Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, we come into Your presence in the full knowledge of our need of Your help. Enable us, then, with the light of Your wisdom and the strength of Your might. Help us to fill each swift hour with worthwhile accomplishments. Make us strong enough to bear the fret of care, the sting of criticism, and the drudgery of unapplauded toil. With Your help may we think clearly, act with understanding, and play well our part. Cleanse our hearts with Your truths, feed our minds with pure thoughts, and guide our feet into the way of righteousness.
Thank You, Lord, for this privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SEITHEL moved that when the House adjourns, it adjourn in memory of Benny Lee Hunt of James Island, which was agreed to.
The following was received.
Columbia, S.C., March 8, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 2, S. 278 by a vote of 45 to 0.
(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
Very respectfully,
President
Rep. HASKINS moved to adjourn debate upon the veto message, which was adopted.
The Senate sent to the House the following:
S. 633 -- Senator Peeler: A CONCURRENT RESOLUTION WISHING A VERY HAPPY ONE HUNDREDTH BIRTHDAY TO MRS. SALLY GRACE PONDER ALLEN OF CHEROKEE COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. SCOTT asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. RICHARDSON objected.
Referred to Committee on Judiciary.
H. 3773 -- Rep. Rogers: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES AND A SOLICITOR'S DISCRETION TO INVOKE THIS SENTENCE, SO AS TO DELETE THIS PROVISION, TO PROVIDE DEFINITIONS, TO PROVIDE THE CONDITIONS UPON WHICH A PERSON MAY BE IMPRISONED FOR LIFE, TO PROVIDE THAT A PERSON SENTENCED PURSUANT TO THIS PROVISION MUST NOT BE CONSIDERED FOR OR GRANTED EARLY RELEASE TO ELIMINATE PRISON OVERCROWDING, TO PROVIDE THAT A PRESIDING JUDGE, LAW ENFORCEMENT AGENCY, THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, OR A STATE OR LOCAL CORRECTION FACILITY IN ITS DISCRETION MAY PROVIDE CERTAIN OFFENDERS NOTICE OF THE SENTENCE THAT MUST BE IMPOSED UPON CONVICTION OF A MOST SERIOUS OFFENSE, TO PROVIDE THAT THE ADEQUACY OF THE NOTICE IS NOT SUBJECT TO JUDICIAL REVIEW AND DOES NOT CREATE A LIABILITY UPON THE STATE OR ITS SUBDIVISIONS, AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY IF A MANDATORY MINIMUM SENTENCE UNDER ANOTHER PROVISION WOULD EXCEED A SENTENCE UNDER THIS PROVISION.
Referred to Committee on Judiciary.
H. 3774 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND A LUMP-SUM PAYMENT ALLOWED TO A STATE EMPLOYEE UPON TERMINATION OF EMPLOYMENT, DEATH, OR RETIREMENT, SO AS TO AUTHORIZE AN EMPLOYEE, UPON TERMINATION TO RECEIVE A LUMP-SUM PAYMENT FOR UNUSED LEAVE, NOT TO EXCEED FORTY-FIVE DAYS WITHOUT REGARD TO THE EARNED LEAVE TAKEN DURING THE CALENDAR YEAR IN WHICH THE EMPLOYEE TERMINATES.
Referred to Committee on Ways and Means.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3776 -- Reps. Neilson, J. Brown, Inabinett, Herdklotz, Littlejohn, Hines, Beatty, Baxley, Sandifer, S. Whipper, Robinson, Lloyd, Breeland, Witherspoon, Riser, Stille, Stuart, Rice, Law, Vaughn, Richardson and Mason: A BILL TO AMEND SECTION 62-3-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF PERSONS AS PERSONAL REPRESENTATIVES OF AN ESTATE, SO AS TO PROVIDE THAT A PROBATE JUDGE WITH CERTAIN EXCEPTIONS SHALL NOT SERVE AS A PERSONAL REPRESENTATIVE; AND TO AMEND SECTION 62-5-410, RELATING TO WHO MAY BE APPOINTED AS A CONSERVATOR OF THE ESTATE OF A PROTECTED PERSON, SO AS TO PROVIDE THAT A PROBATE JUDGE OR AN EMPLOYEE OF THE PROBATE COURT WITH CERTAIN EXCEPTIONS SHALL NOT SERVE AS A CONSERVATOR.
Referred to Committee on Judiciary.
H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.
