Printed Page 1360, Mar. 7
| Printed Page 1380, Mar. 8
|
Printed Page 1360, Mar. 7
| Printed Page 1380, Mar. 8
| Bessie Moody-Lawrence C.D. Chamblee Douglas E. McTeer, Jr. Michael L. Fair June S. Shissias Michael F. Jaskwhich John G. Felder Alma W. Byrd Larry L. Elliott Dave C. Waldrop, Jr. Kenneth Kennedy Richard M. Quinn, Jr. Grady A. Brown Douglas Jennings, Jr. Daniel T. Cooper L. Morgan Martin Olin R. Phillips G. Ralph Davenport, Jr. Joseph T. McElveen, Jr. Eugene C. Stoddard Ralph W. Canty C. Alex Harvin, III J. Michael Baxley Woodrow M. McKay Joseph H. Neal
The SPEAKER granted Rep. BAXLEY a temporary leave of absence to attend a hearing at the S.C. Supreme Court.
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
Announcement was made that Dr. Leo Walker of Columbia is the Doctor of the Day for the General Assembly.
Rep. J. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Part IA.
Debate was resumed on Section 31.
Section 31 was adopted.
Debate was resumed on Section 34.
Reps. SPEARMAN and QUINN proposed the following Amendment No. 101 (Doc Name L:\h-wm\legis\amend\DH.20), which was adopted.
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, page 256, line 28, opposite /Classified Position/ by decreasing the amounts in columns (5) and (6) by /$971,549/
Amend further page 256, line 32, opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$324,133/
Amend further page 257, line 12, opposite /Employer Contributions/ by decreasing the amounts in columns (5) and (6) by /$262,318/
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
Rep. QUINN proposed the following Amendment No. 137 (Doc Name L:\h- wm\legis\amend\DH.27), which was tabled.
Amend the bill, as and if amended, Part IA, Section 34, Department of Public Safety, Page 254, Line 37, Opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$56,426/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KEEGAN explained the section.
Rep. TUCKER moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 47.
Section 47 was adopted.
Debate was resumed on Section 54.
Amend the bill, as and if amended, Part IA, Section 54, PSC, Page 0332, Line 7, Opposite /Classified Positions/ by increasing the amount in column (5) by /$57,399/
Amend further, Page 0332, Line 8, by increasing the amount in column (5) by /3/
Amend further, Page 0332, Line 11, Opposite /Other Operating Expenses/ by increasing the amounts in column (5) by /$23,672/
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Section 54 as amended was adopted.
Debate was resumed on Section 63.
Section 63 was adopted.
Debate was resumed on Section 69.
Section 69 was adopted.
Debate was resumed on Section 1.
Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.
Debate was resumed on Section 8.
Rep. KIRSH proposed the following Amendment No. 53 (Doc Name L:\h- wm\legis\amend\DC.3), which was adopted.
Amend the bill, as and if amended, Part IB, Section 8, Secretary of State,
paragraph 2, page 389, line 36, by striking /$15,000/ and inserting /$150,000/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 53 as amended was adopted.
Debate was resumed on Section 12.
Section 12 was adopted.
Debate was resumed on Section 14.
Reps. KNOTTS and QUINN proposed the following Amendment No. 135 (Doc Name L:\council\legis\amend\PT\1794DW.95), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 14 - COMMISSION ON INDIGENT DEFENSE, by adding an appropriately lettered subsection to Section 16-3-26 of the 1976 Code, which begins on Line 36 of Page 392:
/( ) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the death penalty trial fund in the Office of Indigent Defense. This provision shall not provide to any case in which counsel has been appointed on the effective date of this Act./
Amend the bill further, SECTION 14, Section 17-3-330, Page 394, by adding an appropriately lettered subsection to read:
/( ) Notwithstanding another provision of law, only attorneys who are licensed to practice in this State and residents of this State may be appointed by the court and compensated with funds appropriated to the death penalty trial fund in the Office of Indigent Defense./
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. HODGES spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. TRIPP moved to table the amendment.
Those who voted in the affirmative are:
Anderson Beatty Breeland Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cotty Herdklotz Hines Howard Jaskwhich Keegan Kelley Kennedy Lloyd Mason McMahand McTeer Moody-Lawrence Neal Phillips Rice Robinson Scott Shissias Tripp Waldrop Whipper, L. Whipper, S. White Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Cooper Dantzler Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hodges Hutson Inabinett Jennings Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks McAbee McCraw Meacham Neilson Quinn Richardson Riser Sandifer Seithel Sharpe Sheheen Smith, R. Spearman Stille Stuart Trotter Tucker Vaughn Walker Wells
Whatley Wilkins Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption, which was agreed to.
