Printed Page 3090, Mar. 8
| Printed Page 3110, Mar. 8
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Printed Page 3090, Mar. 8
| Printed Page 3110, Mar. 8
| /Each public water supply shall pay the department a user fee of not more than fifty cents a month for each service connection based upon the number of service connections in use on July first of the state fiscal year in which the user fee is to be paid./
Renumber sections & amend totals/title to conform.
Rep. SHARPE explained the amendment.
Rep. HASKINS moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, J. Baker Barber Breeland Brown, J. Byrd Cato Davenport Fair Farr Hallman Harrell Haskins Holt Hutson Jaskwhich McMahand Neal Rogers Scott Vaughn Waites Whipper Wilkins
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, G. Baxley Beatty Boan Brown, G. Brown, H. Chamblee Cobb-Hunter Corning Cromer
Delleney Elliott Gamble Govan Graham Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Houck Inabinett Keegan Kelley Kennedy Kinon Kirsh Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Stuart Thomas Trotter Tucker Walker Wells White Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. HASKINS spoke against the amendment.
Rep. WITHERSPOON spoke in favor of the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 45 was out of order in compliance with 11-11-440 of the Code in that it affected over 50 percent of the population.
Rep. BOAN stated that half of the population would not be served by this amendment even if you interpret the fee increase to be a tax increase.
The SPEAKER stated that there was a distinction between a user fee and a tax.
Rep. ROGERS, citing Black's Law Dictionary, Fifth Edition, stated that the term tax was defined as a pecuniary burden laid upon individuals or property to support the government, and is a payment exacted by
The SPEAKER stated that there are approximately a million taps on public water systems in South Carolina and there are 3.1 million people in South Carolina.
Rep. HASKINS stated that everyone who lived in a home where there was a tap was affected by the increase.
The SPEAKER stated that 11-11-440 meant tax increases and new tax increases which would apply to over 50 percent of the population and that meant over 50 percent of the population would have to pay the tax and he overruled the Point of Order.
Rep. STILLE moved to adjourn debate upon the amendment.
Rep. BOAN moved to table the motion.
Rep. J. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baxley Boan Brown, G. Brown, H. Canty Chamblee Cobb-Hunter Corning Delleney Elliott Gamble Govan Harrelson Harris, J. Harris, P. Harwell Hines Houck Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Koon Lanford Law Littlejohn Marchbanks Martin McCraw McKay McTeer Neal Neilson Phillips Quinn Rhoad Richardson Riser Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stone Stuart Thomas
Trotter Tucker Waldrop Walker White Wilder, J. Wilkes Williams Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Breeland Brown, J. Byrd Cato Clyborne Cooper Cromer Fair Farr Gonzales Hallman Harrell Harvin Haskins Hutson Inabinett Jaskwhich Kirsh Mattos McElveen McMahand Meacham Moody-Lawrence Robinson Rogers Rudnick Scott Shissias Simrill Stille Vaughn Waites Wells Whipper Wilder, D. Wilkins Wofford
So, the motion to adjourn debate was tabled.
Reps. VAUGHN, HUTSON and MEACHAM spoke against the amendment.
Rep. VAUGHN moved to adjourn debate upon the amendment.
Rep. BOAN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. MEACHAM moved to table the amendment.
Rep. McTEER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Askins Bailey, G. Baxley Boan Brown, G. Brown, H. Cobb-Hunter Davenport Delleney Elliott Felder Gamble Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Huff Inabinett Jennings Keegan Kelley Keyserling Klauber Koon Lanford Law Littlejohn Marchbanks Martin McAbee McCraw McLeod McTeer Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Smith, R. Snow Spearman Stone Stuart Sturkie Thomas Trotter Tucker Waldrop Walker White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Alexander, M.O. Anderson Bailey, J. Baker Barber Beatty Breeland Brown, J. Byrd Canty Cato Chamblee Cooper Cromer Fair Farr Fulmer Hallman
Harrell Haskins Holt Hutson Jaskwhich Kirsh Mattos McMahand Meacham Moody-Lawrence Rogers Rudnick Scott Shissias Simrill Stille Vaughn Waites Wells Whipper Wilkins Young, A.
