South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

THURSDAY, MARCH 14, 1991

Thursday, March 14, 1991
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

God of all goodness, we thank You for these moments of prayer when other sounds are hushed as we concentrate our thoughts on our Maker and Sustainer. Make us to know above all else that our omnipotent God always stands near in majesty, holiness and judgment and that nothing we think, say or do can escape His eye of scrutiny. Keep us true to Your teachings that radiant joy may transfigure every duty and that every task be met with Your divine approval.

Lord, in Your mercy hear our prayer. 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.

HOUSE RESOLUTION

On motion of Rep. WRIGHT, with unanimous consent, the following was taken up for immediate consideration:

H. 3686 -- Reps. Wright and Quinn: A HOUSE RESOLUTION TO ALLOW THE IRMO HIGH SCHOOL "YELLOW JACKETS" BOYS BASKETBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 10, 1991, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE CLASS AAAA STATE BASKETBALL CHAMPIONSHIP FOR 1991.

Be it resolved by the House of Representatives:

That the Irmo High School "Yellow Jackets" Boys Basketball Team and its coach is given the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 10, 1991, for the purpose of being recognized for winning the Class AAAA State Basketball Championship for 1991.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. STODDARD, from the Laurens Delegation, submitted a favorable report, with amendments, on:

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

S. 597--AMENDED AND ORDERED TO THIRD READING

On motion of Rep. STODDARD, with unanimous consent, the following Bill was taken up for immediate consideration.

S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.

Rep. STODDARD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11391.DW), which was adopted.

Amend the bill, as and if amended, in the first paragraph of Section 7-7-360 of the 1976 Code, as contained in SECTION 2, page 2, line 2, by striking /Owings; Gray Court;/ and inserting /Owings; Gray Court;/ and on line 8, by striking /Gray Court-Owings;/.

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

S. 597--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. STODDARD, with unanimous consent, it was ordered that S. 597 be read the third time tomorrow.

MOTION ADOPTED

Rep. STODDARD moved that when the House adjourns it adjourn in memory of Col. Jack V. Horton of Columbia, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time and referred to appropriate committees:

H. 3687 -- Reps. Fair, Wright, Corbett, Keegan and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-240 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS IN SOUTH CAROLINA AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

H. 3688 -- Reps. Holt, Barber, R. Young, Gonzales and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-310 SO AS TO AUTHORIZE A CERTAIN SPECIAL PURPOSE DISTRICT TO ENTER INTO A FRANCHISE AGREEMENT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3689 -- Reps. Cromer, D. Williams, Farr, G. Brown, Rhoad, H. Brown, Scott, Rama, Quinn, Sharpe, Corning, Harwell, Meacham, Gregory, Keegan, J. Wiliams, Keesley, J.C. Johnson, G. Bailey, J. Brown, Manly, Wilder, Snow, McCraw, Littlejohn, Phillips, Vaughn and Jaskwhich: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUMPING LITTER ON PUBLIC OR PRIVATE PROPERTY, PROHIBITIONS, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL AND PENALTIES, SO AS TO INCREASE THE PENALTIES AND THE FEE PROVIDED FOR VIOLATIONS OF THIS SECTION.

Referred to Committee on Judiciary.

H. 3690 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER.

Referred to Committee on Judiciary.

H. 3691 -- Rep. Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-33-1725 SO AS TO PROVIDE THAT ANY PUBLIC SCHOOL OF THIS STATE, ANY STATE-SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL, OR ANY STATE AGENCY OR DEPARTMENT EXPENDING STATE-APPROPRIATED OR OTHER FUNDS FOR FOOD SERVICE INCLUDING MILK MUST PROCURE AND USE ONLY CLASS A-1 MILK PRODUCED AND PROCESSED IN SOUTH CAROLINA, AND TO REQUIRE PACKAGES CONTAINING MILK USED AT THESE LOCATIONS TO HAVE A CERTIFICATION THAT THE MILK WAS PRODUCED AND PROCESSED IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

H. 3692 -- Rep. T.C. Alexander: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 110 SO AS TO ESTABLISH THE SOUTH CAROLINA PREPAID COLLEGE TUITION TRUST FUND, TO PROVIDE FOR A BOARD OF TRUSTEES, ITS COMPOSITION, POWERS, AND DUTIES IN ADMINISTERING THIS FUND.

Referred to Committee on Ways and Means.

H. 3693 -- Reps. Keegan and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT TO CONTRACT FOR STORM DRAINAGE SERVICES WITH THE APPROVAL OF THE GOVERNING BODY OF THE DISTRICT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 123 -- Senators McConnell and Giese: A BILL TO AMEND SECTION 47-1-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF AN ANIMAL IN A PUBLIC PLACE, SO AS TO REVISE THE TERMS OF THE OFFENSE, DEFINE "ABANDONMENT" AND "NECESSITIES OF LIFE", AND INCREASE PENALTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 313 -- Senators Setzler and Mullinax: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-350 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION TO SUBMIT AN ANNUAL REPORT OF EDUCATIONAL ACHIEVEMENTS OF THE STATE'S PUBLIC, POST-SECONDARY INSTITUTIONS TO THE GOVERNOR AND TO THE GENERAL ASSEMBLY, AND TO PROVIDE FOR THE SPECIFIC INFORMATION TO BE INCLUDED IN THE REPORT.

Referred to Committee on Education and Public Works.

S. 412 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-21-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON THE DISTRIBUTION OF TOBACCO PRODUCTS, SO AS TO CHANGE THE DUE DATE FOR RETURNS FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTION 12-21-820, RELATING TO THE SALE OF BUSINESS LICENSE STAMPS TO NONRESIDENTS, SO AS TO DELETE BOND REQUIREMENTS; TO AMEND SECTION 12-21-3500, RELATING TO BINGO LICENSE REPORTING REQUIREMENTS, SO AS TO EXEMPT CLASS C LICENSES FROM THE REQUIREMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2729, SO AS TO REQUIRE SEPARATE LICENSES FOR COIN-OPERATED DEVICES WHICH TWO OR MORE PERSONS MAY PLAY INDEPENDENTLY; TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-3445 SO AS TO MAKE BINGO TAXES DUE ON OR BEFORE THE TWENTIETH DAY OF THE MONTH AFTER THE MONTH IN WHICH THE TAX ACCRUES; TO AMEND SECTION 12-23-60, RELATING TO THE ELECTRIC POWER TAX RETURNS, SO AS TO CHANGE THE DUE DATE FROM THE TENTH TO ON OR BEFORE THE TWENTIETH DAY OF THE MONTH; TO AMEND SECTIONS 12-23-810 AND 12-23-830, RELATING TO THE TAX ON LICENSED HOSPITALS, SO AS TO DELETE PENALTIES AND INTEREST FROM THE CALCULATION OF TAX REVENUES AND TO DELETE REFERENCES TO PENALTIES, INTEREST, AND THE WAIVER OF PENALTIES AND INTEREST; TO AMEND SECTION 12-27-360, RELATING TO COLLECTION OF DELINQUENT GAS TAXES, SO AS TO PROVIDE FOR COLLECTION PURSUANT TO THE UNIFORM ASSESSMENT AND COLLECTION PROVISION; TO AMEND SECTION 12-31-430, RELATING TO THE REPORTS MADE BY MOTOR CARRIERS FOR PURPOSES OF THE ROAD TAX, SO AS TO CHANGE THE REPORTING DATE FROM THE TENTH DAY TO THE LAST DAY OF EACH REPORTING MONTH; TO AMEND SECTION 58-3-100, AS AMENDED, RELATING TO ASSESSMENTS TO PAY THE EXPENSES OF THE PUBLIC SERVICE COMMISSION, SO AS TO MAKE THE ASSESSMENT DUE ON OR BEFORE THE TWENTIETH DAY OF OCTOBER OF EVERY YEAR; AND TO REPEAL SECTION 61-3-550 SO AS TO DELETE THE BOND REQUIREMENT FOR ALCOHOLIC LIQUOR WHOLESALERS.

Referred to Committee on Ways and Means.

S. 418 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-36-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "RETAIL SALE" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO PROVIDE THAT THE DEFINITION INCLUDES THE SALE OF FOOD PRODUCTS, OTHER THAN SOFT DRINKS IN CLOSED CONTAINERS, TO VENDERS WHO SELL THE PRODUCTS THROUGH VENDING MACHINES, AND TO PROVIDE THAT THESE VENDERS ARE DEEMED TO BE THE USERS OR CONSUMERS OF THE PRODUCTS; AND TO AMEND SECTION 12-36-2120, RELATING TO SALES TAX EXEMPTIONS, SO AS TO PROVIDE THAT PORTIONS OF THE STANDARD INDUSTRIAL CLASSIFICATION MANUAL MUST BE USED AS AUTHORITY IN DETERMINING QUALIFICATIONS FOR THE EXEMPTION OF MACHINERY USED IN MANUFACTURING.

Referred to Committee on Ways and Means.

S. 508 -- Senators Land and Holland: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO LIMIT THE PERIOD OF ADMINISTRATIVE LEAVE WITH PAY TO NINETY DAYS.

Referred to Committee on Ways and Means.

S. 663 -- Senator Land: A BILL TO REPEAL SECTION 12-54-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA TAX COMMISSION TO REQUIRE TAX PAYMENTS OF TWENTY THOUSAND DOLLARS OR MORE TO BE MADE BY ANY MEANS ESTABLISHED BY THE COMMISSION, WITH THE APPROVAL OF THE STATE TREASURER, THAT MAKES THE FUNDS IMMEDIATELY AVAILABLE TO THE STATE.

Referred to Committee on Ways and Means.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Barber                 Baxley                 Beasley
Beatty                 Boan                   Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Cork
Cromer                 Elliott, D.            Elliott, L.
Fair                   Farr                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Haskins                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McAbee                 McCain                 McCraw
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Phillips
Rama                   Rogers                 Ross
Scott                  Sharpe                 Sheheen
Shirley                Short                  Smith
Snow                   Stoddard               Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilkes                 Wilkins
Williams, D.           Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 14.

L. Edward Bennett                 T.M. Burriss
John B. Williams                  Irene K. Rudnick
Thomas N. Rhoad                   Ken Bailey
C. Lenoir Sturkie                 Maggie W. Glover
Rick Quinn                        Roland S. Corning
Steve Lanford                     Alex Harvin, III
Larry Koon
Total Present--114

LEAVES OF ABSENCE

The SPEAKER granted Rep. WILDER a leave of absence for the day.

The SPEAKER granted Rep. RHOAD a temporary leave of absence.

STATEMENTS OF ATTENDANCE

Reps. T.M. BURRISS and McELVEEN signed a statement with the Clerk that they came in after the roll call and were present for the session on Wednesday, March 13.

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Davis of Columbia is the Doctor of the Day for the General Assembly.

H. 3650--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments to Part II.

H. 3650
GENERAL APPROPRIATION BILL

Reps. MEACHAM, A. YOUNG, WOFFORD and BOAN proposed the following Amendment No. 192 (Doc Name L:\council\legis\amend\BBM\9271.SD), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II.

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 2-7-76 SO AS TO REQUIRE CERTAIN FISCAL IMPACT STATEMENTS REGARDING CERTAIN BILLS AND RESOLUTIONS AFFECTING THE EXPENDITURE OF FUNDS BY, OR THE FUNDING OF, COUNTIES OR MUNICIPALITIES, AND TO PROVIDE FOR A PARTICULAR SUM TO BE PAID TO THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD ANNUALLY FROM THE AID TO SUBDIVISIONS ACCOUNT TO PAY FOR THE PREPARATION OF THESE FISCAL IMPACT STATEMENTS.

The 1976 Code is amended by adding:

"Section 2-7-76.     Whenever a bill or resolution requires a county or municipality to expend funds allocated to the county or municipality from Aid to Subdivisions in the State General Appropriations Act, or whenever a bill or resolution is introduced in the General Assembly to require the expenditure of funds by a county or municipality, or whenever a bill or resolution requires the use of county or municipal personnel, facilities or equipment to implement a general law or regulations promulgated pursuant to a general law, the chairman of the legislative committee to which the bill or resolution was referred shall direct the Budget Division to prepare and affix to it a statement of the estimated fiscal impact and cost to the counties and municipalities of the proposed legislation prior to the legislation being reported out of that committee. A revised estimated fiscal impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution.

The Budget Division of the Budget and Control Board shall prepare estimated fiscal impact and cost statements on bills and resolutions as provided for in this section and shall receive annually a sum not to exceed twenty-five thousand dollars as determined by the board from Aid to Subdivisions, the cost of which to be shared equally between the counties and municipalities, to pay the expenses incurred by the Budget Division in the preparation of these fiscal impact and cost statements."

Renumber sections to conform.

Amend title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.

Reps. KOON, STURKIE and HAYES proposed the following Amendment No. 198 (Doc Name L:\council\legis\amend\DKA\3247.AL), which was tabled.

Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-1022 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON BEER EQUAL TO .08325 CENTS AN OUNCE AND ON WINE EQUAL TO ONE AND TWENTY-FIVE HUNDREDTHS CENTS FOR EACH EIGHT OUNCES, AND TO PROVIDE FOR EXPENDITURE OF THE REVENUE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-33-245 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON ALCOHOLIC LIQUORS EQUAL TO ONE AND TWENTY-FIVE HUNDREDTHS CENTS AN OUNCE, AND TO PROVIDE FOR EXPENDITURE OF REVENUE.

A.     The 1976 Code is amended by adding:

"Section 12-21-1022.     (A)     In addition to the taxes levied in this article on beer and wine, there is levied and collected on all beer offered for sale in this State a license tax of .08325 cents an ounce or fraction of an ounce on all wines offered for sale a license tax of twenty-five hundredths cents for each eight ounces or the fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.

(B)     The revenue from the tax imposed by this section must be credited fifty percent to be distributed on a per capita basis, according to the most recent United States Census, to the county alcohol and drug abuse authorities designated pursuant to Article 3, Chapter 5 of Title 61, twenty-five percent to the South Carolina Department of Corrections to expand addictions treatment program, and twenty-five percent to the South Carolina Department of Mental Health for alcohol and drug treatment services."

B.     The 1976 Code is amended by adding:

"Section 12-33-245.     (A)     In addition to the taxes levied in this article on alcoholic liquors, there is levied and collected on all alcoholic liquors offered for sale in this State an additional tax of one and twenty-five hundredths cents for each eight ounces or its fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.

(B)     The revenue from the tax imposed by this section must be credited fifty percent to be distributed on a per capita basis, according to the most recent United States Census, to the county alcohol and drug abuse authorities designated pursuant to Article 3, Chapter 5 of Title 61, twenty-five percent to the South Carolina Department of Corrections to expand addictions treatment program, and twenty-five percent to the South Carolina Department of Mental Health for alcohol and drug treatment services."

C.     This section becomes effective July 1, 1991. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. KOON explained the amendment.

Rep. HAYES spoke in favor of the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment.