Referred to Committee on Labor, Commerce and Industry.
H. 3778 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, Richardson, Stuart, Vaughn, Rice, Allison and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF STATE EMPLOYEES, REQUIRE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, AND PROVIDE PROCEDURES FOR ITS CONFIDENTIALITY, RELIABILITY, AND FAIRNESS.
Referred to Committee on Labor, Commerce and Industry.
H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3780 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS ACQUIRED FROM AN ANIMAL SHELTER, AN ANIMAL CONTROL AGENCY, A HUMANE SOCIETY, OR AN ANIMAL REFUGE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3781 -- Rep. Felder: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AN AUTOMOBILE INSURER SHALL FILE AND OFFER FOR AUTOMOBILE INSURANCE A BASE RATE AS DEFINED IN SECTION 38-73-457 WHICH IS SUBJECT TO ALL SURCHARGES OR DISCOUNTS, IF ANY, APPLICABLE UNDER ANY APPROVED MERIT RATING PLAN, CREDIT OR DISCOUNT PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE OR APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE AND SUBJECT TO ALLOCATION AND RECOUPMENT SURCHARGES PROVIDED FOR IN CHAPTER 77, TITLE 38; TO AMEND SECTION 38-73-457, AS AMENDED, RELATING TO FILING INFORMATION ON BASE RATES FOR AUTOMOBILE INSURANCE AND THE EFFECTIVE DATE OF THE RATES, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT, EFFECTIVE OCTOBER 1, 1995, THE DIRECTOR OR HIS DESIGNEE SHALL DISALLOW THE FURTHER USE OF THE OBJECTIVE STANDARDS RATE PREVIOUSLY FILED IN ACCORDANCE WITH THIS SECTION; TO AMEND SECTION 38-73-735, AS AMENDED, RELATING TO THE PLAN FOR CREDITS AND DISCOUNTS FOR AUTOMOBILE INSUREDS, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE THAT IF AN INSURANCE CREDIT OR DISCOUNT PLAN, OTHER THAN THAT PROMULGATED BY THE DIRECTOR OR HIS DESIGNEE, IS GIVEN TO AN INSURED PURSUANT TO THIS SECTION, THE POLICY MAY BE CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-760, AS AMENDED, RELATING TO THE STATE RATING AND STATISTICAL DIVISION AND UNIFORM STATISTICAL PLANS, SO AS TO PROVIDE THAT THE SAFE DRIVER DISCOUNT SHALL NOT BE INCLUDED IN THE RATE OR PREMIUM CALCULATION FOR CERTAIN DRIVERS AND APPLICANTS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-780 SO AS TO REQUIRE THE STATE RATING AND STATISTICAL DIVISION TO DEVELOP AND FILE A LOSS COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES BASED ON THE TOTAL EXPERIENCE OF ALL INSURERS IN THIS STATE INCLUDING RISKS CEDED TO THE REINSURANCE FACILITY; TO AMEND SECTION 38-73-1420, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE REINSURANCE FACILITY FILE AN EXPENSE COMPONENT AND THE USE OF THE COMPONENT AFTER APPROVAL, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD SHALL FILE AN EXPENSE COMPONENT AS DEFINED UNDER SECTION 38-73-1400(2) FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES WHICH MUST ACCURATELY REFLECT THE ACTUAL EXPENSES OF THE REINSURANCE FACILITY WITHOUT PROFIT AND FOR USE WITH THE PURE LOSS COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE COVERAGES DEVELOPED UNDER SECTION 38-73-780; TO AMEND SECTION 38-73-1425, RELATING TO THE FINAL RATE OR PREMIUM CHARGE FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE REINSURANCE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT THE BASE RATE FOR ANY PRIVATE PASSENGER AUTOMOBILE INSURANCE RISK CEDED TO THE FACILITY BY AN INSURER SHALL NOT BE LESS THAN THE BASE RATE WHICH WAS IN EFFECT AND IN USE ON NOVEMBER 1, 1994 BY THOSE AUTOMOBILE INSURERS CONTRACTED PURSUANT TO SECTION 38-77-590(a) FOR RISK WRITTEN BY THEM THROUGH PRODUCERS DESIGNATED PURSUANT