for the Coastal Evaluation Center and for Assault Prevention, sixteen percent to the State Law Enforcement Division for its general purposes, sixteen percent to the Department of Corrections for its general purposes, four percent to the Attorney General's Office for its general purposes, and four percent to the Judicial Department for its general purposes./
and inserting /The State Treasurer shall allocate and transfer eight percent of these funds quarterly to the solicitors in the manner
Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL 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:
Altman Barfield Battle Bingham Cato Ceips Chellis Clark Clemmons Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Gilham Hagood Harrell Harrison Haskins Herbkersman M. Hines Hinson Huggins Keegan Kirsh Koon Leach Lee Limehouse Littlejohn Lourie Lucas Mahaffey Martin McCraw McGee Merrill J. M. Neal Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart
Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers Walker Weeks White Whitmire Wilkins Witherspoon Young
Those who voted in the negative are:
Anthony Bailey Bowers Branham Breeland G. Brown Clyburn Cobb-Hunter Freeman Gourdine Govan Hamilton Hayes J. Hines Hosey Howard Kennedy Lloyd Mack McLeod Miller Moody-Lawrence J. H. Neal Parks Rhoad Rivers Sheheen J. E. Smith Snow Stille Whipper
So, the amendment was tabled.
Rep. TOWNSEND moved to table the Section.
Rep. COOPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Anthony Branham Cobb-Hunter Emory Hosey Howard Kirsh Koon Lee Mack Martin McLeod J. H. Neal Rivers Sheheen J. E. Smith Townsend Trotter
Altman Bailey Bales Barfield Battle Bingham Bowers Breeland G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Freeman Frye Gilham Hagood Hamilton Harrell Harrison Haskins Hayes Herbkersman M. Hines Hinson Huggins Keegan Kennedy Leach Limehouse Littlejohn Lloyd Lourie Lucas Mahaffey McCraw McGee Merrill Miller Moody-Lawrence Neilson Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Richardson Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Snow Stewart Stille Talley Taylor Thompson Toole Tripp Umphlett Vaughn Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
So, the House refused to table the Section.
Section 73, as amended, was adopted.
The motion of Rep. M. A. PITTS to reconsider the vote whereby Amendment No. 104 was tabled was taken up.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 56DD was adopted was taken up.
Rep. YOUNG moved to table the motion.
Rep. PERRY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Battle Bingham Branham Breeland G. Brown Chellis Clark Coleman Cooper Cotty Dantzler Delleney Edge Emory Gilham Gourdine Govan Hagood Hamilton Harrell Harrison Haskins J. Hines M. Hines Hinson Hosey Huggins Keegan Kennedy Kirsh Koon Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Mahaffey Martin McCraw Merrill Miller Moody-Lawrence J. M. Neal Owens Parks Phillips Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Rice Rivers Sandifer Scarborough Scott Sheheen Sinclair Skelton G. M. Smith J. R. Smith W. D. Smith
Thompson Toole Townsend Umphlett Vaughn Walker Weeks Whipper Whitmire Wilkins Young
Those who voted in the negative are:
Anthony Bailey Barfield Bowers J. Brown R. Brown Cato Ceips Clemmons Clyburn Coates Davenport Duncan Freeman Frye Hayes Herbkersman Howard Loftis McLeod J. H. Neal Neilson Perry Richardson Simrill D. C. Smith J. E. Smith Snow Stewart Stille Talley Taylor Viers White Witherspoon
So, the motion to reconsider was tabled.
Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.
Rep. J. E. SMITH raised the Point of Order that H. 3749 was out of order in that it did not comply with Code Section 12-37-251. He stated that the Bill funded property tax relief, but did not fully fund the Education Finance Act.
SPEAKER WILKINS stated that the Appropriation Bill was not in violation of the Code Section and he overruled the Point of Order.
Rep. J. E. SMITH spoke against the Bill.
Rep. EMORY spoke against the Bill.
Rep. J. H. NEAL spoke against the Bill.
Rep. HARRELL spoke in favor of the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. J. E. SMITH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Bales Battle Bingham Cato Ceips Chellis Clark Clemmons Coates Cooper Cotty Dantzler Delleney Duncan Edge Frye Gilham Hagood Hamilton Harrell Harrison Haskins Herbkersman Hinson Huggins Keegan Kirsh Koon Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Neilson Owens Perry Pinson E. H. Pitts M. A. Pitts Quinn Rhoad Richardson Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith G. M. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Trotter Umphlett Vaughn Viers White Whitmire Wilkins Witherspoon Young
Anthony Barfield Bowers Branham Breeland G. Brown R. Brown Clyburn Cobb-Hunter Coleman Davenport Emory Freeman Gourdine Govan Hayes J. Hines M. Hines Hosey Howard Kennedy Lee Lloyd Lourie Mack McLeod Miller Moody-Lawrence J. H. Neal J. M. Neal Parks Phillips Rice Rivers Rutherford Scott Sheheen J. E. Smith Snow Stille Walker Weeks Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I was granted a leave of absence due to illness and was not present for the final vote on the budget. However, I wish to be recorded as voting no because I am concerned that this budget failed to adequately protect South Carolina's most important priorities.