Rep. HAYES demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 26

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beasley                Boan
Brown, H.              Brown, J.              Bruce
Burch                  Cato                   Clyborne
Cole                   Corbett                Cork
Cromer                 Elliott, D.            Elliott, L.
Felder                 Foster                 Fulmer
Gonzales               Gregory                Harris, J.
Harris, P.             Harwell                Haskins
Hendricks              Hodges                 Holt
Houck                  Jaskwhich              Johnson, J.W.
Keegan                 Kinon                  Kirsh
Littlejohn             Marchbanks             Martin, D.
Martin, M.             McAbee                 McCain
McElveen               McGinnis               McKay
McLeod                 Meacham                Neilson
Nettles                Rama                   Scott
Sheheen                Snow                   Tucker
Vaughn                 Waites                 Waldrop
Wells                  Williams, J.           Wofford
Wright                 Young, A.

Total--65

Those who voted in the negative are:

Bailey, K.             Beatty                 Bennett
Brown, G.              Chamblee               Fair
Gentry                 Hayes                  Johnson, J.C.
Keesley                Kempe                  Klapman
Koon                   Manly                  Martin, L.
McCraw                 Rhoad                  Ross
Rudnick                Sharpe                 Shirley
Stoddard               Townsend               Whipper
White                  Wilkes

Total--26

So, the amendment was tabled.

RECORD FOR VOTING

I abstain from voting on the beer tax amendments as it would directly affect my business.
Rep. HARRY HALLMAN

Rep. KOON proposed the following Amendment No. 199 (Doc Name L:\council\legis\amend\N05\7353.AL), which was tabled.

Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-1035 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON BEER EQUAL TO ONE-TENTH CENT AN OUNCE; AND ON WINE EQUAL TO NINE CENTS FOR EACH GALLON, AND TO PROVIDE FOR EXPENDITURE OF THE REVENUE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-33-242 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON ALCOHOLIC LIQUORS EQUAL TO 2.42 CENTS FOR EACH EIGHT OUNCES, AND TO PROVIDE FOR EXPENDITURE OF REVENUE.

A.     The 1976 Code is amended by adding:

"Section 12-21-1035.     (A)     In addition to the taxes levied in this article on beer and wine, there is levied and collected on all beer offered for sale in this State a license tax of one-tenths cent an ounce or fraction of an ounce and on all wines offered for sale a license tax of nine cents for each gallon or fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.

(B)     The revenue from the tax imposed by this section must be credited to the State Health and Human Services Finance Commission for Medicaid payments."

B.     The 1976 Code is amended by adding:

"Section 12-33-242.     (A)     In addition to the taxes levied in this article on alcoholic liquors, there is levied and collected on all alcoholic liquors offered for sale in this State an additional tax of 2.42 cents for each eight ounces or its fractional quantity. The commission shall determine the rate for metric size consistent with the rates provided in this section. The additional taxes levied by this section must be paid and collected in the same manner that other taxes levied in this article are paid and collected.

(B)     The revenue from the tax imposed by this section must be credited to the State Health and Human Services Finance Commission for Medicaid payments."

C.     This section becomes effective July 1, 1991. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. KOON explained the amendment.

Rep. KOON spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 24

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Baxley                 Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch
Burriss                Cato                   Clyborne
Cole                   Corbett                Cork
Cromer                 Elliott, D.            Elliott, L.
Fulmer                 Gonzales               Gregory
Harris, J.             Harris, P.             Harwell
Hendricks              Hodges                 Houck
Huff                   Jaskwhich              Johnson, J.W.
Keegan                 Kinon                  Kirsh
Littlejohn             Marchbanks             Martin, D.
McAbee                 McCain                 McGinnis
McKay                  McLeod                 Meacham
Neilson                Nettles                Quinn
Rama                   Scott                  Sheheen
Smith                  Snow                   Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wilkes                 Wilkins
Wofford                Wright                 Young, A.
Young, R.

Total--64

Those who voted in the negative are:

Altman                 Bailey, K.             Beatty
Bennett                Chamblee               Fair
Gentry                 Glover                 Hayes
Johnson, J.C.          Keesley                Kempe
Klapman                Koon                   Martin, L.
McCraw                 Rhoad                  Ross
Rudnick                Shirley                Sturkie
Townsend               Whipper                White

Total--24

So, the amendment was tabled.

SECTION 7--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 7 was adopted was taken up and agreed to.

Rep. MATTOS proposed the following Amendment No. 205 (Doc Name L:\h-wm\legis\amend\WM3650.165), which was adopted.

Amend the bill, as and if amended, Part II, by striking section 7 and inserting:

/Section 7

Section 44-7-84(D) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(D) The department shall assess each nursing home an annual administrative fee of five dollars for each patient day used for the issuance and administration of the Medicaid days permit program. 5,315,812 generated from this fee must be remitted to the State Treasurer for deposit into the General Fund, 14,313,584 shall be remitted to the State Health and Human Services Finance Commission for nursing home and drug services, and 1,800,000 shall be remitted to the Department of Health and Environmental Control for immunizations.

Licensed nursing home beds operated by the Department of Mental Health and the Department of Mental Retardation are exempt from the provisions of this paragraph.

Within ninety days from the collection, but not later than January first of each year, the department, shall submit a report to the House of Representatives Ways and Means Committee and to the Senate Finance Committee detailing the fees collected by the facility. The General Assembly annually shall review the assessment and collection of the fee."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

Section 7, as amended, was adopted.

RECORD FOR VOTING

Because we own an interest in a corporation which has a certificate of need for a nursing home with a medicaid contract, I abstain on Amendment No. 205.
Rep. E. LeROY NETTLES, JR.
Rep. WILLIAM D. BOAN

Rep. McELVEEN proposed the following Amendment No. 197 (Doc Name L:\council\legis\amend\N05\7356.HC), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to Part II:

/SECTION __

TO AMEND SECTION 44-56-20 OF THE 1976 CODE RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT FOR PURPOSES OF THE FEES IMPOSED ON HAZARDOUS WASTE DISPOSAL PURSUANT TO THE ACT, HAZARDOUS WASTE INCLUDES ALL WASTE DISPOSED OF IN A LAND DISPOSAL SITE PERMITTED TO RECEIVE HAZARDOUS WASTE AND TO PROVIDE THAT THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF ADDITIONAL FEES GENERATED BY THIS EXPANDED DEFINITION OF HAZARDOUS WASTE MUST BE DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE AND APPROPRIATED AS THE STATE'S CONTRIBUTION TO THE HAZARDOUS WASTE CONTINGENCY FUND.

A.     Section 44-56-20(6) of the 1976 Code is amended by adding at the end:

"For purposes of the fees assessed on the disposal of hazardous waste as provided in this chapter, all waste disposed of in a land disposal site permitted to receive hazardous waste for disposal is considered hazardous waste."

B.     The first two hundred fifty thousand dollars in fees generated as a result of the expanded definition of "hazardous waste" in the amendment to Section 44-56-20(6) of the 1976 Code as contained in Subsection A of this section must be deposited to the credit of the general fund of the State and appropriated as the state's contributions to the Hazardous Waste Contingency Fund.

C.     This section takes effect July 1, 1991./

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Rep. McLEOD spoke in favor of the amendment.

Rep. STURKIE spoke against the amendment.

Rep. HALLMAN spoke in favor of the amendment.

Rep. STURKIE spoke against the amendment.

Rep. McABEE moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 47

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, G.
Baker                  Beasley                Boan
Brown, H.              Brown, J.              Bruce
Burriss                Carnell                Cato
Chamblee               Clyborne               Cole
Cooper                 Corning                Fair
Farr                   Felder                 Foster
Glover                 Gregory                Harris, P.
Harwell                Haskins                Holt
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Klapman                Koon
Lanford                Littlejohn             Manly
Martin, L.             Martin, M.             McAbee
McCain                 McCraw                 McGinnis
Meacham                Phillips               Rhoad
Sharpe                 Shirley                Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Williams, D.
Wofford                Wright                 Young, A.

Total--60

Those who voted in the negative are:

Altman                 Bailey, J.             Bailey, K.
Barber                 Baxley                 Beatty
Bennett                Brown, G.              Burch
Corbett                Cork                   Cromer
Elliott, D.            Elliott, L.            Fulmer
Gentry                 Gonzales               Hallman
Harvin                 Hayes                  Hendricks
Hodges                 Houck                  Huff
Keesley                Kempe                  Keyserling
Kirsh                  Marchbanks             Martin, D.
McElveen               McKay                  McLeod
McTeer                 Neilson                Nettles
Quinn                  Rama                   Ross
Rudnick                Scott                  Sheheen
Waites                 Whipper                White
Williams, J.           Young, R.

Total--47

So, the amendment was tabled.

Rep. McTEER proposed the following Amendment No. 207 (Doc Name L:\council\legis\amend\CYY\18343.SD), which was adopted.

Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:

/SECTION ____

TO AMEND SECTION 59-20-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TEACHERS AND ADMINISTRATORS SALARIES, SO AS TO PROVIDE THAT THE SOUTHEASTERN AVERAGE TEACHER SALARY FOR PURPOSES OF COMPUTING SOUTH CAROLINA TEACHERS SALARIES SHALL BE THE AVERAGE OF THE AVERAGE TEACHERS SALARIES OF THE SOUTHEASTERN STATES.

(1)     Beginning with fiscal year 1991-92, for the purpose of calculating and distributing the appropriation for teacher salary contributions of the EIA, as contained in Part I, Section 28, line 30 of page 356, the provisions of Subsection (2) of this section shall apply.

(2)     Section 59-20-50(4)(b) of the 1976 Code is amended by adding after the fourth sentence the following:

"The southeastern average teacher salary shall be the average of the average teachers salaries of the southeastern states."/

Renumber sections to conform.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Rep. G. BROWN proposed the following Amendment No. 208 (Doc Name L:\council\legis\amend\DKA\3248.HTC), which was ruled out of order.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/SECTION __

TO IMPOSE AN ANNUAL PERMIT FEE OF ONE HUNDRED DOLLARS ON A PERSON MAKING RETAIL SALES AT FLEA MARKETS, TO PROVIDE FOR THE METHOD OF APPLYING FOR THE PERMIT, TO REQUIRE THE PERMIT TO BE PROMINENTLY DISPLAYED, AND TO PROVIDE THAT A PERSON FAILING TO OBTAIN THE PERMIT IS SUBJECT TO THE PENALTIES PROVIDED FOR FAILURE TO OBTAIN A RETAIL LICENSE.

A.     In addition to all other fees and license taxes, every person making retail sales at flea markets subject to the provisions of the South Carolina Sales and Use Tax Act must obtain an annual permit to conduct such sales from the South Carolina Tax Commission. The fee for the permit is one hundred dollars, prorated for permits for less than one year. The permit period runs from July first through June thirtieth. Application for the permit must be made to the commission on a form it prescribes. The permit must be prominently displayed by the permittee. Failure to obtain the permit required by this section subjects the person to the penalties provided in Chapter 36, Title 12 of the 1976 Code for failure to obtain a retail license.

B.     This section takes effect July 1, 1991./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that Amendment No. 208 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER sustained the Point of Order.

AMENDMENT NO. 59--TABLED

Debate was resumed on Amendment No. 59, Wednesday, March 13, by Rep. RUDNICK.

Rep. RUDNICK explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WAITES a leave of absence for the remainder of the day.

Rep. KIRSH moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 89; Nays 3

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barber
Beasley                Bennett                Boan
Brown, G.              Brown, H.              Bruce
Burch                  Burriss                Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Cromer
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Fulmer
Gentry                 Gonzales               Gregory
Hallman                Harris, P.             Harvin
Harwell                Haskins                Hayes
Hendricks              Hodges                 Houck
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Kempe                  Kinon                  Kirsh
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McKay
McLeod                 Meacham                Nettles
Phillips               Quinn                  Rama
Rhoad                  Ross                   Scott
Sharpe                 Sheheen                Shirley
Short                  Smith                  Snow
Stoddard               Sturkie                Townsend
Tucker                 Vaughn                 Wilkes
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--89

Those who voted in the negative are:

Glover                 Rudnick                White

Total--3

So, the amendment was tabled.

Rep. RUDNICK proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\BR1\1336.DW), which was tabled.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/SECTION ______

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES AND USE TAX, SO AS TO INCREASE IT FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS.

Section 12-36-2110 of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"Section 12-36-2110. (A) The maximum tax imposed by this chapter is five hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals five hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is calculated as follows:

(1) subtract trade-in allowance from the sales price;

(2) multiply the result from (1) by sixty-five percent;

(3) If the result from (2) is no greater than ten thousand dollars, multiply by five percent. This is the amount of the tax due.

(4) If the result from (2) is greater than ten thousand dollars, the tax due is five hundred dollars plus one percent of the amount greater than ten thousand dollars.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is five hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organization's exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. RAMA moved to table the amendment, which was agreed to by a division vote of 76 to 11.

JOURNAL ENTRY

I voted for the motion to table Amendment #60 on division vote. There is still too much waste to be avoided and other funds to be shifted before increasing any new taxes on any consumers.

Rep. J.L. MANN CROMER, JR.

Rep. KLAPMAN moved that the House recede until 1:30 P.M.

Rep. JASKWHICH demanded the yeas and nays, which were taken resulting as follows:

Yeas 4; Nays 75

Those who voted in the affirmative are:

Brown, J.              Klapman                Mattos
Wilkes

Total--4

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Baker
Baxley                 Beatty                 Boan
Brown, G.              Brown, H.              Burch
Cato                   Clyborne               Cole
Cork                   Cromer                 Elliott, D.
Elliott, L.            Farr                   Foster
Fulmer                 Gentry                 Gonzales
Gregory                Harris, P.             Harvin
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Houck
Huff                   Jaskwhich              Johnson, J.W.
Keegan                 Keesley                Kempe
Keyserling             Kinon                  Kirsh
Koon                   Lanford                Littlejohn
Manly                  Marchbanks             Martin, L.
Martin, M.             McCain                 McCraw
McKay                  Meacham                Neilson
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers
Rudnick                Sheheen                Short
Smith                  Snow                   Stoddard
Sturkie                Tucker                 Vaughn
Wells                  White                  Wofford
Wright                 Young, A.              Young, R.

Total--75

So, the House refused to recede.

Rep. RUDNICK proposed the following Amendment No. 61 (Doc Name L:\council\legis\amend\BR1\1335.DW), which was tabled.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/SECTION ______

TO AMEND SECTION 12-36-2110 OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES AND USE TAX, SO AS TO INCREASE IT FROM THREE HUNDRED TO FOUR HUNDRED DOLLARS.

Section 12-36-2110 of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:

"Section 12-36-2110. (A) The maximum tax imposed by this chapter is four hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals four hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is calculated as follows:

(1) subtract trade-in allowance from the sales price;

(2) multiply the result from (1) by sixty-five percent;

(3) If the result from (2) is no greater than eight thousand dollars, multiply by five percent. This is the amount of the tax due.

(4) If the result from (2) is greater than eight thousand dollars, the tax due is four hundred dollars plus one percent of the amount greater than eight thousand dollars.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is four hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organization's exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 126 (Doc Name L:\council\legis\amend\436\11371.DW), which was tabled.

Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 12-7-230 OF THE 1976 CODE, RELATING TO THE CORPORATE INCOME TAX, SO AS TO INCREASE THE TAX FROM FIVE TO SIX PERCENT OF THE ENTIRE NET INCOME RECEIVED BY THE CORPORATION DURING THE INCOME TAX YEAR.

A.     Section 12-7-230 of the 1976 Code is amended to read:

"Section 12-7-230.     (A) Every corporation organized under the laws of this State, whose entire business is transacted or conducted within this State, shall make a return and shall pay annually an income tax equivalent to six percent of the entire net income received by the corporation during the income tax year, and except as otherwise provided, every corporation organized under the laws of this State, doing or transacting business partly within and partly without this State, shall make a return and shall pay annually an income tax equivalent to six percent of a proportion of its entire net income to be determined as provided in this chapter, and except as otherwise provided, every foreign corporation transacting, conducting, doing business, or having an income within the jurisdiction of this State, whether or not the corporation is engaged in or the income derived from intrastate, interstate, or foreign commerce, shall make a return and shall pay annually an income tax equivalent to six percent of a proportion of its entire net income, to be determined as provided in this chapter. The term "transacting", "conducting", or "doing business", as used in this section, includes the engaging in or the transacting of any activity in this State for the purpose of financial profit or gain."

B.     This section takes effect for tax years beginning after 1990./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. MEACHAM moved to table the amendment, which was agreed to by a division vote of 77 to 5.

JOURNAL ENTRY

I voted to table Amendment #126 on division vote. There is still too much waste and still too many other monies which can be moved before increasing taxes on anyone or anything.

Rep. J.L. MANN CROMER, JR.

AMENDMENT NO. 152--ADOPTED

Debate was resumed on Amendment No. 152, which was proposed on Wednesday, March 13, by Rep. D. ELLIOTT.

Rep. QUINN explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 157--TABLED

Debate was resumed on Amendment No. 157, which was proposed on Wednesday, March 13, by Rep. WOFFORD.

Rep. WOFFORD moved to table the amendment, which was agreed to.

Rep. McLEOD proposed the following Amendment No. 162 (Doc Name L:\council\legis\amend\BR1\1358.AC), which was adopted.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/SECTION _____

TO AMEND SECTION 44-56-510 OF THE 1976 CODE, RELATING TO WASTE ASSESSMENTS, SO AS TO INCREASE THE FEES CHARGED FOR WASTE DISPOSED OF IN A SITE PERMITTED TO RECEIVE HAZARDOUS WASTE, NOT OTHERWISE ASSESSED, FROM FIVE DOLLARS TO SIX DOLLARS A TON FOR IN-STATE WASTE AND FROM SEVEN DOLLARS AND FIFTY CENTS A TON FOR OUT-OF-STATE WASTE TO EIGHT DOLLARS AND FIFTY CENTS AND TO PROVIDE THAT ONE DOLLAR OF THESE FEES COLLECTED BE REMITTED TO THE TOWN OF PINEWOOD FOR INDUSTRIAL DEVELOPMENT WITHIN FIVE MILES OF THE PERMITTED HAZARDOUS WASTE LAND DISPOSAL SITE IN SUMTER COUNTY.

Section 44-56-510 of the 1976 Code is amended to read:

"Section 44-56-510.     (A)     Any waste disposed of in a land disposal site permitted to receive hazardous waste for disposal and not assessed a fee under the provisions of Article 1 of this chapter must be assessed as follows:

(1)     A fee of five dollars a ton of wastes generated and disposed of in this State by landfilling or other means of land disposal must be remitted to the department.

(2)     For all wastes generated outside of the State and received at a facility during the quarter, each owner/operator of a hazardous waste land disposal facility shall remit to the department a fee of eight dollars and fifty cents a ton.

(B)     One dollar a ton of the fees assessed pursuant to Section (A)(2) to this section must be remitted to the Town of Pinewood for industrial development within five miles of the permitted hazardous waste land disposal site in Sumter County."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLEOD explained the amendment.

The amendment was then adopted.

Reps. MANLY and BAKER proposed the following Amendment No. 196 (Doc Name H. 3650.HA L:\council\legis\amend\436\AM), which was tabled.

Amend the bill, as and if amended, in PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 12-36-2610 OF THE 1976 CODE, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES AND USE TAX, SO AS TO ALLOW A DISCOUNT EQUAL TO THREE PERCENT OF THE TAX DUE AND TO REDUCE THE TOTAL DISCOUNT ALLOWED IN A STATE FISCAL YEAR FROM TEN THOUSAND DOLLARS TO ONE HUNDRED FIFTY DOLLARS.

A.     Section 12-36-2610 of the 1976 Code, as added by Act 612 of 1990, is amended to reaD:

"Section 12-36-2610.     When a sales or use tax return required by Section 12-36-2570 and Chapter 10 of Title 4 is filed and the taxes due on it are paid in full on or before the final due date, including a date to which the time for making the return and paying the tax has been extended pursuant to the provisions of Section 12-54-70, the taxpayer is allowed a discount on taxes shown to be due by the return equal to three percent.

In no case is a discount allowed if the return, or the tax on it is received after the due date, pursuant to Section 12-36-2570, or after the expiration of any extension granted by the commission. The discount permitted a taxpayer under this section may not exceed one hundred fifty dollars during any one state fiscal year."/

Renumber sections to conform.

Amend title to conform.

Rep. MANLY explained the amendment.

Rep. BURRISS moved to table the amendment, which was agreed to.

RECORD FOR JOURNAL

Amendment #196

Due to my vocation as a Retail Merchant and the filing of sales tax I did not participate in the debate or vote.

Rep. THOMAS C. ALEXANDER

Reps. McELVEEN, HALLMAN, SCOTT, McLEOD, G. BROWN and BAXLEY proposed the following Amendment No. 214 (Doc Name L:\council\legis\amend\N05\7356.HC), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to Part II.

/SECTION __

TO AMEND SECTION 44-56-20 OF THE 1976 CODE RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT FOR PURPOSES OF THE FEES IMPOSED ON HAZARDOUS WASTE DISPOSAL PURSUANT TO THE ACT, HAZARDOUS WASTE INCLUDES ALL WASTE DISPOSED OF IN A LAND DISPOSAL SITE PERMITTED TO RECEIVE HAZARDOUS WASTE AND TO PROVIDE THAT THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF ADDITIONAL FEES GENERATED BY THIS EXPANDED DEFINITION OF HAZARDOUS WASTE MUST BE DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE AND APPROPRIATED AS THE STATE'S CONTRIBUTION TO THE HAZARDOUS WASTE CONTINGENCY FUND.

A.     Section 44-56-20(6) of the 1976 Code is amended by adding at the end:

"For purposes of the fees assessed on the disposal of hazardous waste as provided in this chapter, all waste received from out-of-state and disposed of in a land disposal site permitted to receive hazardous waste for disposal is considered hazardous waste."

B.     The first two hundred fifty thousand dollars in fees generated as a result of the expanded definition of "hazardous waste" in the amendment to Section 44-56-20(6) of the 1976 Code as contained in Subsection A of this section must be deposited to the credit of the general fund of the State and appropriated as the state's contributions to the Hazardous Waste Contingency Fund.

C.     This section takes effect July 1, 1991./

Renumber sections to conform.

Amend title to conform.

Rep. McELVEEN explained the amendment.

Reps. BURRISS and STURKIE spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. HASKINS moved to table the amendment.

Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:

Yeas 30; Nays 57

Those who voted in the affirmative are:

Bailey, G.             Bennett                Bruce
Burriss                Carnell                Cato
Cole                   Farr                   Felder
Harwell                Haskins                Jaskwhich
Klapman                Koon                   Martin, M.
McAbee                 McCain                 McCraw
Meacham                Rhoad                  Sharpe
Shirley                Smith                  Snow
Sturkie                Townsend               Vaughn
Wells                  Wilkes                 Wright

Total--30

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Brown, G.
Chamblee               Clyborne               Cooper
Corbett                Cork                   Cromer
Elliott, L.            Fair                   Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harvin                 Hayes
Hendricks              Houck                  Huff
Johnson, J.C.          Keegan                 Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Littlejohn             Manly
Martin, L.             McElveen               McKay
McLeod                 Neilson                Nettles
Phillips               Quinn                  Rama
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Tucker
Wilkins                Williams, D.           Williams, J.
Wofford                Young, A.              Young, R.

Total--57

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. ROGERS proposed the following Amendment No. 216 (Doc Name L:\council\legis\amend\CYY\18345.SD), which was rejected.

Amend the bill, as and if amended, in PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 12-7-437 OF THE 1976 CODE, RELATING TO THE DEDUCTION FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS A PORTION OF LONG TERM CAPITAL GAIN RECOGNIZED, SO AS TO DELAY THE PHASE-IN OF THE DEDUCTION BY PROVIDING FOR THE INITIAL FOURTEEN PERCENT EXCLUSION TO APPLY IN TAXABLE YEAR 1991 AND DELAYING THE REMAINING PHASE-IN EXCLUSION INCREASE BY ONE TAXABLE YEAR, AND TO PROVIDE THAT REVENUE DERIVED FROM THE DELAY OF THESE DEDUCTIONS MUST BE DEPOSITED IN A SPECIAL FUND SEPARATE AND DISTINCT FROM THE STATE GENERAL FUND TO BE USED SOLELY FOR FULL FUNDING OF THE EDUCATION FINANCE ACT AND ANY EXCESS MUST BE USED FOR SCHOOL BUILDING PURPOSES AND DISTRIBUTED IN ACCORDANCE WITH SECTION 59-21-320 OF THE 1976 CODE.

A.     Section 12-7-437(A) of the 1976 Code, as added by Section 62, Part II, Act 189 of 1989, is amended to read:

"(A)     There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net long term capital gain recognized during the below-referenced taxable years:

(1)     fourteen percent for taxable years beginning in 1990 and 1991;

(2)     twenty-nine percent for taxable years beginning in 1992;

(3)     forty-four percent for taxable years beginning after 1991."

B.     The revenue derived from the delay of the dates when long term capital gain deductions may be taken as provided in Subsection A of this section must be deposited by the State Treasurer in a fund separate and distinct from the State General Fund and used solely for full funding of the Education Finance Act and any excess must be used for school building purposes and distributed in accordance with Section 59-21-320 of the 1976 Code./

Renumber sections to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

Rep. McCAIN spoke against the amendment.

Reps. J. BAILEY and FELDER spoke in favor of the amendment.

Rep. McCAIN moved to table the amendment.

Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 62

Those who voted in the affirmative are:

Alexander, T.C.        Brown, H.              Bruce
Burriss                Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Fair
Fulmer                 Gonzales               Hallman
Haskins                Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Kirsh
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
McAbee                 McCain                 McGinnis
McKay                  McLeod                 McTeer
Phillips               Quinn                  Rama
Sharpe                 Sheheen                Sturkie
Townsend               Vaughn                 Wells
Wilkins                Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--48

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Beatty
Bennett                Brown, G.              Brown, J.
Burch                  Carnell                Chamblee
Cromer                 Elliott, D.            Elliott, L.
Farr                   Felder                 Foster
Gentry                 Glover                 Gregory
Harris, J.             Harris, P.             Harvin
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Houck
Johnson, J.C.          Keesley                Kempe
Keyserling             Kinon                  Manly
Martin, D.             Martin, M.             Mattos
McCraw                 McElveen               Meacham
Neilson                Nettles                Rhoad
Rogers                 Ross                   Rudnick
Scott                  Shirley                Short
Smith                  Snow                   Tucker
Waldrop                Whipper                White
Wilkes                 Williams, D.

Total--62

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

Rep. ROGERS spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. ROGERS continued speaking.

STATEMENT FOR JOURNAL

After careful consideration and further research, I regret my vote on the tabling motion and intend to vote against Amendment #216 on a straight vote.

Rep. BECKY MEACHAM

Reps. CLYBORNE and HASKINS spoke against the amendment.

Reps. BAKER and CROMER spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HOUCK a leave of absence for the remainder of the day.

Rep. BEASLEY moved to adjourn debate upon the amendment.

Rep. J. BAILEY moved to table the motion to adjourn debate.

Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Beatty
Bennett                Brown, G.              Brown, J.
Burch                  Chamblee               Cromer
Elliott, L.            Farr                   Felder
Foster                 Gentry                 Glover
Gregory                Harris, J.             Harvin
Harwell                Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keesley                Kempe                  Keyserling
Klapman                Koon                   Manly
Marchbanks             Martin, D.             Martin, L.
Mattos                 McCain                 McCraw
McElveen               McLeod                 McTeer
Phillips               Rhoad                  Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Sturkie
Waldrop                Whipper                White
Wilkes                 Williams, D.           Wofford

Total--66

Those who voted in the negative are:

Baxley                 Beasley                Brown, H.
Bruce                  Burriss                Carnell
Cato                   Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Elliott, D.            Fair
Fulmer                 Gonzales               Hallman
Harris, P.             Haskins                Keegan
Kinon                  Kirsh                  Littlejohn
Martin, M.             McAbee                 McGinnis
McKay                  Meacham                Neilson
Nettles                Quinn                  Rama
Ross                   Townsend               Tucker
Vaughn                 Wells                  Wilkins
Wright                 Young, A.              Young, R.

Total--42

So, the motion to adjourn debate was tabled.

The question then recurred to the adoption of the amendment.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 48; Nays 61

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Beasley                Beatty
Brown, G.              Brown, J.              Burch
Chamblee               Cromer                 Elliott, D.
Elliott, L.            Farr                   Felder
Foster                 Glover                 Harris, J.
Harvin                 Hayes                  Hendricks
Hodges                 Holt                   Johnson, J.C.
Keesley                Kempe                  Keyserling
Kinon                  Manly                  Martin, D.
Martin, M.             McCraw                 McElveen
Neilson                Rogers                 Ross
Rudnick                Scott                  Shirley
Short                  Smith                  Whipper
White                  Wilkes                 Williams, D.

Total--48

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Bennett
Brown, H.              Bruce                  Burriss
Carnell                Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Corning                Fair
Fulmer                 Gentry                 Gonzales
Gregory                Hallman                Harris, P.
Harwell                Haskins                Huff
Jaskwhich              Johnson, J.W.          Keegan
Kirsh                  Klapman                Koon
Littlejohn             Marchbanks             Martin, L.
Mattos                 McAbee                 McCain
McGinnis               McKay                  McLeod
McTeer                 Meacham                Nettles
Phillips               Quinn                  Rama
Rhoad                  Sharpe                 Sheheen
Snow                   Sturkie                Townsend
Tucker                 Vaughn                 Waldrop
Wells                  Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--61

So, the amendment was rejected.

Rep. ROGERS proposed the following Amendment No. 219 (Doc Name L:\council\legis\amend\436\11397.HC), which was tabled.