TO THAT SAME SECTION; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE STATE'S AUTOMOBILE INSURANCE LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE REFERENCE TO THE RISK AND TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE DEPARTMENT OF INSURANCE OR THE REINSURANCE FACILITY RATE PLANS; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO ADD DEFINITIONS FOR "CEDE" OR "CESSION", "CLEAN RISK SUBSIDY", "STATE UNIFORM RATE", AND "FACILITY UNIFORM RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT UPON AUTOMOBILE INSURERS TO INSURE AND EXCEPTIONS, SO AS TO DELETE CERTAIN CONDITIONAL LANGUAGE REGARDING INSURABLE RISK, AND PROVIDE THAT EVERY AUTOMOBILE INSURANCE RISK CONSTITUTES AN INSURABLE RISK; TO AMEND SECTION 38-77-140, RELATING TO AUTOMOBILE INSURANCE AND BODILY INJURY AND PROPERTY DAMAGE LIMITS, SO AS TO PROVIDE FOR FIFTEEN THOUSAND DOLLARS, RATHER THAN FIVE THOUSAND DOLLARS, BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION COVERAGE AND COMPREHENSIVE COVERAGE FOR AUTOMOBILE INSURANCE PURPOSES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AUTOMOBILE INSURERS MAY REFUSE TO WRITE PHYSICAL DAMAGE INSURANCE COVERAGE TO AN APPLICANT OR EXISTING POLICYHOLDER, ON RENEWAL, WHO HAS COLLECTED BENEFITS PROVIDED UNDER AUTOMOBILE INSURANCE PHYSICAL DAMAGE COVERAGE DURING THE THIRTY-SIX MONTHS IMMEDIATELY PRECEDING THE EFFECTIVE DATE OF COVERAGE FOR TWO OR MORE TOTAL FIRE LOSSES OR TWO OR MORE TOTAL THEFT LOSSES; TO AMEND THE TITLE OF ARTICLE 5 OF CHAPTER 77, TITLE 38 FROM "REINSURANCE FACILITY AND DESIGNATED PRODUCERS" TO "REINSURANCE FACILITY, SERVICING CARRIERS, AND PRODUCERS"; TO AMEND SECTION 38-77-530, AS AMENDED, RELATING TO THE PLAN OF OPERATION OF THE REINSURANCE FACILITY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE PLAN SHALL PROVIDE THAT EVERY MEMBER, UPON ANY ASSESSMENT RELATED TO PRIVATE PASSENGER AUTOMOBILE RISKS, SHALL COLLECT THAT ASSESSMENT FOR PAYMENT TO THE REINSURANCE FACILITY BY WAY OF A SURCHARGE ON AUTOMOBILE INSURANCE POLICIES ISSUED BY THE MEMBER AND THAT SUCH SURCHARGES SHALL BE A PERCENTAGE OF PREMIUM ADOPTED BY THE GOVERNING BOARD OF THE FACILITY AND APPROVED BY THE DIRECTOR OR HIS DESIGNEE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-535 SO AS TO PROVIDE THAT FOR CERTAIN PERIODS, CERTAIN PERCENTAGES OF THE CLEAN RISK ALLOCATION MUST BE ASSESSED AND COLLECTED BY MEMBER INSURERS OF THE REINSURANCE FACILITY; TO AMEND THE TITLE OF SECTION 38-77-540 FROM "DUTIES OF CEDING INSURER" TO "FACILITY RATE PLANS"; TO AMEND SECTION 38-77-540, RELATING TO THE DUTIES OF A CEDING INSURER UNDER THE AUTOMOBILE INSURANCE LAW, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT THE REINSURANCE FACILITY SHALL ACCEPT CESSIONS ON A POLICY OF PRIVATE PASSENGER AUTOMOBILE INSURANCE AT THE OPTION OF AN INSURER BUT ONLY AT THE RATE OR PREMIUM CHARGE AS DETERMINED UNDER THE RATING PLANS ESTABLISHED BY THE GOVERNING BOARD AND APPROVED BY THE DIRECTOR OR HIS DESIGNEE, SUBJECT, HOWEVER, TO SECTION 38-77-950 REGARDING REASONABLE UTILIZATION OF THE FACILITY BY MEMBER COMPANIES; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SO AS TO CHANGE THE METHOD OF APPOINTING CERTAIN MEMBERS TO THE BOARD; TO AMEND SECTION 38-77-585, RELATING TO ADDITIONAL BOARD MEMBERS OF THE REINSURANCE FACILITY, SO AS TO DELETE REFERENCES TO DESIGNATED INSURERS AND, INSTEAD, REFER TO CONTRACTED INSURERS; TO AMEND THE TITLE OF SECTION 38-77-590 FROM "DESIGNATED PRODUCERS" TO "SERVICING CARRIERS AND PRODUCERS"; TO AMEND SECTION 38-77-590, AS AMENDED, RELATING TO DESIGNATED PRODUCERS UNDER REINSURANCE FACILITY PROVISIONS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE, AFTER