So, the amendment was adopted.
Reps. STILLE, CHAMBLEE, COOPER, ROBINSON, ALLISON and WALKER proposed the following Amendment No. 135 (Doc Name L:\h-wm\legis\amend\DC.027), which was tabled. Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 573, by striking in its entirety the paragraph.
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Barber Boan Breeland Brown, G. Canty Cobb-Hunter Corning Delleney Elliott Farr Felder Gamble Gonzales Govan Harrelson Harris, J. Harvin Harwell Hines Hodges Holt Houck Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Koon
McAbee McCraw McElveen McLeod McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Snow Spearman Stoddard Stone Stuart Sturkie Tucker Waites Waldrop Whipper White Wilder, J. Wilkes Williams Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Baker Baxley Beatty Brown, H. Brown, J. Byrd Cato Chamblee Clyborne Cooper Davenport Fair Fulmer Graham Hallman Harris, P. Haskins Huff Hutson Jaskwhich Klauber Lanford Law Littlejohn Marchbanks Mattos McMahand Meacham Robinson Shissias Simrill Smith, D. Smith, R. Stille Thomas Trotter Vaughn Walker Wells Wilder, D. Wilkins Wofford Young, A.
So, the amendment was tabled.
Rep. ROBINSON proposed the following Amendment No. 112 (Doc Name L:\h- wm\legis\amend\DC.019), which was tabled. Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 574, Line 7, by adding /Funds generated from the drinking water fee shall not be used for the purchase of equipment or for
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Rep. SHARPE spoke against the amendment.
Rep. SHARPE moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Corning Cromer Delleney Elliott Felder Fulmer Gamble Govan Graham Harrelson Harris, J. Harris, P. Harwell Hines Houck Inabinett Jennings Keegan Kelley Keyserling Kirsh Koon Martin McAbee McCraw McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Riser Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stoddard Stone Stuart Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Worley
Allison Anderson Baker Barber Cato Chamblee Cooper Davenport Fair Farr Hallman Haskins Hutson Jaskwhich Klauber Lanford Law Littlejohn Marchbanks Meacham Quinn Robinson Simrill Smith, D. Stille Trotter Wells Wilkins
So, the amendment was tabled.
Debate was resumed on Amendment No. 46, by Reps. WITHERSPOON, et al.
Rep. WITHERSPOON moved to table the amendment, which was agreed to.
Rep. McABEE proposed the following Amendment No. 151 (Doc Name L:\h- wm\legis\amend\VC.028). Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 576, by adding an appropriately numbered paragraph to read: /__. DHEC is authorized to permanently waive collection of per day administrative fees for Medicaid nursing home beds./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. McABEE moved to adjourn debate upon the amendment, which was adopted.
Rep. McABEE moved to adjourn debate upon the section, which was adopted.
Rep. G. BAILEY moved that the House recede until 2:00 P.M., which was adopted.
At 2:00 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of Part IB.
Section 31 was adopted.
Section 32 was adopted.
Section 33 was adopted.
Rep. BOAN proposed the following Amendment No. 114 (Doc Name L:\h- wm\legis\amend\DH.009), which was adopted.
Amend the bill, as and if amended, Part IB, Section 34, Department of Public Safety, Page 579, by adding an appropriately numbered paragraph to read: /In consultation with the House Ways and Means Committee and the Senate Finance Committee, the Department of Public Safety is authorized to realign it's fiscal year 1994-95 appropriations into a revised structure to reflect actual program operations./
Renumber sections & amend totals/title to conform.
Printed Page 3090, Mar. 8
| Printed Page 3110, Mar. 8
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