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| Rep. SHEHEEN stated that it did not say that and it had to relate back.
Rep. FELDER stated that the money in this bill came from this and would not have been relevant to the other bill but was relevant to this one because the revenue was in this one.
The SPEAKER stated that it had to relate back to some expenditure of funds in a Part I appropriation.
Rep. SHEHEEN stated that the money was a pool of funds that was from the last fiscal year and it did not have anything to do with the deadline that started July 1, 1995 - July 1, 1996. He further stated that if that were the case, then it would be surplus monies generated in the next fiscal year.
Rep. FELDER stated that if these funds were specifically in there to put the counters on, then if they weren't there then the money was there to be spent and it could be spent on these items. He further stated that this referenced the money that was used to put the counters on.
The SPEAKER stated that it did not meet the criteria of Rule 5.3 in relating directly to an appropriation being made back in the appropriations section of the Bill and he sustained the Point of Order and ruled the Amendment out of order.
Rep. LANFORD proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5614HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. a. Notwithstanding the provisions of Title 9 of the 1976 Code with respect to the circumstances under which members of the South Carolina Retirement System and the South Carolina Police Officers Retirement System may establish service credit under those systems and only for employees of the Public Service Commission-Transportation Division scheduled to be terminated after June 30, 1995, as a result of a deregulation and the restructuring of the Public Service Commission's responsibilities as provided in Part II, Section 51 of the general appropriations act for fiscal year 1995-96, the Public Service Commission may use an amount of the sum appropriated in Section 4 of this joint resolution not to exceed $350,000.00 to establish credit for such employees in their respective retirement systems regardless of their years of credited service sufficient to provide them the minimum number of years required for service retirement at any age without a reduction in benefits. The payments must be the actuarial amount calculated by the
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey Brown, G. Brown, H. Brown, J. Byrd Cato Cobb-Hunter Cotty Cromer Dantzler Delleney Easterday Fair Felder Gamble Hallman Harrell Harrison Herdklotz Howard Huff Hutson Jaskwhich Keyserling Kirsh Knotts Koon Limehouse Lloyd McCraw McMahand Meacham Neal Phillips Quinn Rice Richardson Riser Robinson
Rogers Scott Seithel Sharpe Sheheen Simrill Smith, R. Stoddard Stuart Tripp Vaughn Wells Whipper, S. Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Allison Anderson Askins Baxley Beatty Boan Brown, T. Cain Canty Carnell Cave Chamblee Davenport Fleming Harris, J. Harris, P. Harvin Harwell Hines Hodges Inabinett Jennings Keegan Kennedy Klauber Lanford Littlejohn Mason McAbee McTeer Neilson Rhoad Sandifer Shissias Thomas Trotter Tucker Waldrop Walker Wilder Wilkes Williams Worley Young, J.
So, the amendment was tabled.
Rep. FELDER spoke in favor of the Joint Resolution.
Rep. H. BROWN moved to reconsider the vote whereby Section 1 was adopted, which was agreed to.
Rep. H. BROWN proposed the following Amendment No. 19 (Doc Name L:\h-wm\legis\amend\FF.501), which was adopted.
Amend the joint resolution, as and if amended, Section 1, Line 22, by
inserting after /lapsed funds/ /from delayed metering of video machines/
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.
Rep. H. BROWN proposed the following Amendment No. 18 (Doc Name L:\h-wm\legis\amend\FF.500), which was adopted.
Amend the joint resolution, as and if amended, by adding an appropriately numbered section to read /funds collected during FY94-95 to implement the metering requirement imposed pursuant to Section 12-21-2776(B) must be lapsed to the General Fund during FY 95-96 and the deadline imposed pursuant to Section 12-21-2776(B) is postponed until June 30, 1996.
Renumber sections & amend totals/title to conform.
Rep. KIRSH moved to table the amendment, which was not agreed to.
Rep. SHEHEEN moved to divide the question.
Rep. HALLMAN moved to table the motion to divide the question, which was agreed to by a division vote of 56 to 23.
The amendment was then adopted.
Debate was resumed on Section 1.
Section 1 was adopted.
Rep. H. BROWN gave notice of offering amendments on third reading.