CONSULTATION WITH THE GOVERNING BOARD OF THE REINSURANCE FACILITY, SHALL DIRECT THE BOARD TO CONTRACT WITH ONE OR MORE INSURERS MEETING ELIGIBILITY REQUIREMENTS PROMULGATED BY THE BOARD TO ACT AS SERVICING CARRIERS FOR THE WRITING OF AUTOMOBILE INSURANCE THROUGH PRODUCERS ASSIGNED TO THE SERVICING CARRIER BY THE BOARD; TO AMEND SECTION 38-77-600, AS AMENDED, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, SO AS TO DELETE REFERENCES TO AN OBJECTIVE STANDARDS RATE, DELETE OTHER LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT EFFECTIVE FOR THE RECOUPMENT PERIOD BEGINNING JULY 1, 1996, THROUGH JUNE 30, 1997, .55 MULTIPLIED BY THE RECOUPMENT IS TO BE BORNE BY RISKS HAVING ZERO SURCHARGE POINTS UNDER THE UNIFORM MERIT PLAN PROMULGATED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; TO AMEND SECTION 38-77-620, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE INCLUSION OF RECOUPMENT CHARGES IN RATES, SO AS TO DELETE REFERENCES TO AN OBJECTIVE STANDARDS RATE; TO AMEND SECTION 38-77-910, AS AMENDED, RELATING TO THE AUTOMOBILE INSURANCE LAW AND UNLAWFUL DISTINCTIONS BETWEEN POLICYHOLDERS OR APPLICANTS, SO AS TO PROVIDE THAT IT IS AN ACT OF UNLAWFUL DISCRIMINATION FOR AN AUTOMOBILE INSURER TO MAKE ANY DISTINCTION BETWEEN AUTOMOBILE INSURANCE POLICYHOLDERS OR APPLICANTS FOR AUTOMOBILE INSURANCE WITH RESPECT TO COVERAGE, RATES, CLAIMS, OR OTHER SERVICES EXCEPT AS THE DISTINCTIONS ARE PROVIDED FOR IN THE RATING PLANS FOR THE CLASSIFICATION OF RISKS AND TERRITORIES PROMULGATED BY THE DEPARTMENT OF INSURANCE AND THE REINSURANCE FACILITY RATE PLANS; TO AMEND SECTION 38-77-940, RELATING TO THE AUTOMOBILE INSURANCE LAW, AVOIDING CERTAIN CLASSES OR TYPES OF RISKS, EXCEPTIONS, AND CANCELING AN AGENT'S REPRESENTATION, SO AS TO DELETE THE LANGUAGE PROHIBITING AN AUTOMOBILE INSURER FROM PROVIDING TO INSURANCE AGENTS, DIRECTLY OR INDIRECTLY, ORALLY OR IN WRITING, ANY LISTING OF CLASSES OR TYPES OF AUTOMOBILE INSURANCE RISKS WHICH THE INSURER CONSIDERS NECESSARY TO REINSURE IN THE REINSURANCE FACILITY; TO AMEND SECTION 38-77-950, AS AMENDED, RELATING TO UNREASONABLE OR EXCESSIVE USE OF THE REINSURANCE FACILITY BY AN INSURER AND NOTICE TO A POLICYHOLDER THAT HIS AUTOMOBILE INSURANCE POLICY IS IN THE FACILITY, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE REINSURANCE FACILITY HAVING ONE OR MORE MERIT RATING PLAN POINTS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-10-275 SO AS TO PROVIDE THAT ANY PERSON WHO OPERATES OR ALLOWS AN UNINSURED MOTOR VEHICLE TO BE OPERATED SHALL SUFFER THE IMMEDIATE IMPOUNDMENT OF THE VEHICLE UNTIL HE POSTS LIABILITY INSURANCE IN THE AMOUNT REQUIRED BY CHAPTER 77 OF TITLE 38 AND PAYS ANY STORAGE AND IMPOUNDMENT FEE, TOGETHER WITH ANY OTHER FINES OR FEES IMPOSED FOR THE OPERATION OF AN UNINSURED MOTOR VEHICLE; TO REPEAL SECTIONS 38-73-1410, RELATING TO AUTOMOBILE INSURANCE AND THE PROVISION THAT THE REFILING OF FINAL RATES OR PREMIUM CHARGES PREVIOUSLY APPROVED IS NOT REQUIRED, AND 38-77-595, RELATING TO THE REINSURANCE FACILITY AND THE CONDITIONS FOR THE DESIGNATION OF AN OTHERWISE INELIGIBLE APPLICANT; AND TO REPEAL, EFFECTIVE JULY 1, 2000, SECTIONS 38-77-600, RELATING TO THE REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON EVERY PREMIUM NOTICE OR BILL FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE, 38-77-610, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE INCLUSION OF RECOUPMENT CHARGES IN CERTAIN RATES, AND 38-77-625, RELATING TO THE PROVISION THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS REINSURANCE FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE.
