Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 1370, Mar. 8 | Printed Page 1390, Mar. 8 |

Printed Page 1380 . . . . . Wednesday, March 8, 1995

So, the amendment was tabled.


Printed Page 1381 . . . . . Wednesday, March 8, 1995

RECORD FOR JOURNAL

As an employee of USC, I did not vote on Amendment 48 of Section 17.

Rep. MARGARET J. GAMBLE

Rep. ROBINSON proposed the following Amendment No. 156 (Doc Name L:\h- wm\legis\amend\DC.028), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analysis, Page 408, after Line 3, by inserting a new appropriately numbered paragraph to read: /(BCB: Vacant Positions) In the event that any permanent position in an agency remains vacant for more than one year the position may be deleted by the Budget and Control Board./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. CAVE moved to table the amendment.

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

Yeas 22; Nays 79

Those who voted in the affirmative are:

Anderson         Breeland         Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Herdklotz        Hines
Howard           Inabinett        Lloyd
McAbee           Moody-Lawrence   Neal
Scott            Tucker           Whipper, S.
White

Total--22

Those who voted in the negative are:

Allison          Bailey           Boan
Brown, G.        Brown, H.        Cain
Cato             Chamblee         Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell


Printed Page 1382 . . . . . Wednesday, March 8, 1995

Harris, J.       Harris, P.       Harrison
Huff             Hutson           Jaskwhich
Jennings         Keegan           Keyserling
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Martin           Mason
McMahand         McTeer           Meacham
Neilson          Phillips         Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Walker           Wells
Whatley          Whipper, L.      Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--79

So, the House refused to table the amendment.

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

Rep. McABEE proposed the following Amendment No. 22 (Doc Name L:\h- wm\legis\amend\DC.18), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analyses, Page 408, after Line 3, by adding an appropriately numbered paragraph to read: /(BCB/DBA-OHR-Compensation-Other Chief Executive Officers Increases) Agency chief executive officers not reviewed by the Agency Head Salary Commission shall receive an annual increase of 1 % effective on the first pay date which occurs on or after September 1, of the current fiscal year, unless otherwise provided in this Act./

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.


Printed Page 1383 . . . . . Wednesday, March 8, 1995

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

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

Yeas 69; Nays 32

Those who voted in the affirmative are:

Allison          Bailey           Beatty
Brown, G.        Brown, H.        Cain
Cato             Chamblee         Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Felder
Fulmer           Hallman          Harrell
Harris, J.       Harrison         Herdklotz
Huff             Hutson           Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Klauber          Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Martin           Mason            McElveen
Meacham          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen
Shissias         Smith, D.        Smith, R.
Spearman         Stuart           Thomas
Trotter          Tucker           Vaughn
Walker           Wells            Whatley
Whipper, S.      Wilkins          Witherspoon
Wright           Young, A.        Young, J.

Total--69

Those who voted in the negative are:

Anderson         Boan             Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Elliott          Harris, P.
Hines            Hodges           Howard
Inabinett        Kennedy          Kirsh


Printed Page 1384 . . . . . Wednesday, March 8, 1995

Knotts           Lloyd            McAbee
McCraw           McMahand         McTeer
Neal             Neilson          Rogers
Scott            Simrill          Stoddard
White            Wilder

Total--32

So, the amendment was tabled.

RECORD FOR JOURNAL

As an employee of USC, I did not vote on Amendment 22 of Section 17.

Rep. MARGARET J. GAMBLE

Rep. HARVIN proposed the following Amendment No. 203 (Doc Name L:\council\legis\amend\PFM\7267BDW.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget and Analyses, Page 408, after line 3, by adding an appropriately numbered paragraph to read:

/___ (BCB/DBA-OHR-Compensation-Other Chief Executive Officers Increases) Agency chief executive officers not reviewed by the Agency Head Salary Commission shall receive an annual increase of 2.6% effective on the first pay date which occurs on or after July 1, of the current fiscal year, unless otherwise provided in this act./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN moved to table the amendment, which was agreed to.

Rep. HARVIN proposed the following Amendment No. 205 (Doc Name L:\council\legis\amend\PFM\7266BDW.95), 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:


Printed Page 1385 . . . . . Wednesday, March 8, 1995

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 must be increased by 2.6%. This increase may not increase the minimum of the pay grade.

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 2.6% 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 is not eligible for compensation increases provided in paragraphs A and C.

C. With respect to local health care providers, the funds provided for compensation increases must be based on an annual average 2.6% increase, effective on the first pay period on or after July 1, of the current fiscal year./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN moved to table the amendment, which was agreed to.

Rep. HARVIN proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\PFM\7268BDW.95), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17C, B&CB Budget & Analyses, by adding an appropriately numbered paragraph to read:

/___ (BCB/DBA-OHR-Compensation-Judicial Officers Increases)The Chief Justice and other judicial officers as prescribed by law shall receive an annual increase of 2.6% effective on the first pay date occurring on or after July 1, of the current fiscal year./

Renumber sections & amend totals/title to conform.

Rep. HARVIN explained the amendment.

Rep. H. BROWN moved to table the amendment, which was agreed to.


Printed Page 1386 . . . . . Wednesday, March 8, 1995

RECORD FOR JOURNAL

As an employee of USC, I did not vote on Amendment 204 of Section 17.

Rep. MARGARET J. GAMBLE

Section 17C as amended was adopted.