The question then recurred to the passage of the Joint Resolution, as amended, on second reading.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as
follows:
Allison Askins Bailey Baxley Boan Brown, H. Brown, J. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McAbee McCraw McTeer Neilson Phillips Quinn Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Spearman Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, T. Canty Cave Fair Govan Hines Hodges Howard Inabinett Keyserling Kirsh Lloyd McElveen McMahand Meacham Moody-Lawrence Neal
Rhoad Scott Sheheen Simrill Stille Whipper, S.
So, the Joint Resolution, as amended, was read the second time and ordered to third reading.
I was out of the chamber on the vote for 3690. I would have voted yes for H. 3690.
Rep. GILDA COBB-HUNTER
I was away from my desk when vote was taken on H. 3690.
Would like to be recorded as voting (yes).
Rep. JUANITA M. WHITE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 3690 General Subject Matter: Supplemental Appropriations
Amendment #: 15
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MOLLY M. SPEARMAN
The following Joint Resolution was taken up.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Amend the joint resolution, as and if amended, Section 1, Page 1, Item (7), Line 35 by striking /University of Charleston/ and inserting /Colleges and Universities/
Amend further, Page 1, Line 36, by striking /Property Acquisition/ and inserting /Higher Education Formula/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. HALLMAN moved to table the amendment, which was agreed to.
As an employee of USC, I did not vote on Amendment 2 of Section 1 of H. 3363.
Rep. MARGARET J. GAMBLE
Rep. McABEE proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\VC.100), which was tabled.
Amend the joint resolution, as and if amended, Section 1, Page 2, Line 23, opposite /history center/ by inserting /$1,036,511/
Amend further, Section 1, Page 2, by inserting an appropriately numbered item
to read: /() State Election Commission
automated voting systems $50,000/
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to by a division vote of 52 to 26.
Rep. H. BROWN proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\DC.507), which was adopted.
Amend the joint resolution, as and if amended, Section 2, Page 2, by striking the section in its entirety and inserting a new paragraph to read /The funds appropriated for "Employee Bonus" shall be used to provide an average 2.86% performance bonus for all employees, including agency heads, classified, unclassified, executive compensation, legislative and judicial employees and local health care providers. The amount of the performance bonus for each employee shall be based on the most recent Employee Performance Management System (EPMS) evaluation and shall be determined based on a plan established by the agency director. The
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Rep. STUART proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5608HTC.95), which was adopted.
Amend the joint resolution, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. The funds appropriated for "Employee Bonus" in Section
1(4) of this joint resolution must be used to provide an average three percent
performance bonus for all employees, including agency heads, classified,
unclassified, executive compensation, legislative and judicial employees, and
local health care providers. The amount of the performance bonus for each
employee must be based on the most recent Employee Performance Management System
(EPMS) evaluation and must be determined based on a plan established by the
agency director. The amount of the performance bonus for employees not subject
to EPMS evaluation must be determined by objective performance evaluation as
determined by the agency director. The amount of the performance bonus for
agency heads covered by the Agency Head Salary Commission must be approved by
the State Budget and Control Board upon the prior favorable recommendation of
the Agency Head Salary Commission. The amount of the performance bonus for
agency heads not covered by the Agency Head Salary Commission is three percent.
Notwithstanding the provisions of this paragraph, no employee performance bonus
may exceed nine hundred dollars.
The performance bonus is not a part of the employee's base salary and is not earnable compensation for purposes of employer or employee contributions to respective retirement systems./
Amend totals and title to conform.
Rep. STUART explained the amendment.
Rep. H. BROWN spoke upon the amendment
Rep. STUART spoke in favor of the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\DC.500), which was tabled.
Amend the joint resolution, as and if amended, section 2, page 2, line 39, by striking /2.6/ and inserting /3.8/
Amend further, page 2, line 40, after /providers./ by inserting a new line to read /However, employees whose annual salary exceeds $45,000 are not eligible for the bonus provided in this section./
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
As an employee of USC, I did not vote on Amendment 5 of Section 2 of H. 3363.
Rep. MARGARET J. GAMBLE
Rep. H. BROWN gave notice of offering amendments on third reading.
Rep. KEEGAN spoke in favor of the Joint Resolution.
The question then recurred to the passage of the Joint Resolution, as
amended, on second reading.
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Herdklotz Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Canty Kirsh Neal Sheheen Williams
So, having received the necessary vote, two-thirds of the members present and voting but not less than three-fifths of the total membership, the Joint Resolution, as amended, was read the second time and ordered to third reading.
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