Referred to Committee on Labor, Commerce and Industry.
S. 98 -- Senators Washington, Leventis, Rose, Wilson, Elliott and O'Dell: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.
Referred to Committee on Education and Public Works.
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Referred to Committee on Education and Public Works.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harwell Herdklotz Hines Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, March 9.
Juanita M. White Michael L. Fair Richard M. Quinn, Jr. Grady A. Brown James H. Harrison Terry E. Haskins Dave C. Waldrop, Jr. William Clyburn Douglas E. McTeer, Jr. Michael F. Jaskwhich Eugene C. Stoddard Marion P. Carnell Ralph W. Canty Paula H. Thomas F.G. Delleney, Jr. Donald W. Beatty James H. Hodges Larry L. Elliott Thomas E. Huff Joseph T. McElveen, Jr. C. Alex Harvin, III
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARVIN a leave of absence due to illness.
The SPEAKER granted Reps. HODGES, DELLENEY, THOMAS and BEATTY a leave of the House due to a Judicial Screening Committee meeting.
Announcement was made that Dr. John Dubose of Camden is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Section 1 was adopted.
Section 2 was adopted.
Rep. MARCHBANKS explained the section.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Section 11 was adopted.
Section 12 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Section 15 was adopted.
Section 16 was adopted.
Section 17 was adopted.
Rep. MARCHBANKS explained the section.
Section 18 was adopted.
Section 19 was adopted.
Section 20 was adopted.
Section 21 was adopted.
Section 22 was adopted.
Section 23 was adopted.
Section 24 was adopted.
Section 25 was adopted.
Section 26 was adopted.
Section 27 was adopted.
Section 28 was adopted.
Section 29 was adopted.
Rep. MARCHBANKS proposed the following Amendment No. 9 (Doc Name L:\h-wm\legis\amend\DC10), which was adopted.
Amend the bill, as and if amended, Part II, Section 30, page 506, line 21, by deleting the section in its entirety.
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Rep. MARCHBANKS proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\DC11), which was adopted.
Amend the bill, as and if amended, Part II, Section 31, page 506, line 36, by deleting the section in its entirety.
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Section 32 was adopted.
Section 33 was adopted.
Section 34 was adopted.
Section 35 was adopted.
Section 36 was adopted.
Section 37 was adopted.
Section 38 was adopted.
Section 39 was adopted.
Section 40 was adopted.
Section 41 was adopted.
Section 42 was adopted.
Section 43 was adopted.
Section 44 was adopted.
Section 45 was adopted.
Section 46 was adopted.
Reps. KIRSH and HUFF proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\DKA\3771CM.95), which was tabled.
Amend the bill, as and if amended, Part II, by striking SECTION 47 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH spoke in favor of the amendment.
Reps. HALLMAN and BAILEY spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. KOON 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 Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cave Clyburn Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Martin McAbee Quinn Rhoad Riser Scott Seithel Sharpe Shissias Smith, D. Spearman Stille Stoddard Stuart Townsend Tucker Wells Whatley Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Cain Cato Chamblee Cooper Davenport Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Huff Jaskwhich Kirsh Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Rogers Sandifer Sheheen Simrill Smith, R. Tripp Trotter Vaughn Waldrop Walker Wilkins
So, the amendment was tabled.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
Reps. ROBINSON and HUFF proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\JIC\5525HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 47, beginning on page 513, by striking subsections A, C, D, E, and F.
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Reps. WILKES and McELVEEN spoke against the amendment.