Rep. Doug Jennings
I was temporarily out of the Chamber. I would have voted yes.
Rep. Joe E. Brown
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:
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. JOHN GRAHAM ALTMAN
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 and Part IB, Sections 46, 43, 44, 55, 51, 50, 35, 36, 38, 40, 53, 53B and 55
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.
Rep. CREIGHTON B. COLEMAN
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 and Part IB, Sections 43, 44, 45, 46, 50, 51, 38, 54 and 55
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
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 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 and Part IB, Sections 44, 55, 38, 46, 43, 45, 51 and 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. F. GREG DELLENEY
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 and Part IB, Sections 9, 50 and 55
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.
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. BEN HAGOOD
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 and Part IB, Sections 5, 35, 36, 38,40, 43, 44, 51, 53B, 55, 56C
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. JAMES HARRISON
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 and Part IB, Sections 13, 44, 55, 38, 46, 43, 45, 51, 50 and 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. DOUG JENNINGS
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 and Part IB, Sections 44, 43, 45, 46, 51, 50, 35, 36, 38, 40, 44, 53, 53B and 55
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. JAY LUCAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 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 J. 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 and Part IB, Sections 5, 35, 36, 38,40, 43, 44, 51, 53B, 55, 56C
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. JAMES MCGEE
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 and Part IB, Sections 44, 55, 38, 46, 43, 45, 46, 51 and 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. R. THAYER RIVERS
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 and Part IB, Sections 5KA, 35, 36, 38, 40, 43, 44, 51, 53B, 55 and 46
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
Rep. VINCENT SHEHEEN
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 and Part IB, Sections 44, 46, 55, 38, 43, 45, 51, and 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. PHIL SINCLAIR
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 39
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. B. R. SKELTON
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 44, 8.18, 63-0017.08, 43, 24, 55, 38, 46, 45, 51, 50
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. G. MURRELL SMITH, 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 and Part IB, Sections 8, 27, 28, 30, 33, 36, 38, 42, 43, 47, 50, 55, 63 and 64
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.
Rep. W. 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:
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.
Rep. SCOTT F. TALLEY
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 and Part IB, Sections 69A and 73
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. C. DAVID UMPHLETT, 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 and Part IB, Sections 30, 43, 51, 55, 65 and 53
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.
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. J. DAVID WEEKS
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 and Part IB, Sections 38, 42, 43, 51, 55 and 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. DAVID H. WILKINS
Rep. HARRELL moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 3774 (Word version) -- Reps. Delleney, Coleman and McCraw: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF SHAR'DAYE RHINEHART OF CHESTER, WHO PASSED AWAY AT THE YOUTHFUL AGE OF ELEVEN AND TO EXTEND OUR DEEPEST SYMPATHY TO HER LOYAL AND LOVING RELATIVES, FRIENDS, AND CHURCH FAMILY.
H. 3776 (Word version) -- Reps. Edge, Keegan, Clemmons, Barfield, Viers, Witherspoon, Allen, Altman, Anthony, Bailey, Bales, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell,
H. 3789 (Word version) -- Reps. Huggins and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE DUTCH FORK HIGH SCHOOL "SILVER FOXES" WRESTLING TEAM ON WINNING THE 2003 STATE CLASS AAAA WRESTING CHAMPIONSHIP, TO COMMEND THESE TALENTED ATHLETES AND THEIR COACH FOR THE HARD WORK, TENACITY, AND COMPETITIVE SPIRIT THAT ENABLED THE "SILVER FOXES" TO BECOME A CHAMPIONSHIP WRESTLING TEAM, AND TO WISH THEM EVERY SUCCESS IN THEIR ACADEMIC AND ATHLETIC CAREERS AND IN ALL OF THEIR FUTURE ENDEAVORS.
H. 3790 (Word version) -- Reps. Leach, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes,
At 11:05 p.m. the House, in accordance with the motion of Rep. J. HINES, adjourned in memory of Rev. John Allsbrook of Darlington, to meet at 10:00 a.m. tomorrow.
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