Amend the bill, as and if amended, in PART II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION

TO PROVIDE THAT AVERAGE TEACHER SALARY MUST BE INCREASED TO THE EXTENT POSSIBLE TO MEET THE SOUTHEASTERN AVERAGE TEACHER SALARY FOR THE CURRENT YEAR, TO PROVIDE THAT THE PROJECTED SOUTHEASTERN AVERAGE TEACHER SALARY MUST BE THE AVERAGE OF TEACHER SALARIES IN THE SOUTHEAST, AND TO PROVIDE THAT NOT MORE THAN ONE-THIRD OF THE GROWTH IN EIA REVENUES MAY BE USED TO INCREASE THE EIA SALARY SUPPLEMENT AND FRINGE BENEFITS.

The average teacher salary must be increased to the extent possible to meet the southeastern average teacher salary for the current school year. The projected southeastern average teacher salary must be the average of teacher salaries in the southeast. Not more than one-third of the growth in EIA revenues may be used to increase the EIA salary supplement and fringe benefits./

Renumber section to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ROGERS continued speaking.

SPEAKER IN CHAIR

Rep. CORNING spoke against the amendment.

Reps. FOSTER, HARWELL and FELDER spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 59; Nays 47

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Baker
Baxley                 Beasley                Bennett
Boan                   Brown, G.              Brown, H.
Bruce                  Burriss                Carnell
Cato                   Clyborne               Cole
Cooper                 Cork                   Corning
Fair                   Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Haskins                Hayes
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.W.          Keyserling
Kirsh                  Klapman                Koon
Lanford                Manly                  Martin, L.
Mattos                 McAbee                 McCain
McElveen               McKay                  McLeod
McTeer                 Nettles                Phillips
Quinn                  Rama                   Sharpe
Sheheen                Short                  Sturkie
Townsend               Vaughn                 Wilkins
Wofford                Wright

Total--59

Those who voted in the negative are:

Altman                 Bailey, G.             Bailey, J.
Bailey, K.             Barber                 Beatty
Brown, J.              Burch                  Chamblee
Corbett                Cromer                 Elliott, D.
Elliott, L.            Farr                   Felder
Foster                 Glover                 Harris, P.
Harvin                 Harwell                Holt
Keegan                 Keesley                Kempe
Kinon                  Littlejohn             Marchbanks
Martin, D.             Martin, M.             McCraw
Meacham                Neilson                Rhoad
Rogers                 Ross                   Rudnick
Scott                  Shirley                Smith
Snow                   Tucker                 Waldrop
Wells                  Whipper                Wilkes
Williams, D.           Young, A.

Total--47

So, the amendment was tabled.

Reps. NEILSON, LITTLEJOHN, BEATTY and WELLS proposed the following Amendment No. 220 (Doc Name L:\council\legis\amend\CYY\18349.SD), which was tabled.

Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:

/SECTION ____

TO AMEND SECTION 12-36-2110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO PROVIDE THAT THIS MAXIMUM TAX IS THREE AND ONE-TENTH PERCENT OF THE SALE OR LEASE PRICE OF THESE ITEMS RATHER THAN THREE HUNDRED DOLLARS.

Section 12-36-2110 of the 1976 Code, which was added by Act 612 of 1990, is amended to read:

"Section 12-36-2110.     (A) The maximum tax imposed by this chapter is three and one-tenth percent of the sale price for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:

(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;

(2) motor vehicle;

(3) motorcycle;

(4) boat;

(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;

(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three and one-tenth percent of the lease price. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.

(B) For the sale of a mobile home, as defined in Section 31-17-20, the tax is three and one-tenth percent of sixty-five percent of the sale price.

(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three and one-tenth percent of the sale price. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. RAMA moved to table the amendment.

Rep. LITTLEJOHN demanded the yeas and nays, which were taken resulting as follows:

Yeas 73; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Baxley
Beasley                Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Burriss                Carnell                Cato
Chamblee               Clyborne               Cooper
Corbett                Cork                   Cromer
Elliott, L.            Fair                   Felder
Foster                 Fulmer                 Gentry
Gonzales               Gregory                Hallman
Harris, J.             Harris, P.             Harvin
Harwell                Haskins                Hendricks
Hodges                 Holt                   Jaskwhich
Johnson, J.W.          Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Koon                   Marchbanks             Martin, L.
McAbee                 McCain                 McCraw
McKay                  McLeod                 McTeer
Nettles                Quinn                  Rama
Rhoad                  Sharpe                 Sheheen
Smith                  Snow                   Sturkie
Townsend               Tucker                 Vaughn
Waldrop                White                  Wilkes
Wilkins                Wofford                Wright
Young, A.

Total--73

Those who voted in the negative are:

Beatty                 Burch                  Glover
Johnson, J.C.          Kempe                  Littlejohn
Manly                  McGinnis               Neilson
Rudnick                Shirley                Wells
Williams, J.

Total--13

So, the amendment was tabled.

Rep. G. BROWN proposed the following Amendment No. 221 (Doc Name L:\council\legis\amend\DKA\3256.HTC), which was ruled out of order.

Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:

/SECTION __

TO REQUIRE COMMERCIAL SOLID WASTE LANDFILL OPERATORS TO CHARGE A RATE FOR OUT-OF-STATE GENERATED SOLID WASTE EQUAL TO AT LEAST TEN TIMES THE RATE CHARGED FOR THE DISPOSAL OF IN-STATE GENERATED SOLID WASTE, TO DECLARE THE REVENUE DIFFERENTIAL A TAX, AND PROVIDE FOR ITS DISTRIBUTION.

A.     Rates charged by operators of commercial solid waste landfills for the disposal of out-of-state generated solid waste must equal at least ten times the rate charged for disposal of in-state generated solid waste. The revenue differential between the two rates is deemed a tax which must be remitted by the operator monthly as follows:

(1)     eighty percent to the county where the disposal site is located; and

(2)     twenty percent to the South Carolina Department of Health and Environmental Control.

B.     This section takes effect July 1, 1991./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. SMITH raised the Point of Order that Amendment No. 221 was out of order as it was not germane in compliance with Rule 5.3.

Rep. G. BROWN argued contra the Point.

The SPEAKER stated that it did create a new fee and he sustained the Point of Order and ruled the Amendment out of order.

Rep. KIRSH proposed the following Amendment No. 228 (Doc Name L:\council\legis\amend\436\11399.HC), which was adopted.

Amend the amendment, as and if amended, offered by Reps. Boan and McAbee, designated as Amendment 144, by striking the last paragraph of Section 12-31-250, as contained in Subsection G and inserting:

/No card or marker may be issued by the Tax Commission until after the fee provided in this section is paid. Thirty percent of the fees provided for by this section must be credited to the state highway fund. The remaining portion of the fees must be deposited to the credit of the general fund of the State./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

PART I
SECTION 28--AMENDED AND ADOPTED

Debate was resumed on Section 28.

AMENDMENT NO. 106--TABLED

Debate was resumed on Amendment No. 106, which was proposed on Tuesday, March 12, by Reps. ROGERS and BEASLEY.

Rep. ROGERS moved to table the amendment, which was agreed to.

AMENDMENT NO. 96--TABLED

Debate was resumed on Amendment No. 96, which was proposed on Tuesday, March 12, by Reps. ROGERS and BEASLEY.

Rep. ROGERS moved to table the amendment, which was agreed to.

Reps. MCGINNIS, M.O. ALEXANDER, COLE, MATTOS, LITTLEJOHN, WELLS, BRUCE and WHIPPER proposed the following Amendment No. 58 (Doc Name L:\council\legis\amend\JIC\5459.HC), which was adopted.

Amend the bill, as and if amended, in Part I, Section 28, State Education Department, Page 356, line 30, by inserting in Column (7) /86,427,656/.

Amend further, page 356, by striking line 32.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. M.O. ALEXANDER spoke in favor of the amendment.

Rep. ROGERS spoke against the amendment.

Rep. WELLS spoke in favor of the amendment.

Rep. ROGERS spoke against the amendment.

Rep. WILKES spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKES continued speaking.

Rep. ROGERS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 14; Nays 90

Those who voted in the affirmative are:

Cato                   Clyborne               Cork
Fair                   Haskins                Jaskwhich
Keesley                Keyserling             Nettles
Rogers                 Sheheen                Vaughn
Wilkins                Young, A.

Total--14

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Baxley
Beatty                 Bennett                Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Burriss
Carnell                Chamblee               Cole
Cooper                 Corbett                Corning
Cromer                 Elliott, D.            Elliott, L.
Farr                   Felder                 Foster
Fulmer                 Gentry                 Glover
Gonzales               Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Hayes                  Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Keegan                 Kempe
Kinon                  Kirsh                  Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McCraw                 McElveen
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rama
Rhoad                  Rudnick                Scott
Sharpe                 Shirley                Smith
Snow                   Sturkie                Townsend
Tucker                 Waldrop                Wells
Whipper                White                  Wilkes
Williams, J.           Wofford                Young, R.

Total--90

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

AMENDMENT NO. 216--MOTION TO RECONSIDER TABLED

Rep. WALDROP moved to reconsider the vote whereby Amendment No. 216 was rejected.

Rep. McCAIN moved to table the motion to reconsider.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 53; Nays 50

Those who voted in the affirmative are:

Alexander, T.C.        Baxley                 Beasley
Brown, H.              Bruce                  Burriss
Carnell                Cato                   Clyborne
Cole                   Cooper                 Corbett
Cork                   Elliott, L.            Fair
Fulmer                 Gonzales               Hallman
Haskins                Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Keyserling
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, L.             McAbee                 McCain
McGinnis               McKay                  McTeer
Meacham                Neilson                Nettles
Quinn                  Rama                   Ross
Sharpe                 Sheheen                Stoddard
Sturkie                Townsend               Vaughn
Wells                  Wofford                Wright
Young, A.              Young, R.

Total--53

Those who voted in the negative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Beatty                 Bennett
Brown, G.              Brown, J.              Burch
Chamblee               Cromer                 Elliott, D.
Farr                   Felder                 Foster
Gentry                 Glover                 Harris, J.
Harris, P.             Harvin                 Harwell
Hayes                  Hendricks              Hodges
Holt                   Johnson, J.C.          Keesley
Kempe                  Kinon                  Manly
Martin, D.             Martin, M.             McCraw
McElveen               McLeod                 Rogers
Rudnick                Scott                  Shirley
Short                  Smith                  Snow
Tucker                 Waldrop                Whipper
Wilkes                 Williams, J.

Total--50

So, the motion to reconsider was tabled.

Reps. McGINNIS, M. O. ALEXANDER, COLE, MATTOS, LITTLEJOHN, WELLS, BRUCE and WHIPPER proposed the following Amendment No. 62 (Doc Name L:\council\legis\amend\JIC\5463.HC), which was adopted.

Amend the bill, as and if amended, in Part I, Section 28, State Education Department, Page 356, line 30, by inserting in Column (7) /87,996,567/.

Amend further, page 359, by striking lines 11 through 29.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

The question then recurred to the adoption of the amendment.

Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:

Yeas 89; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Baxley                 Beatty
Bennett                Boan                   Brown, G.
Brown, H.              Brown, J.              Bruce
Burch                  Burriss                Carnell
Chamblee               Cole                   Cooper
Corbett                Cromer                 Elliott, D.
Elliott, L.            Fair                   Farr
Felder                 Foster                 Fulmer
Gentry                 Glover                 Gonzales
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Hayes
Hendricks              Hodges                 Holt
Johnson, J.C.          Johnson, J.W.          Keegan
Kempe                  Kinon                  Kirsh
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 Meacham
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Ross                   Rudnick                Scott
Sharpe                 Shirley                Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Wells
Whipper                Williams, J.           Wofford
Wright                 Young, R.

Total--89

Those who voted in the negative are:

Beasley                Cato                   Clyborne
Cork                   Haskins                Jaskwhich
Keesley                Keyserling             Sheheen
Short                  Vaughn                 Young, A.

Total--12

So, the amendment was adopted.

RECORD FOR VOTING

Had I been at my desk, I would have voted in favor of the amendment.

Rep. DAVE WALDROP

Reps. KIRSH, KLAPMAN and H. BROWN proposed the following Amendment No. 155 (Doc Name L:\h-wm\legis\amend\WM3650.58), which was adopted.

Amend the bill, as and if amended, Part 1, Section 28, State Education Department, Page 0364, Line 24, Opposite /EIA Select/ by inserting in column (7) /155,000/ and in column (8) /0/

Amend Further, Page 0361, Line 13, Opposite /Debt Service/Bond/ by inserting in column (7) /3,550,000/ and in column (8) /0/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. McABEE and McTEER proposed the following Amendment No. 131 (Doc Name L:\h-wm\legis\amend\WM3650.131), which was adopted.

Amend the bill, as and if amended, Part 1, Section 28, State Education Department, Page 0364, Line 27, Opposite /Will Lou Grey School/ by inserting in column (7) /316,090/ and in column (8) /0/

Amend Further, Page 0364, Line 28, Opposite /Deaf and Blind/ by inserting in column (7) /1,471,110/ and in column (8) /0/

Amend Further, Page 0364, Line 31, Opposite /J.H. DeLa Howe School/ by inserting in column (7) /231,920/ and in column (8) /0/

Amend Further, Page 0364, Line 26, Opposite /Teacher Pay/ by inserting in column (7) /202,964/ and in column (8) /0/

Renumber sections to conform.

Amend totals and title to conform.

SECTION 28.1

Section 28.1 was adopted.

SECTION 28.2

Section 28.2 was adopted.

SECTION 28.3

Section 28.3 was adopted.

SECTION 28.4

Section 28.4 was adopted.

SECTION 28.5

Section 28.5 was adopted.

SECTION 28.6

Section 28.6 was adopted.

SECTION 28.7

Section 28.7 was adopted.

SECTION 28.8

Section 28.8 was adopted.

SECTION 28.9

Section 28.9 was adopted.

SECTION 28.10

Section 28.10 was adopted.

SECTION 28.11

Section 28.11 was adopted.

SECTION 28.12

Section 28.12 was adopted.

SECTION 28.13--AMENDED AND ADOPTED

Rep. McTEER proposed the following Amendment No. 224 (Doc Name L:\h-wm\legis\amend\WM3650.189), which was adopted.

Amend the bill, as and if amended, Part I, Section 28.13, Department of Education, Page 0373, Line 39, left column, by striking /$1,604/ and inserting /$1,596/

Amend further, Line 39, by striking /4.2%/ and inserting /3.7%/

Renumber sections to conform.

Amend totals and title to conform.

Section 28.13, as amended, was adopted.

SECTION 28.14

Section 28.14 was adopted.

SECTION 28.15

Section 28.15 was adopted.

SECTION 28.16

Section 28.16 was adopted.

SECTION 28.17

Section 28.17 was adopted.

SECTION 28.18

Section 28.18 was adopted.

SECTION 28.19

Section 28.19 was adopted.

SECTION 28.20

Section 28.20 was adopted.

SECTION 28.21

Section 28.21 was adopted.

SECTION 28.22--AMENDED AND ADOPTED

Rep. PHILLIPS proposed the following Amendment No. 80 (Doc Name L:\h-wm\legis\amend\WM3650.96), which was adopted.

Amend the bill, as and if amended, Part 1, Section 28, State Education Department, Page 0374, Line 43, Right Column, Proviso 28.22, by striking /for purchase of textbooks/

Renumber sections to conform.

Amend totals and title to conform.