Rep. McELVEEN continued speaking.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Hines Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Martin McAbee Quinn Riser Rogers Sandifer Scott Seithel Shissias Smith, D. Spearman Stille Stoddard Stuart Tucker Wells Whatley Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Boan Brown, T. Canty Cato Cave Chamblee Cooper Delleney Easterday Fair Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Jaskwhich Kennedy Kirsh Littlejohn Mason McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Rice Richardson Robinson Sheheen Simrill Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wilkins Young, J.
So, the amendment was tabled.
Rep. HUFF proposed the following Amendment No. 274 (Doc Name L:\council\legis\amend\PT\1802AC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 47, by deleting subsections A., C., E., and F.
Reletter subsections & amend totals/title to conform.
Rep. HUFF explained the amendment.
Reps. WILKES and HALLMAN spoke against the amendment.
Rep. HALLMAN 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 Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble Govan Hallman Harrell Harrison Harwell Hines Howard Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Martin Quinn Rhoad Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Wells Whatley White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Boan Cain Canty Cato Chamblee Cooper Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Hodges Huff Jaskwhich Kirsh Littlejohn Mason McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Sheheen Simrill Smith, R. Townsend Tripp Trotter Vaughn Waldrop Walker Wilkins Young, J.
So, the amendment was tabled.
Rep. HUFF raised the Point of Order that Section A of Section 47 was out of order as it was not germane as the substantial effect of it was to define types of video poker machines and it did not directly relate to an appropriation in Part I of the Bill.
Rep. HARRISON stated that if the machines were not made legal under the proviso, then it clearly would affect the amount of revenue the State received and would be germane.
Rep. JENNINGS stated that Section A simply changed the definition of the machines to take care of the Supreme Court decision and it had a direct impact on revenues. He further stated that if the change was not adopted, then the revenues would not and could not be derived and therefore, it had a direct impact.
Rep. HUFF stated that the primary purpose was to define the type of machine and its substantial effect was not to appropriate money in Part I.
The SPEAKER stated that the second sentence of Rule 5.3 stated that no provision shall be put in the permanent part of any such bill unless it relates directly to an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill. He questioned how Section A of Section 47 complied with that sentence of Rule 5.3.
Rep. HARRISON stated that Section 12-21-2710 stated that it was unlawful to keep certain machines on the premises and this said that these types of machines are legal and can be licensed and that this would directly affect the licensing revenue that come from the machines and therefore, would relate to Part I.
The SPEAKER stated that it did not deal with license fees, it just allowed certain machines.
Rep. HARRISON stated that if the machines were unlawful, then they could not be kept on the premises and, therefore, license fees would not be paid.
Rep. HUFF stated that the substantial effect was to define the machines authorized and where they can be located.
Rep. JENNINGS stated, citing Rule 5.3, that the revenue provided therein was the fees from the machines and that this part simply changed the definition of the machines and by doing that it had a direct impact. He further stated that if it were not adopted, then the revenue would not flow from the fee of that type of machine.
The SPEAKER stated that the whole purpose of Rule 5.3 was to prevent state law from being amended in the Appropriations Bill unless it directly related to an expenditure of funds in Part I.
Rep. JENNINGS stated that there was precedence from March 12, 1992, when a Point of Order was raised by Rep. McAbee and Rep. Haskins cited Rule 5.3 and argued the requirement that it affect revenue directly and that it was a directive and a procedure relative to the funds that were taken in that instance from the S.H.I.M.S. account and put into that year's budget.
Rep. FELDER stated that it was germane because if Section A was taken out, then there would be revenue lost which affected the money in Part I.
Rep. HUFF stated that if Section A was taken out, then the definition as found to be the law by the Supreme Court stood.
The SPEAKER stated that he understood that the estimate of money generated from expanding the definition had already been spent in Part I.
Rep. HUFF questioned where in Part I was a specific Line item appropriated and the amount of dollars appropriated.
The SPEAKER stated that the money did have to be spent in Part I.
Rep. CROMER stated there was a line item on Page 374A, coin operated device taxes.
Rep. HUFF stated that the line item related to the increase in the fee.
The SPEAKER stated that the House would consider the next two amendments and then he would rule on the Point of Order.
Reps. ROBINSON and HUFF proposed the following Amendment No. 279, which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 47, beginning on Page 514, by striking "six" and inserting "nine" on Line 12.
Rep. ROBINSON explained the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. A. YOUNG moved to table the amendment, which was agreed to.
