Printed Page 1400, Mar. 8
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Printed Page 1400, Mar. 8
| Printed Page 1420, Mar. 8
| While I voted to table Amendment Number 267, I favor the use of prison labor. I am skeptical of any claim that the Department of Corrections may make that they can not find the resources to implement such a prison work plan which this amendment promoted. The Department of Corrections is funded to the tune of $247.7 million - I believe if they wanted to do this then it could.
Rep. ALFRED B. ROBINSON, JR.
Section 69 was adopted.
Debate was resumed on Section 72.
Debate was resumed on Amendment No. 123, which was proposed on Monday, March 6, by Rep. ROBINSON.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 483, Paragraph 24, Line 20, by inserting a new line at the end to read: /However, any private individuals who contract with any agency of the State and who are state retirees are subject to a $15,000 earnings limitation and the same discontinuance of retirement allowance as contained in paragrph 72.47 and 72.48/
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Rep. ROBINSON explained the amendment.
Rep. STEWART raised the Point of Order that Amendment No. 123A was out of order as it was not germane and also did not refer to a line item.
Rep. ROBINSON argued contra the Point.
Rep. SCOTT stated that under what was being referenced to in Paragraph 24 down to Line 20 was just simply talking about the twelve months of time and was giving a cap of the amounts that they could contract and had nothing to do with the retirement participation of someone who contracted for services. He further stated that the amendment was directly pointed to Paragraph 24, Line 20 as an addition and the overall line item talked about the amount of dollars for services and not retirement.
The SPEAKER stated that since it was a Section 1 Proviso, it did not have to tie into appropriations in Section 1. He further stated that since it limited earnings from state agencies, it would be regarding earnings that state retirees could receive and the substantial effect of the amendment would be germane to the Bill and he overruled the Point of Order.
Rep. ROBINSON continued speaking.
Rep. RISER 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:
Anderson Boan Breeland Brown, T. Hines Howard
Kelley Lloyd Martin Moody-Lawrence Riser Shissias Thomas White Witherspoon
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Herdklotz Huff Hutson Inabinett Jaskwhich Keegan Kennedy Keyserling Kirsh Klauber Knotts Koon Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McCraw McElveen Meacham Neilson Phillips Quinn Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Amend the bill, as and if amended, Part IB, Section 72, page 489, line 25, opposite /member/ by inserting /of the public service commission and employment security commission/
Amend further, page 489, line 25, opposite /day/ by adding an appropriately numbered paragraph to read /and members of the Workers' Compensation Commission, members of Employment Security Commission and Public Service Commission shall be allowed subsistence expenses in the amount as provided in this act for same allowance for subsistence, expenses and mileage as provided for Circuit Court Judges./
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Rep. COTTY explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. WALKER moved to table the amendment, which was agreed to.
Rep. CROMER proposed the following Amendment No. 75 (Doc Name L:\h- wm\legis\amend\DC12), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary Provisos, page 494, after line 26 by inserting a new appropriately numbered paragraph to read: Annually on October 1, the Comptroller General shall issue a report on out-of-state travel expenditures for the prior fiscal year which shall be distributed to the Senate Finance Committee, the House Ways and Means Committee and the Statehouse Press Room. The Comptroller General may use up to $500 of general fund appropriations for the purpose of providing copies to the media or the public upon request. The report must contain a listing for every agency receiving an appropriation in the annual General Appropriations Act. The listing must show at a minimum the top ten percent of employees for whom out-of- state travel expenses and registration fees were paid within each agency, not to exceed one hundred employees per agency. Expenditures must include state, federal and other sources of funds. The list for each agency must be in rank order with the largest expenditure first and the name of the employee must be shown with each amount. The Comptroller General may provide additional information as deemed appropriate. The Comptroller General shall provide no exceptions to this report in that the information contained is not considered confidential or restricted for economic development purposes. However, further
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Rep. CROMER explained the amendment.
Rep. CROMER continued speaking.
Rep. CROMER continued speaking.
Rep. CROMER spoke in favor of the amendment.
The amendment was then adopted.
Rep. TUCKER moved to reconsider the vote whereby Amendment No. 155 on Section 69 was tabled and the motion was noted.
Reps. HUTSON and ROBINSON proposed the following Amendment No. 252 (Doc Name L:\h-wm\legis\amend\TR.175), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 28, sub-paragraph 4, page 485, line 32, by striking line 32 and inserting /determine unfunded positions which will be eliminated no later than January 15 of the current fiscal year unless specifically exempted elsewhere in this act or by the State Budget and Control board. The State Budget and Control Board must report the full-time employee count and unfunded position status to the/
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Rep. HUTSON explained the amendment.