Section 28.22, as amended, was adopted.

SECTION 28.23

Section 28.23 was adopted.

SECTION 28.24

Section 28.24 was adopted.

SECTION 28.25--AMENDED AND ADOPTED

Reps. WAITES and BEASLEY proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\CYY\18272.SD), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Paragraph 28.25, by inserting immediately after /for/ as contained on line 22, page 375, in the lefthand column /all children including/.

Amend totals and title to conform.

Section 28.25, as amended, was adopted.

SECTION 28.26

Section 28.26 was adopted.

SECTION 28.27

Section 28.27 was adopted.

SECTION 28.28

Section 28.28 was adopted.

SECTION 28.29

Section 28.29 was adopted.

SECTION 28.30

Section 28.30 was adopted.

SECTION 28.31

Section 28.31 was adopted.

SECTION 28.32

Section 28.32 was adopted.

SECTION 28.33

Section 28.33 was adopted.

SECTION 28.34

Section 28.34 was adopted.

SECTION 28.35

Section 28.35 was adopted.

SECTION 28.36

Section 28.36 was adopted.

SECTION 28.37

Section 28.37 was adopted.

SECTION 28.38

Section 28.38 was adopted.

SECTION 28.39

Section 28.39 was adopted.

SECTION 28.40

Section 28.40 was adopted.

SECTION 28.41

Section 28.41 was adopted.

SECTION 28.42

Section 28.42 was adopted.

SECTION 28.43

Section 28.43 was adopted.

SECTION 28.44

Section 28.44 was adopted.

SECTION 28.45

Section 28.45 was adopted.

SECTION 28.46

Section 28.46 was adopted.

SECTION 28.47

Section 28.47 was adopted.

SECTION 28.48

Section 28.48 was adopted.

SECTION 28.49

Section 28.49 was adopted.

SECTION 28.50

Section 28.50 was adopted.

SECTION 28.51

Section 28.51 was adopted.

SECTION 28.52--TABLED

Rep. McTEER moved to table the section, which was agreed to.

SECTION 28.53

Section 28.53 was adopted.

SECTION 28.54

Section 28.54 was adopted.

SECTION 28.55

Section 28.55 was adopted.

SECTION 28.56

Section 28.56 was adopted.

SECTION 28.57

Section 28.57 was adopted.

SECTION 28.58

Section 28.58 was adopted.

SECTION 28.59

Section 28.59 was adopted.

SECTION 28.60

Section 28.60 was adopted.

SECTION 28.61

Section 28.61 was adopted.

SECTION 28.62

Section 28.62 was adopted.

SECTION 28.63

Section 28.63 was adopted.

SECTION 28.64

Section 28.64 was adopted.

SECTION 28.65

Section 28.65 was adopted.

SECTION 28.66

Section 28.66 was adopted.

SECTION 28.67

Section 28.67 was adopted.

SECTION 28.68

Section 28.68 was adopted.

SECTION 28.69

Section 28.69 was adopted.

SECTION 28.70

Section 28.70 was adopted.

SECTION 28.71

Section 28.71 was adopted.

SECTION 28.72

Section 28.72 was adopted.

SECTION 28.73

Section 28.73 was adopted.

SECTION 28.74

Section 28.74 was adopted.

SECTION 28.75

Section 28.75 was adopted.

SECTION 28.76

Section 28.76 was adopted.

SECTION 28.77

Section 28.77 was adopted.

SECTION 28.78

Section 28.78 was adopted.

SECTION 28.80

Section 28.80 was adopted.

SECTION 28.81

Section 28.81 was adopted.

SECTION 28.82

Section 28.82 was adopted.

SECTION 28.83

Section 28.83 was adopted.

SECTION 28.84

Section 28.84 was adopted.

SECTION 28.85

Section 28.85 was adopted.

SECTION 28.86

Section 28.86 was adopted.

SECTION 28.87

Section 28.87 was adopted.

SECTION 28.88

Section 28.88 was adopted.

SECTION 28.89

Section 28.89 was adopted.

SECTION 28.90

Section 28.90 was adopted.

SECTION 28.91

Section 28.91 was adopted.

SECTION 28.92

Section 28.92 was adopted.

SECTION 28.93

Section 28.93 was adopted.

SECTION 28.95

Section 28.95 was adopted.

SECTION 28.96

Section 28.96 was adopted.

SECTION 28.98

Section 28.98 was adopted.

SECTION 28.99

Section 28.99 was adopted.

SECTION 28.100--TABLED

Rep. PHILLIPS moved to table the section, which was agreed to.

SECTION 28.102

Section 28.102 was adopted.

SECTION 28.103--TABLED

Rep. PHILLIPS moved to table the section, which was agreed to.

SECTION 28.104

Section 28.104 was adopted.

SECTION 28.105

Section 28.105 was adopted.

SECTION 28.107--AMENDED AND ADOPTED

The Ways and Means proposed the following Amendment No. 57 (Doc Name L:\h-wm\legis\amend\WM3650.47), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0382, right column, Proviso 28.107, by deleting the proviso in its entirety and by adding an appropriately numbered proviso at the end to read:

/28.__ The Department of Education is allowed to carry forward and expend any remaining funds from the $60,000 allocation for the Extended School Year Pilot Project for handicapped children as provided for in Proviso 28.114 of the fiscal year 1990-91 Appropriation Act./

Renumber sections to conform.

Amend totals and title to conform.

    Section 28.107, as amended, was adopted.

SECTION 28.108

Section 28.108 was adopted.

SECTION 28.109

Section 28.109 was adopted.

SECTION 28.111

Section 28.111 was adopted.

SECTION 28.112

Section 28.112 was adopted.

SECTION 28.113

Section 28.113 was adopted.

SECTION 28.114

Section 28.114 was adopted.

SECTION 28.116

Section 28.116 was adopted.

SECTION 28.118

Section 28.118 was adopted.

SECTION 28.119

Section 28.119 was adopted.

SECTION 28.121

Section 28.121 was adopted.

SECTION 28.122

Section 28.122 was adopted.

SECTION 28.124

Section 28.124 was adopted.

SECTION 28.125

Section 28.125 was adopted.

SECTION 28.126

Section 28.126 was adopted.

SECTION 28.127

Section 28.127 was adopted.

SECTION 28.128

Section 28.128 was adopted.

Rep. PHILLIPS proposed the following Amendment No. 83 (Doc Name L:\h-wm\legis\amend\WM3650.95), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0384, Line 22, right column, by adding an appropriately numbered proviso at the end to read:

/28.__ Funds appropriated for the parenting programs shall be used to extend the pilot phase of Target 2000 through 1991-92 and the statewide phase-in rescheduled to begin in 1992-93 with full implementation by 1994-95./

Renumber sections to conform.

Amend totals and title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

Reps. HUFF, BEASLEY, WRIGHT, FAIR, TOWNSEND, KEEGAN, CORBETT and CORNING proposed the following Amendment No. 90 (Doc Name L:\h-wm\legis\amend\WM3650.60), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0384, Line 22, right column, by adding an appropriately numbered proviso to read:

/28.__ Provided, however, that the funds appropriated for the Higher Order Thinking and Problem Solving Skills program shall be used solely to train teachers and to acquire teacher training and instructional materials, which are consistent with the definition of higher order thinking and problem solving skills which is defined as the attaining of higher levels of learning including knowledge, comprehension, application, analysis, synthesis, and evaluation by the use of instructional techniques not reasonably construed to employ "progressive" relaxation, moral relativism or altered states of consciousness by means of spiritually guided imagery, transcendental meditation, "psychic mind experiments" or "psychic" visualizations./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUFF explained the amendment.

POINT OF ORDER

Rep. MANLY raised the Point of Order that Amendment No. 90 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER stated that it did relate to a line item and he overruled the Point of Order.

Rep. HUFF continued speaking.

Rep. KEYSERLING spoke against the amendment and moved to table the amendment.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 39; Nays 57

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Bailey, K.             Barber                 Baxley
Beatty                 Bennett                Brown, G.
Brown, J.              Cork                   Cromer
Elliott, D.            Elliott, L.            Farr
Glover                 Harwell                Hayes
Hendricks              Holt                   Kempe
Keyserling             Kinon                  Lanford
Manly                  Marchbanks             Martin, D.
Martin, L.             Mattos                 McCraw
McKay                  Neilson                Nettles
Phillips               Rhoad                  Ross
Sheheen                Whipper                White

Total--39

Those who voted in the negative are:

Altman                 Bailey, G.             Baker
Beasley                Boan                   Brown, H.
Bruce                  Burriss                Cato
Chamblee               Clyborne               Cole
Cooper                 Corbett                Corning
Fair                   Fulmer                 Gentry
Gonzales               Hallman                Harris, P.
Harvin                 Haskins                Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Keegan                 Keesley                Kirsh
Klapman                Koon                   Littlejohn
Martin, M.             McCain                 McElveen
McGinnis               McTeer                 Quinn
Rama                   Rudnick                Sharpe
Shirley                Smith                  Snow
Stoddard               Sturkie                Townsend
Tucker                 Vaughn                 Waldrop
Wells                  Wilkins                Wofford
Wright                 Young, A.              Young, R.

Total--57

So, the House refused to table the amendment.

Rep. WHIPPER spoke against the amendment.

Reps. STURKIE and TOWNSEND spoke in favor of the amendment.

Rep. PHILLIPS spoke upon the amendment.

Rep. MANLY moved to table the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 38

Those who voted in the affirmative are:

Altman                 Bailey, G.             Baker
Beasley                Bennett                Brown, H.
Bruce                  Burch                  Carnell
Cato                   Chamblee               Clyborne
Cole                   Cooper                 Corbett
Corning                Elliott, D.            Fair
Fulmer                 Gentry                 Gonzales
Hallman                Harris, J.             Harris, P.
Harvin                 Haskins                Hendricks
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Klapman                Koon                   Lanford
Littlejohn             Martin, L.             Martin, M.
McAbee                 McCain                 McElveen
McLeod                 McTeer                 Quinn
Rama                   Rudnick                Sharpe
Shirley                Smith                  Snow
Stoddard               Sturkie                Townsend
Tucker                 Vaughn                 Wells
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--62

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Bailey, K.             Barber                 Baxley
Beatty                 Brown, G.              Brown, J.
Cork                   Cromer                 Elliott, L.
Farr                   Foster                 Glover
Harwell                Hayes                  Holt
Kempe                  Keyserling             Kinon
Kirsh                  Manly                  Marchbanks
Martin, D.             Mattos                 McCraw
McKay                  Meacham                Neilson
Nettles                Phillips               Ross
Sheheen                Short                  Whipper
White                  Wilkes

Total--38

So, the amendment was adopted.

SECTION 114-MOTION TO RECONSIDER REJECTED

Rep. WILKES moved to reconsider the vote whereby Section 114, was tabled, which was rejected.

Reps. HUFF, SMITH, SHARPE, BEASLEY, CORBETT, KEEGAN, WRIGHT, M. MARTIN and JASKWHICH proposed the following Amendment No. 124. (Doc Name L:\h-wm\legis\amend\WM3650.158), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 384, right column, by adding an appropriately numbered proviso at the end to read:

/28.__ The funds appropriated under Higher Order Thinking Skills must first be used to fund the Alternative Program now under development by the State Board of Education Higher Order Thinking Skills Committee./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. McTEER proposed the following Amendment No. 225 (Doc Name L:\h-wm\legis\amend\WM3650.190), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 384, Right Column, Beginning on Line 22, By inserting an appropriately numbered proviso to read:
/ 28.___ From the EIA funds appropriated herein for teacher salaries, an additional step must be added to the teacher pay scale for certified staff having eighteen or more years experience./

Renumber sections to conform.

Amend totals and title to conform.

Reps. McTEER, BOAN, J.W. JOHNSON, SHEHEEN, BEASLEY, FELDER, HASKINS, J. HARRIS, BENNETT, PHILLIPS, WALDROP, WILKINS, FOSTER, BARBER, ROGERS, J. BAILEY and KEYSERLING proposed the following Amendment No. 223 (Doc Name L:\h-wm\legis\amend\WM3650.185), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 351, Line 11, opposite /Supplies & Materials/ by inserting in column (7) /20,283,836/ and in column (8) /19,455,536/

Amend further, Page 353, Line 13, opposite /Empl. Contrib./ by inserting in column (7) /231,644,703/ and in column (8) /231,644,703/

Amend further, Line 14, opposite /EFA/ by inserting in column (7) /836,631,611/ and in column (8) /836,631,611/

Amend further, Page 350, Line 23, opposite /Supplies & Materials/ by inserting in column (7) /6,060,472/ and in column (8) /5,745,472/

Amend further, Line 26, opposite /Equipment/ by inserting in column (7) /2,730,483/ and in column (8) /2,230,483/

Amend further, Page 354, Line 12, opposite /Materials/ by inserting in column (7) /0/ and in column (8) /0/

Amend further, Page 354, Line 14, opposite /Gifted & Talented/ by inserting in column (7) /22,720,380/ and in column (8) /0/

Amend further, Line 16, opposite /Handicapped/ by inserting in column (7) /3,439,665/

Amend further, Page 355, Line 02, opposite /4 Year Old/ by inserting in column (7) /13,669,109/

Amend further, Line 03, opposite /Basic Skills/ by inserting in column (7) /67,980,917/

Amend further, Line 06, opposite /Development/ by inserting in column (7) /1,842,331/

Amend further, Page 356, Line 30, opposite /Teacher Sal./ by inserting in column (7) /87,391,062/

Amend further, Line 31, opposite /Empl. Contrib./ by inserting in column (7) /15,000,740/

Amend further, Line 33, opposite /Pathway/ by inserting in column (7) /1,244,400/

Amend further, Page 359, Line 06, opposite /Sal. Supplement/ by inserting in column (7) /2,659,690/

Amend further, Page 361, Line 16, opposite /CONSTR. & REN/ by inserting in column (7) /25,411,701/

Amend further, Page 365, Line 17, Opposite /Arts/ by inserting in column (7) /1,579,589/

Amend further, Page 356, Line 35, opposite /Competitive Teacher Grants/ by inserting in column (7) /1,220,000/

Amend further, Page 364, Line 33, opposite /Teacher Recruitment/ by inserting in column (7) /1,328,396/

Amend further, Line 34, opposite /Teacher Loan Program/ by inserting in column (7) /5,328,334/

Amend further, Page 365, Line 16, opposite /Teacher Leadership/ by inserting in column (7) /800,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MCTEER explained the amendment.

Rep. ROGERS spoke in favor of the amendment.

The amendment was then adopted.

SECTION 28.9--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. MCTEER to reconsider the vote whereby Section 28.9 was adopted was taken up and agreed to.

Rep. McTEER proposed the following Amendment No. 227 (Doc Name L:\h-wm\legis\amend\WM3650.192), which was adopted.

Amend the bill, as and if amended, Part 1, Section 28.9, Page 0373, Left Column, beginning on line 03, by striking /Of the amount appropriated under Section X for Employer Contributions...in accordance with this proviso./

Renumber sections to conform.

Amend totals and title to conform.

Section 28.9 as amended was adopted.