SECTION 17D--ADOPTED

Debate was resumed on Section 17D.

Reps. TUCKER, D. SMITH, HODGES, ROBINSON, CARNELL and McABEE proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\BBM\9982HTC.95), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17D, State Auditor, page 408, by adding an appropriately numbered paragraph at the end to read:

/___(BCB/AUD: Tax Exemption Study) The State Auditor and the State Chief Economist shall jointly contract for an independent study regarding the sales tax exemptions including those items subject to a maximum tax. This study shall report whether or not these items are meaningful exemptions that provide for a positive economic impact on the State, fair and competitive, but not excessive economic incentives for businesses competing in a global economy. This report may include other issues such as equity between businesses or individuals or other economic concerns as identified by the State Auditor or Chief Economist. Funding for this study may not exceed $100,000 and must be provided for by a transfer from the operating expenses of the State Budget and Control Board for the current fiscal year. The study must be presented to the General Assembly by January 15, 1996./

Renumber sections & amend totals/title to conform.

Rep. TUCKER explained the amendment.

Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 46 to 27.

Section 17D was adopted.

SECTION 17E--ADOPTED

Debate was resumed on Section 17E.

Section 17E was adopted.


Printed Page 1387 . . . . . Wednesday, March 8, 1995

SECTION 17F--ADOPTED

Debate was resumed on Section 17F.

Rep. KIRSH proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\PT\1776DW.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 17F, Page 410, by inserting an appropriately numbered paragraph at the end to read:

/ . (A) Notwithstanding the provisions of Section 12-7-437 of the 1976 Code, the provisions of Section 12-7-437(A)(2) apply for taxable years beginning in 1995 and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1995.

(B) The revenue derived from the reduction of the long-term capital gain deduction as provided in subsection (A) of this section must be used for state employees for base pay increases as provided in Article 11, Chapter 11, Title 8 of the 1976 Code.

(C) The provisions of this paragraph and the $10,820,000 appropriated in Section 17F of this section to fund the state employee base pay increase are not severable. If the $10,820,000 appropriation is deleted, then this paragraph is also considered deleted./

Renumber sections & amend totals/title to conform.

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

Section 17F was adopted.

SECTION 18A--ADOPTED

Debate was resumed on Section 18A.

Rep. HUFF proposed the following Amendment No. 108 (Doc Name l:\h- wm\legis\amend\cj.052), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18a, page 414, line 36 by adding an appropriately numbered paragraph to read /of the $11,000,000 appropriated to the Commission on Higher Education, the funds shall be allocated in accordance with the Commission on Higher Education's adopted methodology/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN moved to table the amendment, which was agreed to.


Printed Page 1388 . . . . . Wednesday, March 8, 1995

POINT OF ORDER

Rep. WRIGHT raised the Point of Order that Paragraph 23, Lines 21-35, of Section 18A on Page 414 of the Bill was out of order as it was not germane.

Rep. SHEHEEN stated that Item 1 of the paragraph dealt with the funding formula and the changes in the method of the funding formula and the other allied subject matters related to the funding formula and the disbursement of funds through the Commission.

The SPEAKER stated that there were certain subparts of the paragraph that may not be germane but that you could not break it up that way. He further stated that the substantial effect of the amendment was dealing with funding for higher education and he overruled the Point of Order.

Section 18A was adopted.

SECTION 18B--ADOPTED

Debate was resumed on Section 18B.

Section 18B was adopted.

SECTION 18K--ADOPTED

Debate was resumed on Section 18K.

Section 18K was adopted.

SECTION 18M--ADOPTED

Debate was resumed on Section 18M.

Rep. JENNINGS proposed the following Amendment No. 234 (Doc Name L:\h- wm\legis\amend\CJ.155), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18m, page 416, line 11, by adding an appropriately numbered paragraph to read / (musc: ahec rural and managed care programs) Of the funds appropriated herein for family practice residency programs, $200,000 of these funds shall be used to encourage family practitioners to provide services to rural county medicaid clients and to encourage ahec "managed care centers" in rural areas, and the state office of rural health shall monitor compliance with this provision and report to the commission on higher education with this proviso by September 1, 1995. Presently funded physicians shall not be afected by this proviso/

Renumber sections & amend totals/title to conform.

Rep. JENNINGS explained the amendment.


Printed Page 1389 . . . . . Wednesday, March 8, 1995

Rep. HALLMAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 40 to 27.

Section 18M was adopted.

SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Section 18N was adopted.

Rep. HARRELL moved that the House recede until 2:00 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Part IB.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

H. 3362--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Part IB.

H. 3362

GENERAL APPROPRIATION BILL

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Rep. WRIGHT proposed the following Amendment No. 251 (Doc Name L:\h- wm\legis\amend\cj.200).

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Page 426, line 10, by adding an appropriately numbered paragraph to read /Of the funds appropriated to the Department of Corrections for the Palmetto Unified School District, $412,833 shall be provided to the Commission on Higher Education to distribute $317,736 to the S.C. Center for Teacher Recruitment at Winthrop University of which at least $200,000 must be used for the Teacher Cadet Program; and


Printed Page 1390 . . . . . Wednesday, March 8, 1995

$95,097 to S.C. State University to be used only for the operation of a minority teacher program and therefore shall not be used for the operation of their established general education programs/


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