Reps. HUTSON, R. SMITH, SPEARMAN, HARRELL, TRIPP, EASTERDAY, BAILEY, STUART, TUCKER, CAIN, HARWELL, SHARPE, LAW, FLEMING, CAVE, CHAMBLEE, FULMER, GAMBLE, LIMBAUGH, WILDER, McCRAW, STILLE, SIMRILL, HALLMAN, SEITHEL, WALKER, KOON, WORLEY, DANTZLER, KNOTTS, ALLISON, A. YOUNG, RHOAD, HARRISON, PHILLIPS, MASON, MARCHBANKS, KINON, SANDIFER, THOMAS, LITTLEJOHN and D. SMITH proposed the following Amendment No. 144 (Doc Name L:\council\legis\amend\DKA\3779CM.95), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 14 - COMMISSION ON INDIGENT DEFENSE, page 392, by deleting beginning on line 31 /If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county./
Amend further, Section 16-3-26(C)(2), SECTION 14, page 393, by deleting item (2).
Amend further, Section 16-3-26, SECTION 14, Page 393, by adding an appropriately lettered subsection to read:
/( ) The Judicial Department biennially shall develop and make available to the public a list of standard fees and expenses associated with the defense of an indigent person in a death penalty case./
Amend further, SECTION 14, page 394, line 27, by deleting paragraph 3.
Renumber items, paragraphs, and sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 144 was out of order as it was not germane in that the second paragraph of the amendment referred to the Judicial Department and this Section of the Bill dealt with Indigent Defense.
Rep. HUTSON argued contra the Point.
Rep. LIMBAUGH stated that it was germane to the Section even though it asked the Judicial Department to do something.
The SPEAKER stated that the substantial effect of the amendment was dealing with indigent defense and under the guidelines of Rule 5.3 it was germane and he overruled the Point of Order.
Rep. QUINN spoke against the amendment.
Reps. HUTSON and FLEMING spoke in favor of the amendment.
Rep. QUINN spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Cain Carnell Cotty Delleney Felder Harrison Keyserling Klauber Knotts McElveen Quinn Riser Sharpe Sheheen Shissias Wilder Wilkins Wright
Those who voted in the negative are:
Allison Askins Bailey Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cato Cave Chamblee Clyburn Cobb-Hunter Cromer Dantzler Davenport Easterday Elliott Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P.
Herdklotz Hines Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kennedy Kinon Kirsh Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Sandifer Scott Seithel Simrill Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley White Wilkes Worley
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 14 as amended was adopted.
Debate was resumed on Section 17C.
Rep. STILLE proposed the following Amendment No. 5 (Doc Name L:\h- wm\legis\amend\CJ1.CJ1), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B & C - Budget & Analysis, page 408, after line 3, by inserting a new appropriately numbered paragraph to read: /Upon General Assembly adoption of this general appropriations bill, and prior to creation of the Chart of Accounts, the State Budget Office shall combine appropriations and FTE's for each institution of higher education into two lines, one line for appropriations and one line for FTE's./
Renumber sections & amend totals/title to conform.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 10.
As an employee of USC, I did not vote on Amendment 5 of Section 17.
Rep. MARGARET J. GAMBLE
Rep. KIRSH proposed the following Amendment No. 48 (Doc Name L:\h- wm\legis\amend\DC.4), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, Budget & Control Board-Budget & Analyses, Page 408, after line 3, by adding an appropriately numbered paragraph to read /(BCB/DBA: OHR - Compensation - BPI & Compression) The amounts appropriated to the Budget & Control Board for Employee Pay Increase must be allocated by the Board to various state agencies to provide pay increases for employees in accordance with the following plan:
A. With respect to classified employees:
1. Effective on the first pay date which occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 2.5%. This increase shall not increase the minimum of the pay grade.
2. In addition, effective on the first pay date which occurs on or after July 1 of the current fiscal year, an average 1% one-time base pay increase for compression relief shall be awarded to all classified employees with permanent status in the following percentage amounts:
(a) Employees with less than one year of service in their current job or grade as of July 1, 1995 will receive a 0.5% increase.
(b) Employees with at least one and less than three years of service in their current job or grade as of July 1, 1995 will receive a 1.0% increase.
(c) Employees with at least three and less than five years of service in their current job or grade as of July 1, 1995 will receive a 1.25% increase.
(d) Employees with five or more years of service in their current job or grade as of July 1, 1995 will receive a 1.5% increase.
(e) Such increases shall be limited to the maximum of an employee's
existing salary range.
(g) Employees must also have received at least a "meets" performance rating on their most recent performance evaluation to be eligible for this portion of the pay increase.
B. With respect to unclassified employees or unclassified executive compensation system employees not elsewhere covered in this Act, effective on the first pay date which occurs on or after July 1, of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity. The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average 3.5% increase. All of the salaries are subject to the provisions of Section 72.29 of Part I of this Act and Office of Human Resources approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board. Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs A and C.
C. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 3.5% increase, effective on the first pay period on or after July 1 of the current fiscal year./
Renumber sections & amend totals/tile to conform.
Rep. KIRSH explained the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Felder Fleming Fulmer Hallman Harrell Harris, P. Harrison Herdklotz Huff Hutson Jaskwhich
Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Bailey Boan Breeland Brown, J. Brown, T. Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Govan Harris, J. Harwell Hines Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Simrill Stille Townsend Tucker Whipper, S. White Wilder Wilkes
Printed Page 1360, Mar. 7
| Printed Page 1380, Mar. 8
|