SECTION 28.51--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 28.51 was adopted was taken up and agreed to.

Rep. BOAN proposed the following Amendment No. 229 (Doc Name L:\h-wm\legis\amend\WM3650.203), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Education Department, Page 377, Line 21, right column, by striking section 28.51 in its entirety and inserting /28.51 Any unexpended funds or excess revenue in the Education Improvement Act Fund in the current fiscal year shall be allocated to the school building aid program./

Renumber sections to conform.

Amend totals and title to conform.

Section 28.51 as amended was adopted.

Section 28 as amended was adopted.

RECORD FOR JOURNAL

Section 28

I was unable to find anyone to pair my vote with on the Education budget. I support restoring the EIA funding and would vote to do so.
Rep. CANDY WAITES
3\14\91

SECTION 28.64--RECONSIDERED, AND TABLED

Rep. MCTEER moved to reconsider the vote whereby Section 28.64 was adopted, which was agreed to.

Rep. MCTEER moved table the section, which was agreed to.

SECTION 35--ADOPTED

Debate was resumed on Section 35.

SECTION 114--RECONSIDERED AND ADOPTED

Rep. WILKES moved to reconsider the vote whereby Section 114 was tabled, which was agreed to.

Section 114 was adopted.

Reps. J.C. JOHNSON, CARNELL and CROMER proposed the following Amendment No. 91 (Doc Name L:\council\legis\amend\DKA\3233.AL), which was tabled.

Amend the bill, as and if amended, PART I, SECTION 35, S.C. STATE LIBRARY, page 0413, paragraph 35.1, by striking the last sentence of the paragraph which begins on line 04 and inserting:

/No county must be allocated less than the amount received in the previous year./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J.C. JOHNSON explained the amendment.

Rep. ELLIOTT spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.

Rep. J. C. JOHNSON spoke in favor of the amendment.

Rep. SHARPE moved to table the amendment.

Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:

Yeas 58; Nays 44

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barber                 Beasley                Bennett
Brown, H.              Burch                  Cato
Clyborne               Corbett                Cork
Elliott, D.            Fair                   Foster
Fulmer                 Gonzales               Hallman
Harris, J.             Haskins                Hayes
Hendricks              Holt                   Jaskwhich
Keyserling             Kirsh                  Koon
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McCain                 McCraw                 McElveen
McKay                  Meacham                Nettles
Rama                   Rhoad                  Ross
Sharpe                 Sheheen                Smith
Snow                   Sturkie                Vaughn
Whipper                Wilkins                Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--58

Those who voted in the negative are:

Alexander, M.O.        Baxley                 Beatty
Boan                   Brown, G.              Brown, J.
Bruce                  Carnell                Chamblee
Cole                   Cooper                 Corning
Cromer                 Elliott, L.            Farr
Gentry                 Glover                 Harris, P.
Harwell                Hodges                 Huff
Johnson, J.C.          Johnson, J.W.          Keesley
Kempe                  Kinon                  Manly
McAbee                 McGinnis               McTeer
Neilson                Phillips               Quinn
Rogers                 Rudnick                Scott
Shirley                Short                  Townsend
Tucker                 Waldrop                Wells
White                  Wilkes

Total--44

So, the amendment was tabled.

Section 35 was adopted.

SECTION 35.1

Section 35.1 was adopted.

SECTION 35.2

Section 35.2 was adopted.

SECTION 38A--PROVISOS-AMENDED

Debate was resumed on Section 38A Provisos.

Rep. KEESLEY proposed the following Amendment No. 172 (Doc Name L:\h-wm\legis\amend\WM3650.148), which was adopted.

Amend the bill, as and if amended, Part I, Section 38A, State Health & Humans Services Finance Comm., Page 0429, Line 27, left column, by adding an appropriately numbered proviso at the end to read:

/38A.__ Funds appropriated herein for hospital administrative days and swing beds shall not be reduced in the event the agency cuts programs and the services they provide./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KEESLEY explained the amendment.
The amendment was then adopted.

SECTION 39.27--ADOPTED

Debate was resumed on Section 39.27.
Section 39.27 was adopted.

SECTION 43--AMENDED AND ADOPTED

Debate was resumed on Section 43.

AMENDMENT NO. 67--TABLED

Debate was resumed on Amendment No. 67, which was proposed
on Monday, March 11, by Rep. BURCH.

Rep. BURCH moved table the amendment, which was agreed to.

Rep. HOLT proposed the following Amendment No. 89 (Doc Name L:\h-wm\legis\amend\100), which was adopted.

Amend the bill, as and if amended, Part 1, Section 43, Department of Social Services, Page 0472, Line 33, Opposite /Contractual Services/ by inserting in column (7) /5,600,838/ and in column (8) /1,111,355/

Amend Further, Page 0476, by adding on a new line immediately after line 20:

(7) (8)
/Carolina Youth Development 97,779 97,779/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HOLT explained the amendment.

The amendment was then adopted.

Section 43 as amended was adopted

SECTION 43.1

Section 43.1 was adopted.

SECTION 43.2

Section 43.2 was adopted.

SECTION 43.3

Section 43.3 was adopted.

SECTION 43.4

Section 43.4 was adopted.

SECTION 43.5

Section 43.5 was adopted.

SECTION 43.6

Section 43.6 was adopted.

SECTION 43.7

Section 43.7 was adopted.

SECTION 43.8

Section 43.8 was adopted.

SECTION 43.9

Section 43.9 was adopted.

SECTION 43.10

Section 43.10 was adopted.

SECTION 43.11

Section 43.11 was adopted.

SECTION 43.12

Section 43.12 was adopted.

SECTION 43.13

Section 43.13 was adopted.

SECTION 43.14

Section 43.14 was adopted.

SECTION 43.15

Section 43.15 was adopted.

SECTION 43.16

Section 43.16 was adopted.

SECTION 43.17

Section 43.17 was adopted.

SECTION 43.18

Section 43.18 was adopted.

SECTION 43.19

Section 43.19 was adopted.

SECTION 43.20

Section 43.20 was adopted.

SECTION 43.21

Section 43.21 was adopted.

SECTION 43.22

Section 43.22 was adopted.

SECTION 46--AMENDED AND ADOPTED

Debate was resumed on Section 46.

Reps. CARNELL, P. HARRIS, MATTOS and J. WHITE proposed the following Amendment No. 68 (Doc Name L:\h-wm\legis\amend\WM3650.85), which was adopted.

Amend the bill, as and if amended, Part I, Section 46, Blind Commission, Page 496, Line 29, opposite /Program Supervisor/ by inserting the following:

(7) (8)
/ 103,984 21,837
(4.00) (.84)/

Amend further, Line 31, opposite /Counselor II/ by inserting the following:

(7) (8)
/ 48,000 10,094
(2.00) (.42)/

Amend further, Line 33, opposite /Assistant II/ by inserting the following:

(7) (8)
/ 52,714 11,070
(5.00) (1.05)/

Amend further, Line 35, opposite /Instructor/ by inserting the following:

(7) (8)
/ 61,635 12,943
(3.00) (.63)/

Amend further, Line 37, opposite /Rep./ by inserting the following:

(7) (8)
/ 21,364 4,486
(1.00) (.21)/

Amend further, Line 39, opposite /Instructor/ by inserting the following:

(7) (8)
/ 20,545 4,314

(1.00) (.21)/

Amend further, Line 15, Page 0497, opposite /Payments/ by inserting in column (7) /1,213,565/ and in column (8) /274,704/

Renumber sections to conform.

Amend totals and title to conform.

Rep WHITE explained the Amendment.

The amendment was then adopted

Section 46 as amended was adopted.

SECTION 46.1

Section 46.1 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BEASLEY a leave of absence for the remainder of the day.

SECTION 52.1--ADOPTED

Debate was resumed on Section 52.1.

Section 52.1 was adopted.

SECTION 63--ADOPTED

Debate was resumed on Section 63.

Section 63 was adopted.

SECTION 63.1

Section 63.1 was adopted.

SECTION 63.2

Section 63.2 was adopted.

SECTION 63.3

Section 63.3 was adopted.

SECTION 63.4

Section 63.4 was adopted.

SECTION 63.5

Section 63.5 was adopted.

SECTION 63.6

Section 63.6 was adopted.

SECTION 63.7

Section 63.7 was adopted.

SECTION 63.8

Section 63.8 was adopted.

SECTION 63.9

Section 63.9 was adopted.

SECTION 63.11

Section 63.11 was adopted.

SECTION 67--ADOPTED

Debate was resumed on Section 67.

Section 67 was adopted.

SECTION 67.1

Section 67.1 was adopted.

SECTION 67.2

Section 67.2 was adopted.

SECTION 109--ADOPTED

Debate was resumed on Section 109.

Section 109 was adopted.

SECTION 113--ADOPTED

Debate was resumed on Section 113.

Section 113 was adopted.

SECTION 119--ADOPTED

Debate was resumed on Section 119.

Section 119 was adopted.

SECTION 119.1

Section 119.1 was adopted.

SECTION 119.2

Section 119.2 was adopted.

SECTION 119.3

Section 119.3 was adopted.

SECTION 119.4

Section 119.4 was adopted.

SECTION 119.5

Section 119.5 was adopted.

SECTION 119.6

Section 119.6 was adopted.

SECTION 119.7

Section 119.7 was adopted.

SECTION 122--AMENDED AND ADOPTED

Debate was resumed on Section 122.

Reps. BOAN and McABEE proposed the following Amendment No. 215 (Doc Name L:\h-wm\legis\amend\WM3650.141), which was adopted.

Amend the bill, as and if amended, Part I, Section 122, Aid to Subdivisions, Page 0694, Lines 04-25 by inserting in column (7) /0/ and in column (8) /0/

Amend further, Page 0697, Line 16, Proviso 122.10, by deleting the proviso in its entirety.

Amend further, Page 0697, Line 30, Proviso 122.13, by deleting the proviso in its entirety.

Amend further, Page 0697, Line 35, Proviso 122.14, by deleting the proviso in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Section 122, as amended, was adopted.

SECTION 122.1

Section 122.1 was adopted.

SECTION 122.2

Section 122.2 was adopted.

SECTION 122.3

Section 122.3 was adopted.

SECTION 122.4

Section 122.4 was adopted.

SECTION 122.5

Section 122.5 was adopted.

SECTION 122.6

Section 122.6 was adopted.

SECTION 122.7

Section 122.7 was adopted.

SECTION 122.8

Section 122.8 was adopted.

SECTION 122.9

Section 122.9 was adopted.

SECTION 129.10--ADOPTED

Debate was resumed on Section 129.10.

Section 129.10 was adopted.

SECTION 122.11

Section 122.11 was adopted.

SECTION 122.12

Section 122.12 was adopted.

SECTION 122.15

Section 122.15 was adopted.

AMENDMENT NO. 64--TABLED

Debate was resumed on Amendment No. 64, which was proposed on Tuesday, March 12, By Reps. P. HARRIS and CARNELL.

Rep. P. HARRIS moved to table the amendment, which was agreed to.

AMENDMENT NO. 54--TABLED

Debate was resumed on Amendment No. 54, which was proposed on Tuesday, March 12, By Rep. T.C. ALEXANDER.

Rep. T.C. ALEXANDER moved to table the amendment, which was agreed to.

Reps. WAITES, RUDNICK and CROMER proposed the following Amendment No. 129 (Doc Name L:\h-wm\legis\amend\36), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 129, General and Temporary, Page 739, by adding an appropriately numbered proviso at the end to read:

/ 129.__ Notwithstanding the provisions of Section 1-1-1210 of the Code, the annual salaries of the statewide constitutional officers shall not be increased by two percent on July 1, 1991./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 129 was out of order as it was in violation of Article IV, Section 16 of the Constitution.

The SPEAKER stated that the compensation of the Governor or Lt. Governor may neither be increased or diminished during the term for which they are elected. He further stated that the House had passed an Act in the last term of the Governor which set what the compensation would be in this term and it had the automatic increases in that Act, therefore, the House could not alter the Act and change the compensation in this term what was set in the last term and he sustained the Point of Order and ruled the Amendment out of order.

Rep. MANLY proposed the following Amendment No. 169 (Doc Name L:\council\legis\bills\part2\9269.JM), which was tabled.

Amend the bill, as and if amended, Part I, Section 129, p. 739, by adding an appropriately numbered proviso after line 30, right-hand column, to read:

/129.___.     The state-supported institutions of higher learning enumerated in Section 59-107-10 of the 1976 Code, including their branches and extensions, must accept applicants into their undergraduate-level and graduate-level curricula and degree programs as part-time, full-time, regular, special, and evening students regardless of race, color, religion, sex, or national origin, and no person may be refused admission into, or be excluded as a part-time, full-time, regular, special, or evening student from, any undergraduate-level or graduate-level curriculum or degree program offered by those institutions, including their branches and extensions, on account of race, color, religion, sex, or national origin, and no institution described in Section 59-107-10 of the 1976 Code, including any branch or extension of such an institution, may receive or expend any state tax revenues for any purpose, regardless of the source or sources from which such tax revenues are collected and regardless of the manner in which those funds are paid over to or accredited to the account of the institution, until the institution is in full compliance with these requirements./

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. McTEER raised the Point of Order that Amendment No. 169 was out of order as it was not germane in compliance with Rule 5.3. He further stated that the substantial effect of the Amendment was to affect a policy statement which had been in effect for some 148 years. He further stated that such a proviso could not be added in the Appropriations Bill and that the main thrust of the Amendment was not germane within the strict guidelines of Rule 5.3. He further stated that the last line in Rule 5.3 had been added by the House so that this type of Amendment could not be germane.

The SPEAKER stated Rule 5.3 had a much more loose interpretation on inclusion in Part I of the Appropriations Bill than it did in Part II and that this Amendment met the requirements under Rule 5.3 and he overruled the Point of Order.

Rep. MANLY explained the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 169 was out of order as it attempted to change the charter of The Citadel and that the legislature, under Article III, Section 34 of the Constitution, cannot change the charter thereof.

The SPEAKER stated that he had read that section and he overruled the Point of Order.

Rep. MCTEER moved to table the amendment, and demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 29

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Baxley                 Bennett                Boan
Brown, G.              Brown, H.              Bruce
Burch                  Carnell                Cato
Chamblee               Cole                   Cooper
Corbett                Corning                Elliott, D.
Elliott, L.            Farr                   Fulmer
Gentry                 Gonzales               Hallman
Harris, J.             Harris, P.             Hayes
Hendricks              Hodges                 Holt
Kinon                  Kirsh                  Klapman
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             Martin, M.
McAbee                 McCain                 McCraw
McElveen               McKay                  McLeod
McTeer                 Nettles                Phillips
Quinn                  Rama                   Rhoad
Ross                   Rudnick                Sharpe
Sheheen                Shirley                Short
Smith                  Snow                   Sturkie
Townsend               Tucker                 Waldrop
Wilkes                 Wofford                Wright
Young, A.              Young, R.