Reps. ANDERSON and FAIR proposed the following Amendment No. 80 (Doc Name L:\council\legis\amend\BBM\9965JM.95), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 47, page 515, by striking line 19.
Amend further, Part II, Permanent Provisions, SECTION 47, page 515, by striking /G./ on line 21 and inserting /F./.
Amend totals/title to conform.
Rep. ANDERSON explained the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. WILKES spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. MEACHAM spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. R. SMITH spoke in favor of the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrison Harwell Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd Martin McAbee McTeer Quinn Rhoad Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Whatley White Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Boan Brown, T. Cain Canty Cato Chamblee Cooper Davenport Delleney Easterday Elliott Fair Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Lanford Littlejohn Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whipper, S. Wilder Wilkins Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Beatty Boan Brown, T. Cain Canty Cato Chamblee Cooper Davenport Delleney Easterday Elliott Fair Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Knotts Littlejohn Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whipper, S. Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harrison Harwell Hines Jennings Keegan Kelley Keyserling Kinon Koon Law Limbaugh Limehouse Lloyd Martin McAbee Quinn Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Whatley White Wilkes Witherspoon Wofford Worley Wright
So, the amendment was adopted.
Rep. HUFF moved to reconsider the vote whereby Amendment No. 80 was adopted.
Rep. HASKINS moved to table the motion to reconsider, which was agreed to.
Rep. JENNINGS stated that the strict language of Rule 5.3 stated that the Bill shall include only provisions affecting revenue.
The SPEAKER stated that the second sentence of Rule 5.3 was the controlling language for the ruling on Part II Provisos.
Rep. JENNINGS stated that in its entirety, Section 47, defined the types of machines that may actually be licensed and Section A was a part of it.
The SPEAKER stated that there was already a license fee on machines and Section A expanded the number of machines subject to that fee.
Rep. JENNINGS stated that Section B raised the license fees of the machines described in Section A. He further stated that this raised an additional $21 million for operations and it had been appropriated in Part I.
The SPEAKER stated that it had been appropriated on the line cited earlier.
Rep. JENNINGS stated that without Section A, you did not have the machines to base the $21 million on.
Rep. JENNINGS further stated that he had cited precedence earlier, but that this situation was distinguishable in that the issue here dealt with a definition which actually raised revenue this year and the precedence affected only future years.
The SPEAKER stated the precedence was applicable to what was happening here. He further stated that he was not sure in what proportion Section A affected the estimates of revenue, but he did think that if you expanded the machines, it had some affect.
Rep. JENNINGS stated that this affected present revenue.
The SPEAKER stated that it was based on estimates, but it did apply to this fiscal year.
Rep. WILKES stated that if you strictly construe Rule 5.3, then the controlling question would be whether Section 47 was a provision affecting revenue and if so, then would the subsections following it be the rules, regulations, directives, and procedures relative thereto.
The SPEAKER stated that the second sentence of Rule 5.3 was the controlling sentence.
Rep. HUFF stated that under present law, the machines were legal and certainly had a date under which they would become illegal under the Supreme Court decision. He further stated that this merely expanded so to include slot machines and it also said all other video games which do not disburse money. He further stated that it did not affect revenue in Part I.
The SPEAKER stated that he felt it did affect revenue in Part I because if you took out the section, then there was no question that the estimate contained in Part I would be affected.
Rep. HASKINS stated that the question was whether it directly affected revenue and that striking the section did not directly affect the revenue unless you accepted the indirect argument that the machines would not be replaced with poker machines.
The SPEAKER stated that there was not a basis to make that argument.
Rep. HASKINS argued that it would then be an indirect affect.
Rep. WILKES stated that all of the sections were relative to Section 47 and it did affect the revenue in Part I.
The SPEAKER stated that he had looked at previous Points of Order particularly the March 12, 1992 Point of Order and he did find that there were estimates in Part I regarding the revenues from the machines and therefore, Section A met the test of Rule 5.3 in that it directly affected revenue in Part I and he overruled the Point of Order.
Rep. HUFF raised the Point of Order that Section D of Section 47 was out of order as it was not germane.
Rep. WILKES stated that Section D was relative to the title of Section 47 and it affected revenues.
Rep. JENNINGS stated that Section 47 clearly affected the revenue.
The SPEAKER stated that there was a difference between Section A and D in that D just changed the date of the metering device.
Rep. JENNINGS stated that it did affect revenue in that you had to read Section D with Sections A, B, & C and you can't isolate it and not consider the totality of Section 47.