The amendment was then adopted.
Reps. NEAL and HOWARD proposed the following Amendment No. 261 (Doc Name L:\council\legis\amend\BR1\18264AC.95), which was tabled.
Amend the bill, as and if amended, Part IB, page 494, Section 72 - General
and Temporary, by inserting an appropriately numbered paragraph to read:
(B) An agency seeking to fill a vacancy or a new position must obtain from the Office of Human Resources the information provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if a person is qualified, as determined by the Office of Human Resources, to fill the position. An agency which does not first seek to fill the position from among the employees provided by the Office of Human Resources or which refuses to hire a person the office determines to be qualified is prohibited from filling the position./
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Rep. HOWARD explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Neilson Phillips Quinn Rhoad
Rice Richardson Riser Sandifer Seithel Sharpe Sheheen Shissias Smith, R. Spearman Tripp Trotter Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Harris, P. Herdklotz Hines Hodges Howard Kennedy Lloyd McMahand McTeer Moody-Lawrence Rogers Scott Stille Stuart Tucker White
So, the amendment was tabled.
Reps. ROBINSON and HUTSON proposed the following Amendment No. 225 (Doc Name L:\h-wm\legis\amend\DC.033), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Paragraph 65, Page 494, by deleting the paragraph in its entirety and inserting /(GP: Hiring Freeze) Notwithstanding any other provision of law, in the current fiscal year no person may be hired to fill any vacant position in a state agency nor may a new position be created by any administrative act. These prohibitions apply regardless of the source of funding for the positions. The prohibition on filling a vacant position does not apply to a position specially exempted from the prohibition under procedures approved by the State Budget and Control Board nor does it apply to 24 hours custody or care positions, school teaching positions, faculty at colleges and universities, School for the Deaf and Blind, Wil Lou Gray Opportunity School, John De La Howe School,
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Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Section 72 as amended was adopted.
Debate was resumed on Section 3B.
The motion of Rep. HARWELL to reconsider the vote whereby Amendment No. 4 was adopted was taken up and agreed to.
Rep. TUCKER moved to table the amendment, which was agreed to.
Reps. SHISSIAS, RICE, CARNELL and J. HARRIS proposed the following Amendment No. 269 (Doc Name L:\h-wm\legis\amend\TR.025), which was adopted.
Amend the bill, as and if amended, Part IA, Section 3B, House of
Representatives, Page 9, Line 11, by inserting a new item /Joint MH/MR
Committee/ by increasing the line in columns (5) and (6) by /90,000
. . . . .(2.0)/
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Rep. SHISSIAS explained the amendment.
Rep. CARNELL spoke in favor of the amendment.
Rep. MARCHBANKS moved to table the amendment.
Rep. SHISSIAS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Easterday Fair Littlejohn Marchbanks
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, T. Byrd Cain Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Howard Hutson Inabinett Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Whatley Whipper, L. Whipper, S. White Wilder Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 3B as amended was adopted.
Debate was resumed on Section 5.
Reps. MARCHBANKS and QUINN proposed the following Amendment No. 46 (Doc Name L:\h-wm\legis\amend\DH.11), which was adopted.
Amend the bill, as and if amended, Part IA, Section 5, Administrative Law Judges, Page 29, Line 5, Opposite /Associate Judge/ by decreasing the amounts in columns (5) and (6) by /$155,150/
Amend further, Page 29, Line 7, Opposite /Unclassified Position/ by increasing the amounts in columns (5) and (6) by /$156,459/
Amend further, Page 29, Line 19, Opposite, /Employer Contribution/ by decreasing the amounts in columns (5) and (6) by /$104,511/
Amend further, Page 47, Line 23, Opposite /Judicial Circuit State Support/ by increasing the amounts in columns (5) and (6) by /$159,628/
Amend further, Page 254, Line 37, Opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$56,426/
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Rep. QUINN explained the amendment.
The amendment was then adopted.
Section 5 as amended was adopted.
Debate was resumed on Section 12.
Rep. McABEE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\5533HTC.95), which was tabled.
Amend the bill, as and if amended, Section 12, Prosecution Coordination Commission, page 0047, line 23, opposite /Judicial Circuits State Support/ by increasing the amounts in columns (5) and (6) by /43,718/.
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Rep. McABEE moved to table the amendment, which was agreed to.
Section 12 was adopted.
Printed Page 1400, Mar. 8
| Printed Page 1420, Mar. 8
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