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Those who voted in the affirmative are:
Brown, H. Dantzler Law Williams Wofford
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
At 2:15 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. HASKINS a leave of absence for the remainder of the day due to medical reasons.
The following Joint Resolution was taken up.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Rep. SHEHEEN raised the Point of Order that the $87,879,628 should be
stricken from the Bill as Section 11-11-140 (D) prohibited the appropriation
from surplus funds, before the first meeting of the General Assembly following
the Comptroller General's closing of the books for the fiscal year in which the
surplus occurred.
The SPEAKER stated that a Point of Order had been raised earlier this year on this same issue during the deliberation of the Supplemental Appropriations Bill on Feb. 1. He further stated that he specifically refused to address this issue in the earlier ruling because he held, on the basis of the effective date of the Act by which Section 11-11-140, or the Carnell/Felder Amendment, became law, that this code section would not apply to that Feb. 1 bill because the money being spent was generated during a fiscal year to which the new law specifically did not apply.
The SPEAKER further stated that in the Feb. 1 ruling on Rep. Sheheen's Point of Order that Rep. Sheheen had specifically asked if the ruling applied to all surplus funds. The Speaker stated that he had responded that he was not ruling on that issue at that time, but he further noted that he had stated that the bottom line was that Subsection D applied only to the surplus created by A, B and C of the statute.
The SPEAKER further stated that the Carnell/Felder Amendment, in effect, created a third reserve fund, and that Section D of 11-11-140 which referred to the term "surplus", applied only to the third reserve fund, created by A, B and C of 11-11-140. Section D contained the restrictions for those Carnell/Felder funds and specifically restricted its appropriation in two ways. First, it prohibits appropriating the funds until the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. And, second, it restricts appropriation of the Carnell/Felder funds to "nonreccuring purposes".
The SPEAKER further stated that there are now two funds. First, there is the Carnell/Felder fund which was roughly 54 million dollars based on the Board of Economic Advisors estimates for the FY 1995-96 Appropriations Bill. He noted that this fund is clearly created by an application of Subsections A, B and C of 11-11-140. However, he also noted that there was an additional surplus created when it became clear that the Board of Economic Advisors original estimate for revenue to be collected was less than would actually be collected. He further stated that the question was whether Subsection D, which referenced "surplus", was restricted to the Carnell/Felder 54 million dollars or whether it applied to any surplus. He ruled that Subsection D was restricted only to the Carnell/Felder reserve funds and created by the application of A, B and C, which was roughly $54 million and did not apply to any other surplus
Rep. H. BROWN moved that the Joint Resolution be considered section by section, which was agreed to.
Section 1 was adopted.
Rep. H. BROWN proposed the following Amendment No. 13 (Doc Name L:\h-wm\legis\amend\DC.151), which was adopted.
Amend the joint resolution, as and if amended, Section 2, Page 1, Item 2, Lines 30-31, by striking /Comptroller General/ and inserting /State Treasurer/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 2 as amended was adopted.
Rep. H. BROWN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5615HTC.95), which was adopted.
Amend the joint resolution, as and if amended, page 2, by inserting after line 27:
A. Surplus fiscal year 1994-95 general fund revenues in excess of $142,470,875 must be credited to the State Property Tax Relief Fund and used in the manner provided by law for revenues in that fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 3 as amended was adopted.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1756DW.95), which was tabled.
Amend the joint resolution, as and if amended, Page 2, Lines 29 through 42, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 27.
Rep. LITTLEJOHN proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5609HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking SECTION 4 and inserting:
/SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State 2,250,000 dollars each for the University of South Carolina and City of Greenville arena projects and 500,000 dollars for the Spartanburg, Cherokee, and Union Counties Drug Abuse Center, but these appropriations are contingent upon receipt of the 5,000,000 dollars from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the arena construction. Failure of either of the University of South Carolina or the City of Greenville to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June, 1996, shall result in forfeiture and lapse of these arena appropriations./
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 25.
Amend the joint resolution, as and if amended, by striking SECTION 4 and inserting:
/SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State 2,300,000 dollars each for the University of South Carolina and City of Greenville arena projects and 400,000 dollars for the Spartanburg, Cherokee, and Union Counties Drug Abuse Center, but these appropriations are contingent upon receipt of the 5,000,000 dollars from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the arena construction. Failure of either of the University of South Carolina or the City of Greenville to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June, 1996, shall result in forfeiture and lapse of these arena appropriations./
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. LITTLEJOHN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 27.
Rep. STILLE proposed the following Amendment No. 14 (Doc Name L:\h-wm\legis\amend\DC.506), which was tabled.