Total--68

Those who voted in the negative are:

Bailey, J.             Bailey, K.             Barber
Beatty                 Brown, J.              Clyborne
Cork                   Cromer                 Foster
Glover                 Haskins                Huff
Johnson, J.W.          Keesley                Kempe
Keyserling             Manly                  Martin, D.
McGinnis               Meacham                Neilson
Rogers                 Scott                  Vaughn
Wells                  Whipper                White
Wilkins                Williams, J.

Total--29

So, the amendment was tabled.

RECORD FOR JOURNAL

Citadel Vote
I was called out of the building at the time of this vote to meet with a constituent. I would have opposed this amendment if I had voted on it because the budget is not the proper forum to address this issue.
Rep. Alex Harvin, III

STATEMENT FOR JOURNAL

Amendment 169, page 75 of March 14,, 1991 House Journal.

I support the Manley amendment which would ensure that no state tax expeditures be made on any programs which discriminate against any of our citizens, specifically the Citadel.

Rep. Candy Waites

3/19/91

On motion of Rep. Whipper, Rep. Manly's remarks were ordered printed in the Journal as follows:

Rep. Manly made the following remarks:

"This amendment simply incorporates into the permanent provisions of the Appropriations Bill, a control over the expenditure of tax revenue as provided in that bill. It does so for the purpose of ensuring that those expenditures not be made on any programs which discriminate against any of our citizens. That seems straightforward enough. This seems reasonable enough in view of the fact that the tax protected civil rights issues were largely settled in the rest of the United States 40 years ago. As you know, this issue was first raised in a bill considered by the Education and Public Works Committee. Numbers of individuals and representatives of interested groups spoke before the committee on behalf of the bill. I mentioned those only to let you know of the widespread support that was demonstrated. The only institution opposed to this bill was the Citadel. I sent copies of the bill and letters to the presidents of all the state supported colleges and universities, and received no other adverse replies. The vote to table that bill was very close in the committee with the Chairman voting to break the tie resulting in 6 yeas and 5 nays to table. With such a close opinion, it seemed desirable to give the entire body an opportunity to decide this issue. Now, I have not been scurrying around, dealing for votes, and checking your names off a list nor have the supporters of this bill been calling to intimidate you with threats nor did the supporters have a crystal ball to somehow magically appear here on the very day this issue would come up. They are back home at work today, trusting this body to protect the rights of all of us. In discussing this civil rights guarantee with you over the last month or two, there have been several patterns of your responses. By far the greatest number of you have agreed with the rational premise that tax money should not be used to support discrimination, but then an interesting branching occurred. The quick response 'of course I'll support that' would seem the logical next step after agreement with the premise, but I have been saddened by the few who have said 'but I am afraid that I cannot vote with you'. And then I've heard some really troubling admissions; 'I work with a Citadel graduate', or 'I have to go back to alumni meetings', or 'the Citadel people in my family would never forgive me', or, lately 'I'm getting a lot of pressure from one or two or half dozen people back home'. You know, there's not one of us who didn't promise to represent all of the folks back home, and let me remind you that that's roughly 25,000 people, half of whom are women. Then there have been a few who have become either hostile or emotional, and, of course, there can then be no rational dialogue. I hope we can avoid the emotions today in order for us to arrive at a reasoned decision. It is the rational consideration I would like to focus on. First, the issue is clearly this, 'shall tax money be used to discriminate to any degree against the citizens of this state?' More specifically, 'shall half the taxpayers of this state be required to support any institution which summarily excludes them as a class from the benefit of its program?' The answer clearly by reason, by law and by judicial decision is 'no'. Then the plea comes for exception - exception on the grounds of costs or inconvenience. This has patently been ballooned beyond any stretch of reason. Perhaps ten years ago when this was decided by the Supreme Court, and there were no co-ed dormitories in the State, it may have been valid. I happened to be teaching in Greenville County when our school district was ordered for racial integration over a weekend in the middle of a semester. No plea of cost or inconvenience. We did it because the civil rights of our people demanded it. I would submit that the partition of a bathroom could easily be fitted into the $38 million bond issue in this year's bond bill for barracks renovation. And if you think that you can avoid that cost by voting against this amendment, I invite you to think again. When the court takes over the admissions policy, there will be no consideration of cost. And if by chance it doesn't, then we will see how costly it can be to defend a policy of civil rights violation. Exception on the grounds of 'uniqueness'. In the opinion of Professor Laurence Tribe of Harvard University, 'the foremost expert on constitutional law among the American legal professorate', 'it is untenable to argue that because of 'unique history' a school is an island of immunity from the civil rights laws. That, however, has become a mute question since the military is no longer 'uniquely' male. Exception of the grounds of Title IX of the education amendments of 1972 exemption in Mississippi University for Women vs Hogan, decided by the Supreme Court in 1982, Justice Sandra Day O'Connor, writing for the majority which still sits by the way, said 'Our decisions also establish that the party seeking to uphold the statute that classifies individuals on the basis of their gender must carry the burden of showing an exceedingly persuasive justification for the classification, the burden is met only by showing at least that the classification serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives.' The irony is that the Title IX exception was included because Congress thought in 1972 that the service academies might need it. Of course, the exception was never invoked by any of the academies, and their inclusion of women in the corp for 15 years robs this exception of any power. And then there are the sentimental pleas of nostalgia. These are pretty sentiments but they simply fail to reckon with reality. Justice O'Connor continues in the same opinion and said, 'Although the test for determining the validity of a gender based classification is straightforward, it must be applied free of fixed notions concerning the roles and abilities of males and females, and thus, if the statuary objective is to exclude or protect members of one gender because they are presumed to suffer from an inherent handicap or to be inately inferior, the objective itself is illegitimate.' Some of you have told me that you will vote against this amendment because you don't believe women belong in the military. That's an emotionally held opinion, and I won't try to argue with that, but let me ask you if it is fair for you to deny the rights of women for whom the military is, here and now, a viable option because you personally want the roles of men and women to return to those of the past. You have heard and will hear a great deal about tradition. Let's be honest about this appeal. Believe me, if I were part of the Citadel family, I would have been on the phone to you and would be here today pressing you to vote against this amendment. All of us, men and women, help them pay for their son's education, while at the same time insulating them from competition from women students. That's not a bad deal. Now, let me mention one other view that I hear. 'Wait and let the courts decide in Virginia'. Dear friends, must we always have to be forced to do what we know we must? We need look no further than our recent forced action on ethics legislation to recall how embarrassing that course is. Shelley had a poster for me when I got home last week. It simply quoted the words of Dr. Martin Luther King, Jr. 'justice too long delayed is justice denied'. Mr. Speaker, colleagues, the question remains 'shall tax money be used to discriminate to any degree against the citizens of this State?' More specifically, 'shall half the taxpayers of this State be required to support any institution which summarily excludes them as a class from the benefits of its program?' I urge you to delay justice no longer and answer this question now in favor of the course that we know not only to be just, but also inevitable."

Rep. KIRSH proposed the following Amendment No. 195 (Doc Name L:\h-wm\legis\amend\WM3650.164), which was adopted.

Amend the bill, as and if amended, Part 1, Section 129, General and Temporary, Page 0739, by amending Proviso 129.55 to read as follows:

/129.55 All state entities shall print on the last page of all bound publications the following information:

(1) Total Printing Cost

(2) Total Number of Documents Printed

(3) Cost Per Unit

The Lieutenant Governor, the Speaker of the House, and the Commission on Higher Education may exempt from this requirement, documents published by their respective agencies.

Publications of public relations nature, produced by Parks, Recreation and Tourism, and the State Development Board are exempt from this requirement./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. P. HARRIS and CARNELL proposed the following Amendment No. 128 (Doc Name L:\h-wm\legis\amend\WM3650.84), which was adopted.

Amend the bill, as and if amended, Part I, Section 129, General and Temporary, Page 0740, by adding an appropriately numbered proviso at the end to read:

/129.__ Of the indirect cost recoveries budgeted herein for FY91-92, any excess not to exceed $50,000 shall be transferred to Department of Mental Retardation for the Day Program-Renovation and Construction Program. The Comptroller General shall establish an earmarked account from which the Department of Mental Retardation may transfer funds for renovation programs approved by the DMR Commission./

Renumber sections to conform.

Amend totals and title to conform.

Rep. P. HARRIS explained the amendment.

The amendment was then adopted.

SECTION 3A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. Boan to reconsider the vote whereby Section 3A was adopted was taken up and agreed to.

Rep. RUDNICK proposed the following Amendment No. 104 (Doc Name L:\h-wm\legis\amend\WM3650.117), which was adopted.

Amend the bill, as and if amended, Part I, Section 3A - Leg. Dept.-Senate, Page 0002, Line 04, opposite /Senators @ 10,660/ by inserting in column (7) /478,400/ and in column (8) /478,400/

Renumber sections to conform.

Amend totals and title to conform.

Section 3A, as amended, was adopted.

SECTION 3B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 3B was adopted was taken up and agreed to.

Reps. KIRSH, KLAPMAN and H. BROWN proposed the following Amendment No. 113 (Doc Name L:\h-wm\legis\amend\WM3650.122), which was adopted.

Amend the bill, as and if amended, Part 1, Section 3-B, Leg. Dept. - House of Representatives, Page 0011, after line 24, /New Position: Assistant Accounting Clerk (P)/ by inserting in column (7) /(1.5)/ and in column (8) /(1.5)/

Amend Further, Page 0011, Line 31, Opposite /Approved Accts./ by inserting in column (7) /457,035/ and in column (8) /457,035/

Renumber sections to conform.

Amend totals and title to conform.

Section 3B as amended was adopted.

SECTION 3J--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 3J was adopted was taken up and agreed to.

Rep. KIRSH proposed the following Amendment No. 41 (Doc Name L:\h-wm\legis\amend\3650.16), which was adopted.

Amend the bill, as and if amended, Part I, Section 3J, Jt. Legislative Committees, Page 0030, Line 13, opposite /Jt. Legis. Comm.-EIA Select/ by inserting in column (7) /155,000/

Renumber sections to conform.

Amend totals and title to conform.

Section 3J, as amended, was adopted.

SECTION 3.36--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 3.36 was adopted was taken up and agreed to.

Reps. MATTOS, H. BROWN, J. HARRIS, BEASLEY, WHITE, BARBER and TOWNSEND proposed the following Amendment No. 161 (Doc Name L:\council\legis\amend\BR1\1361.AC), which was adopted.

Amend the bill, as and if amended, Part I, Section 3, paragraph 3.36, by inserting immediately after /regular/ on line 22, page 34, in the left column, /,extended,/.

Renumber sections to conform.

Amend totals and title to conform.

Section 3.36, as amended, was adopted.

SECTION 10--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.

Rep. WOFFORD proposed the following Amendment No. 156 (Doc Name L:\h-wm\legis\amend\WM3650.92), which was adopted.

Amend the bill, as and if amended, Part 1, Section 10, Attorney General, Page 0070, Line 05, Opposite /Classified Positions/ by inserting in column (7) /4,027,267/ and in columnm (8) /4,027,267/

Amend Further, Page 0071, Line 11, Opposite /Employer Contributions/ by inserting in column (7) /926,481/ and in column (8) /926,481/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WOFFORD explained the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 16 to 63.

Rep. BOAN spoke against the amendment.

Rep. HAYES spoke in favor of the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. BOAN and J.W. JOHNSON proposed the following Amendment No. 230 (Doc Name L:\h-wm\legis\amend\WM3650.204), which was adopted.

Amend the bill, as and if amended, Part 1, Section 10, Attorney General, Page 070, Line 5, Opposite /Classified Positions/ by inserting in column (7) /3,926,897/ and in column (8) /3,926,897/

Amend Further, Page 071, Line 11, Opposite /Employer Contributions/ by inserting in column (7) /909,401/ and in column (8) /909,401/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J.W. JOHNSON explained the amendment.

The amendment was then adopted.

Rep. J.W. JOHNSON proposed the following Amendment No. 133 (Doc Name L:\h-wm\legis\amend\WM3650.125), which was adopted.

Amend the bill, as and if amended, Part I, Section 10, Attorney General's Office, Page 0072, by adding an appropriately numbered proviso at the end to read:

/10.__ Notwithstanding the provisions of Section 1-7-80, the requirement that the Attorney General provide blank indictment forms for Solicitors shall transfer to and be funded from the appropriation of the Commission on Prosecution Coordination./

Renumber sections to conform.

Amend totals and title to conform.

Section 10, as amended, was adopted.

SECTION 10A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 10A was adopted was taken up and agreed to.

Reps. WOFFORD and HAYES proposed the following Amendment No. 209 (Doc Name L:\council\legis\amend\N05\7359.BD), which was adopted.

Amend the bill, as and if amended, Part I, Section 10A, Prosecution Coordination Commission, opposite /Judicial Circuits State Support/, page 73, line 38, by inserting /3,280,055/ in columns (7) and (8).

Amend further, Section 10A, page 74, line 26, by striking /$1.0715/ and inserting /$1.1051/.

Amend totals and title to conform.

Section 10A, as amended, was adopted.

SECTION 10A.3--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 10A.3 was adopted was taken up and agreed to.

Rep. BOAN proposed the following Amendment No. 239 (Doc Name L:\h-wm\legis\amend\WM3650.215), which was adopted.

Amend the bill, as and if amended, Part I, Sect. 10 A, Prosec. Coord. Comm., Page 0074, Line 24, Left Column, Proviso 10A.3, by striking the proviso in its entirety, and inserting,
/ The amount appropriated in this section for Judicial Circuits (16) State Support shall be apportioned among the circuits on a per captia basis and based upon the official census of 1990. Payment shall be made as soon after the beginning of the first and third quarter as practical./

Renumber sections to conform.

Amend totals and title to conform.

Section 10A.3, as amended, was adopted.

SECTION 14Q--MOTION TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 14Q was adopted was taken up.
Rep. BOAN moved to table the motion.

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 26

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Bruce                  Carnell                Cato
Corbett                Cork                   Elliott, D.
Elliott, L.            Fulmer                 Gonzales
Hallman                Harris, P.             Haskins
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Kempe                  Kinon
Klapman                Koon                   Lanford
Littlejohn             Marchbanks             Martin, L.
Martin, M.             Mattos                 McAbee
McCain                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Ross                   Sharpe                 Sheheen
Smith                  Sturkie                Waldrop
Wells                  Wilkins                Williams, J.
Wofford                Wright                 Young, A.

Total--63

Those who voted in the negative are:

Bailey, K.             Brown, J.              Burch
Chamblee               Cole                   Cooper
Foster                 Gentry                 Glover
Harris, J.             Harwell                Hayes
Keesley                Kirsh                  Martin, D.
McCraw                 Meacham                Rogers
Rudnick                Scott                  Snow
Townsend               Tucker                 Whipper
White                  Wilkes

Total--26

So, the motion to reconsider was tabled.

SECTION 38A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 38A was adopted was taken up and agreed to.

Reps. CARNELL and MATTOS proposed the following Amendment No. 213 (Doc Name L:\h-wm\legis\amend\WM3650.172), which was adopted.

Amend the bill, as and if amended, Part 1, Section 38-A, State Health and Human Services Finance Commission, Page 0426, Line 08, Opposite /Hospital Services/ by inserting in column (7) /200,240,671/ and in column (8) /36,277,743/

Amend Further, Page 0426, Line 10, Opposite /Pharmaceutical Services/ by inserting in column (7) /69,975,844/ and in column (8) /14,213,076/

Amend Further, /Page 0426, Line 11, Opposite /Physician Services/ by inserting in column (7) /75,294,207/ and in column (8) 15,453,056/

Renumber sections to conform.

Amend totals and title to conform.

Reps. MATTOS and CARNELL proposed the following Amendment No. 235 (Doc Name L:\h-wm\legis\amend\WM3650.212), which was adopted.

Amend the bill, as and if amended, Part 1, Section 38-A, State Health and Human Services Finance Commission, Page 0426, Line 09, Opposite /Nursing Home services/ by inserting in column (7) /201,320,902/ and in column (8) /41,267,293/

Amend Further, Page 0426, Line 10, Opposite /Pharmaceutical Services/ by inserting in column (7) /75,200,145/ and in column (8) /15,642,445/

Renumber sections to conform.

Amend totals and title to conform.

Section 38A, as amended, was adopted.

SECTION 39--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 39 was adopted was taken up and agreed to.

Rep. MATTOS proposed the following Amendment No. 236 (Doc Name L:\h-wm\legis\amend\WM3650.210), which was adopted.

Amend the bill, as and if amended, Part 1, Section 39, Department of Health and Environmental Control, Page 0435, Line 34, Opposite /Materials/ by inserting in column (7) /5,750,914/ and in column (8) /4,643,507/

Renumber sections to conform.

Amend totals and title to conform.

Rep. MATTOS proposed the following Amendment No. 222 (Doc Name L:\h-wm\legis\amend\WM3650.197), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, Dept. of Health & Environmental Control, Page 0445, Line 14, opposite /Hazardous Waste Contingency Fund/ by inserting in column (7) /250,000/ and in column (8) /250,000/

Renumber sections to conform.

Amend totals and title to conform.

Section 39, as amended, was adopted.

SECTION 40--MOTION TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 40 was adopted was taken up.

Rep. MATTOS moved to table the motion, which was agreed to.

SECTION 44--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 44 was adopted was taken up and agreed to.

Rep. McABEE proposed the following Amendment No. 237 (Doc Name L:\h-wm\legis\amend\WM3650.213), which was adopted.

Amend the bill, as and if amended, Part 1, Section 44, John De La Howe School, Page 0490, Line 21, Opposite /Classified Positions/ by inserting in (7) /435,985/ and in column (8) /390,662/

Renumber sections to conform.

Amend totals and title to conform.

Section 44, as amended, was adopted.

SECTION 47--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 47 was adopted was taken up and agreed to.

Rep. D. ELLIOTT proposed the following Amendment No. 72 (Doc Name L:\h-wm\legis\amend\WM3650.74), which was adopted.

Amend the bill, as and if amended, Part I, Section 47, Commission on Aging, Page 0500, by adding a new line after line 29 to read:

(7)
/Senior Citizen Perm. Improvement Fund 948,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH proposed the following Amendment No. 242 (Doc Name L:\h-wm\legis\amend\WM3650.188), which was adopted.

Amend the bill, as and if amended, Part I, Section 47, Commission on Aging, Page 0501, By Adding An Appropriately Numbered Proviso To Read:

/ 47.__ Any funds provided herein for capital improvements of aging facilities must be reviewed and approved by the Joint Bond Review Committee and the Budget and Control Board./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 47, as amended, was adopted.

SECTION 64--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 64 was adopted was taken up and agreed to.

Rep. McABEE proposed the following Amendment No. 111 (Doc Name L:\h-wm\legis\amend\WM3650.114), which was adopted.

Amend the bill, as and if amended, Part 1, Section 64, Coastal Council, Page 0578, Line 11, by adding an appropriately numbered Proviso at the end to read /64.___ The South Carolina Coastal Council is authorized to retain and expend revenue derived from forfeiture of performance bonds to cover the cost of restoring damaged critical areas. Any unexpended balance on June 30, of the prior fiscal year would be carried forward into the next fiscal year and expended for the same purposes.\

Renumber sections to conform.

Amend totals and title to conform.

Section 64, as amended, was adopted.

SECTION 124--MOTION TO RECONSIDER REJECTED

The motion of Rep. BOAN to reconsider the vote whereby Section 124 was adopted was taken up and rejected.

SECTION 127--ADOPTED

Debate was resumed on Section 127.

Section 127 was adopted.

SECTION 128--ADOPTED

Debate was resumed on Section 128.

Section 128 was adopted.

SECTION 10--RECONSIDERED, AMENDED AND ADOPTED

Rep. J.W. JOHNSON moved to reconsider the vote whereby Section 10 was adopted, which was agreed to.

Reps. J.W. JOHNSON and WOFFORD proposed the following Amendment No. 243 (Doc Name L:\h-wm\legis\amend\WM3650.217), which was adopted.

Amend the bill, as and if amended, Part I, Section 10, Attorney General, Page 0070, Line 05, opposite /Classified Positions/ by inserting in column (7) /4,016,897/ and in column (8) /4,016,897/

Amend further, Page 0071, Line 11, opposite /Employer Contributions/ by inserting in column (7) /924,401/ and in column (8) /924,401/

Renumber sections to conform.

Amend totals and title to conform.

Section 10, as amended, was adopted.

SECTION 14--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 14 was adopted was taken up.

Rep. BOAN moved to table the motion.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 37; Nays 56

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Baker
Barber                 Baxley                 Bennett
Boan                   Brown, H.              Cato
Clyborne               Elliott, L.            Gentry
Harris, P.             Haskins                Holt
Johnson, J.W.          Keesley                Kempe
Keyserling             Klapman                Martin, L.
McCain                 McTeer                 Nettles
Quinn                  Rama                   Rhoad
Ross                   Sheheen                Tucker
Vaughn                 White                  Williams, J.
Wofford                Wright                 Young, A.
Young, R.

Total--37

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Brown, G.              Bruce
Carnell                Chamblee               Cole
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Farr
Foster                 Fulmer                 Glover
Gonzales               Hallman                Harris, J.
Harvin                 Harwell                Hayes
Huff                   Kinon                  Kirsh
Koon                   Lanford                Littlejohn
Marchbanks             Martin, D.             Martin, M.
Mattos                 McAbee                 McCraw
McGinnis               McKay                  McLeod
Meacham                Neilson                Phillips
Rogers                 Rudnick                Scott
Sharpe                 Shirley                Smith
Snow                   Stoddard               Sturkie
Townsend               Waldrop                Wells
Whipper                Wilkes

Total--56

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. RUDNICK proposed the following Amendment No. 241 (Doc Name L:\h-wm\legis\amend\WM3650.216), which was adopted.

Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, Page 0150, Right Column, By adding an appropriately numbered proviso to read: / The Board shall not charge more than $10 per month for parking in the garages located in the Capitol Complex./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. WILLIAMS moved to table the amendment.

Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:

Yeas 38; Nays 53

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Barber
Baxley                 Beatty                 Bennett
Boan                   Brown, H.              Cato
Clyborne               Elliott, L.            Harris, J.
Harris, P.             Haskins                Holt
Huff                   Johnson, J.W.          Keesley
Kempe                  Keyserling             Klapman
McCain                 McTeer                 Meacham
Nettles                Quinn                  Rhoad
Ross                   Sharpe                 Sheheen
Smith                  Tucker                 Vaughn
Williams, J.           Wofford                Wright
Young, A.              Young, R.

Total--38

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Brown, G.              Bruce
Carnell                Chamblee               Cole
Corbett                Cork                   Corning
Cromer                 Elliott, D.            Farr
Foster                 Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harvin                 Harwell                Hayes
Kinon                  Kirsh                  Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McGinnis               McLeod                 Neilson
Phillips               Rama                   Rogers
Rudnick                Scott                  Shirley
Snow                   Stoddard               Sturkie
Townsend               Waldrop                Wells
Whipper                Wilkes

Total--53

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

Rep.VAUGHN demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 62 to 24.

Section 14, as amended, was adopted.

SECTION 35--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 35 was adopted was taken up and agreed to.

Reps. BOAN and KEYSERLING proposed the following Amendment No. 244 (Doc Name L:\h-wm\legis\amend\WM3650.211), which was adopted.

Amend the bill, as and if amended, Part I, Section 35, S.C. State Library, Page 412, Line 10, opposite /Aid to County Libraries/ by inserting in column (7) /3,546,181/ and in column (8) /3,546,181/

Renumber sections to conform.

Amend totals and title to conform.

Section 35, as amended, was adopted.

Statement By Rep. BOAN

Rep. BOAN gave notice of intention to offer amendments on third reading, if necessary.

PART II

Reps. D. ELLIOTT, P. HARRIS and RHOAD proposed the following Amendment No.40 (Doc Name L:\council\legis\amend\436\11349.DW), which was adopted.

Amend the bill, as and if amended, in PART II, by adding an appropriately numbered section to read:

/SECTION

TO TEMPORARILY INCREASE THE BINGO LICENSE TAX AND AUTHORIZE THE ADDITIONAL REVENUES TO BE DEPOSITED IN A FUND TO BE CALLED "COMMISSION ON AGING SENIOR CITIZEN CENTERS PERMANENT IMPROVEMENT FUND" AND TO PROVIDE THE PROCEDURES ON HOW THE MONEY MAY BE EXPENDED, REQUIRE THAT PROJECTS MUST BE ESTABLISHED IN ORDER OF PRIORITY AS IDENTIFIED IN THE COMMISSION ON AGING'S 1990 OVERALL PERMANENT IMPROVEMENT PLAN SUBMISSION, PROVIDE A PROCEDURE FOR CHANGING THE PRIORITY, REQUIRE THAT THE COMMISSION IS SUBJECT TO ALL PROVISIONS OF CHAPTER 47 OF TITLE 2, OF THE 1976 CODE, RELATING TO THE PROCEDURE ESTABLISHED FOR REQUESTING PERMANENT IMPROVEMENT PROJECTS, AND PROVIDE FOR THE REPEAL OF THE TAX WHEN THE FUND REACHES EIGHT MILLION, EIGHT HUNDRED THOUSAND DOLLARS.

(A)     In addition to the bingo taxes levied under the provisions of Section 12-21-3440(B) of the 1976 Code, and beginning July 1, 1991, an additional one dollar is levied for each bingo player a session for sessions conducted by holders of a Class AA license and an additional fifty cents is levied for each bingo player a session for sessions conducted by holders of a Class B license. Nine hundred forty-eight thousand dollars of the revenues generated by the imposition of these additional taxes levied under the provisions of this section and collected by the Tax Commission must be deposited in an account in the office of the State Treasurer and called "Commission on Aging Senior Citizen Centers Permanent Improvement Fund" (Fund). All interest earned on monies in the Fund must be credited to the Fund. The remaining revenues, if any, generated by the imposition of these additional taxes must be deposited by the State Treasurer into the Parks and Recreation Development Fund of the Department of Parks, Recreation and Tourism.

(B)     (1)     Monies credited to the Commission on Aging Fund may be used only for funding authorized in this section for the projects identified in the Senior Citizens Center Survey published by the Commission on Aging in October, 1989, and updated August, 1990. Projects must be established in the order of priority as identified in the Commission on Aging's 1990 Overall Permanent Improvement Plan Submission. The order of priority can be changed by the Budget and Control Board at the request of the Commission on Aging.

(2)     Monies in the Fund may be used only to finance not more than seventy percent of the cost of a project. The remaining thirty percent of the cost of the project must be paid from matching funds provided by local project sponsors. Matching funds include, but are not limited to, land value, donations-in-kind, and any other source of funds. At the time a project is requested, all matching funds and at least ten percent of the Fund monies must be available. Once the project is established, monies from the Fund for project completion must be made available.

(3)     The Commission on Aging is subject to all procedures provided in Chapter 47 of Title 2 of the 1976 Code relating to the procedure established for requesting permanent improvement projects.

(C)     On the first day of the second month after the Fund reaches eight million, eight hundred thousand dollars, the tax imposed by the provisions of this section is repealed./

Renumber sections to conform.

Amend title to conform.

Record For Voting

I support the amendment to the appropriations bill to increase the bingo tax at Class AA and Class B organizations for senior centers throughout South Carolina.

Rep. CANDY WAITES

3/14/91

Reps. WOFFORD, HAYES, A. YOUNG, KEMPE, FULMER, HALLMAN, TUCKER, GONZALES, WELLS, R. YOUNG, FARR and HARVIN proposed the following Amendment No. 210 (Doc Name L:\council\legis\amend\N05\7358.BD), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION ___

TO PROVIDE FOR A FEE ON A PERSON WHO IS CONVICTED OF, PLEADS GUILTY TO, OR PLEADS NOLO CONTENDERE TO AN OFFENSE IN GENERAL SESSIONS COURT AND FOR ITS USE.

A.     In addition to other fees, fines, and court costs, there is imposed a fee of ten dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in general sessions court. This fee must not be waived, reduced, or suspended. The clerk of court shall collect the fee imposed by this section and forward the proceeds to the State Treasurer monthly. Fifty percent of the revenue generated by the imposition of this fee must be used to fund three previously unfunded fulltime equivalent positions (FTE'S) in the Criminal Division, Post Conviction Relief, or Criminal Appeals section of the Attorney General's Office. Fifty percent of the revenue must be used for "Judicial Circuits State Support" under the Prosecution Coordination Commission.

B.     This section takes effect July 1, 1991./

Renumber sections to conform.

Amend title to conform.

Rep. KLAPMAN moved to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

SECTION 18--ADOPTED

Debate was resumed on Section 18.

Section 18 was adopted.

Motion Adopted

Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.

Statement By Rep. BOAN

Rep. BOAN made a statement relative to the General Appropriations Bill, H. 3650.

Statement By Rep. KLAPMAN

Rep. KLAPMAN made a statement relative to Rep. BOAN, Chairman of Ways and Means Committee.

The question then recurred to the passage of the Bill, as amended, on second reading.

Rep. GENTRY demanded the yeas and nays, which were taken resulting as follows:

Yeas 94; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barber
Baxley                 Beasley                Beatty
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burriss
Carnell                Cato                   Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Cromer
Elliott, D.            Elliott, L.            Farr
Foster                 Gentry                 Glover
Gonzales               Hallman                Harris, J.
Harris, P.             Harvin                 Harwell
Haskins                Hayes                  Huff
Johnson, J.C.          Johnson, J.W.          Keesley
Kempe                  Keyserling             Kinon
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Marchbanks
Martin, D.             Martin, L.             Martin, M.
Mattos                 McAbee                 McCain
McCraw                 McElveen               McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Smith
Snow                   Stoddard               Sturkie
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Whipper
White                  Wilkes                 Wilkins
Williams, J.           Wofford                Wright
Young, A.

Total--94

Those who voted in the negative are:

TOTAL--0

So, the Bill, as amended, was read the second time and ordered to third reading.

Rep. BOAN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 8:35 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Col. Jack V. Horton of Columbia, to meet at 10:00 A.M. tomorrow.

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