Amend the joint resolution, as and if amended, Section 4, Page 2, Line 25, by amending Section 4 to read /In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the state 2,500,000 dollars each for the University of South Carolina and City of Greenville arena projects, but this appropriation is $4,935,000 to the colleges and universities for higher education formula and $65,000 to the Election Commission for automated voting. The appropriation for higher education formula must be distributed based on a CHE approved allocation methodology. The appropriation for automated voting is designated to aid counties presently using paper ballots in purchasing automated count voting systems. The state may reimburse up to seventy percent of the cost of these systems.
Rep. STILLE explained the amendment.
Rep. HALLMAN moved to table the amendment, which was agreed to by a division vote of 47 to 16.
Rep. LITTLEJOHN proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5624HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking SECTION 4 and inserting:
/SECTION 4. In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the State 2,350,000 dollars each for the University of South Carolina and City of Greenville arena projects and 300,000 dollars for the Spartanburg, Cherokee, and Union Counties Drug Abuse Center, but these appropriations are contingent upon receipt of the 5,000,000 dollars from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the arena construction. Failure of either of the University of South Carolina or the City of Greenville to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June, 1996, shall result in forfeiture and lapse of these arena appropriations./
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 37 to 26.
Amend Section 4, by striking 4 and inserting the following figures:
5,000,000 EIA CREDITS HIGH SCHOOL DIPLOMA
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Boan Brown, H. Byrd Cain Carnell Cato Chamblee Cobb-Hunter Cotty Dantzler Davenport Easterday Fair Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Herdklotz Howard Huff Inabinett Jaskwhich Keegan Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee Neal Phillips Quinn Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Shissias Smith, R. Tripp Trotter Vaughn Waldrop Wells Wilkes Wilkins Wofford Wright Young, A.
Anderson Askins Baxley Breeland Brown, T. Canty Cave Cromer Fleming Harris, J. Hines Hutson Jennings Kelley Kennedy Keyserling Kinon Kirsh Martin McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neilson Rhoad Richardson Sheheen Simrill Spearman Stille Stuart Thomas Whatley Whipper, L. Whipper, S. Wilder Williams Witherspoon Young, J.
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 17 (Doc Name L:\h-wm\legis\amend\DC.510), which was tabled.
Amend the joint resolution, as and if amended, Section 4, Page 2, Line 29, by amending Section 4 to read /In addition to the appropriations provided in Section 2 of this joint resolution, there is appropriated from the general fund of the state 2,500,000 dollars each for the University of South Carolina and City of Greenville arena projects, but $5,000,000 for the Infrastructure Revolving Loan Fund in the Budget and Control Board Office of Local Government. The funds are to be used only as loans for water and sewer infrastructure projects. The appropriation is contingent upon receipt of the 5,000,000 dollars from the Southeast Compact for Low-Level Nuclear Waste pursuant to the provisions of Section 48-48-80(E) of the 1976 Code. and the approval of the financial plan assuring the funding for the construction of each of the arenas by the State Budget and Control Board. The State Budget and Control Board review is limited to assurance of the total fund availability for the construction. Failure of either of the entities to present a plan to be approved prior to the adjournment of the General Assembly on the first Thursday in June 1996, shall result in forfeiture and lapse of these appropriations. No project funded herein shall exceed the sum of $500,000.
Renumber sections & amend totals/title to conform.
Rep. HALLMAN moved to table the amendment.
Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Boan Brown, G. Brown, H. Byrd Cain Cato Chamblee Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Huff Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks McCraw Phillips Quinn Rice Riser Rogers Sandifer Sharpe Sheheen Smith, D. Smith, R. Stoddard Tripp Trotter Walker Wells Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Bailey Beatty Breeland Brown, T. Canty Carnell Cave Fair Fleming Govan Hines Howard Inabinett Kennedy Keyserling Kirsh Lloyd McAbee McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Robinson Scott
Simrill Spearman Stille Stuart Thomas Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. White Wilder Williams Worley
So, the amendment was tabled.
Rep. HUTSON moved to adjourn debate upon the section.
Rep. HALLMAN moved to table the motion, which was agreed to.
Section 4 was adopted.
Section 5 was adopted.
Rep. H. BROWN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5606HTC.95), which was ruled out of order.
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The July 1, 1995, deadline imposed pursuant to Section 12-21-2776(B) of the 1976 Code for metering devices on video games with a free play feature licensed pursuant to Section 12-21-2720(A)(3) is postponed until July 1, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. H. BROWN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that it did not relate to the Supplemental Appropriations Bill. He further stated that it did not have anything to do with money and that it dealt with rules.
Rep. H. BROWN argued contra the Point in stating that it had $8 million in it.
Rep. SHEHEEN stated that Section 1 had $8 million but that it did not state
that it was related to video poker.
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