The SPEAKER stated that if you strike A, then it would affect the portion of the $40 million estimate already appropriated but he questioned how changing the meter date affected the revenue in Part I.
Rep. JENNINGS stated that the whole intent was to generate revenues and account for those revenues and Section D did affect the revenues generated.
The SPEAKER questioned how it affected the license fees.
Rep. JENNINGS stated that you would have to determine what someone's logic might be in determining whether or not to apply for a license based upon whether or not they have a metering device.
Rep. WILKES stated that if some of the machines which were included in Section A could not have the metering devices applied by July 1, 1995 and as included in the title of Section 47, then every subsection related directly to the performance of the video operators in Section 47.
The SPEAKER stated that if you are expanding the number of machines, then he understood that it generated more money, but he did not have the information to tell how many machines were going to be affected.
Rep. HARWELL stated that the Supreme Court had said that the machines were unlawful and that 65 percent of the machines fell in that category and of that about half of them had bought a two-year license. He further stated that it would have an impact on the budget.
Rep. HUFF stated that it simply delayed the requirements to put a meter from July 1, 1995 to July of 1998 and it appropriated no money.
Rep. WILKES stated that in Section A you were assuming that 65 percent of the machines were affected. He further stated that it was a part of Section 47 and had to be looked at totally.
Rep. KIRSH stated that Rule 5.3 stated that no provision shall be put in a permanent part of any such bill unless it relates directly to an appropriation being made or revenue provided therein for the fiscal year and that this did not relate to the fiscal year now, but rather to 1998.
Rep. FELDER stated that it did affect revenue from this year in that half of the machines could not be up and running.
Rep. WILKES stated that it can be determined just as well from Section B as it could be from Section A.
Rep. JENNINGS stated that the Department of Revenue had indicated there were some problems with the effective date and with that information there was a direct impact on revenue because if the machines were out there that could not be hooked up, then they will not obviously pay the licensing fee and be a direct impact of the revenue.
The SPEAKER stated that Section D did not meet the requirement of Rule 5.3 and he sustained the Point of Order and ordered Section D of Section 47 stricken from the Bill.
Rep. HASKINS raised the Point of Order that Subsection E which changed the hours of operation was out of order as it was not germane in that it did not have an affect on the appropriation of revenue in Part I.
Rep. WILKES stated that if you extended the hours of operation, then you obviously increased the number of players and therefore, increasing the demand for more machines which would be licensed.
The SPEAKER stated that he could not rule on the germaneness question of subsections and the precedence was clear on that and he overruled the Point of Order.
Rep. WILKES inquired about the subsections being germane and what had been done on Subsection B.
The SPEAKER stated that he had not ruled on all of the subsections but that a Point of Order had been raised on Section A and Section D and he had ruled on that. He further stated that he thought the Point of Order on Subsection E was improper and he overruled that Point of Order.
Rep. BEATTY inquired what had been ruled out of order.
The SPEAKER stated that Section D had been ruled out of order but this vote was to table the entire Section 47.
Rep. RICHARDSON proposed the following Amendment No. 286-A, which was tabled.
Amend the bill as and if amended by deleting Subsection E on page 514 starting on line 29.
Rep. RICHARDSON explained the amendment.
Rep. WILKES spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Carnell Cave Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harrison Harwell Hines Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd McAbee Quinn Riser Scott Seithel Shissias Stille Stuart Townsend Tucker Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Allison Anderson Boan Brown, T. Cain Canty Cato Chamblee Clyburn Cooper Davenport Easterday Elliott Fair Fleming Govan Harris, J. Haskins Herdklotz Huff Jaskwhich Kirsh Lanford Littlejohn Marchbanks Martin Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Spearman Stoddard Tripp Trotter Vaughn Walker Whatley
So, the amendment was tabled.
Rep. RICHARDSON proposed the following Amendment No. 283 (Doc Name L:\council\legis\amend\JIC\5582HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Section 47, Permanent Provisions, by adding a new paragraph, appropriately lettered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2795 SO AS TO IMPOSE A TAX EQUAL TO TWO PERCENT ON GROSS MACHINE PROCEEDS OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS MACHINE INCOME", TO PROVIDE THE METHOD OF PAYMENT OF THE TAX, AND TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2795. (A) Beginning July 1, 1995, a tax equal to two percent of the gross machine income is imposed and must be remitted to the department weekly on a schedule determined by the department. The revenue must be remitted by electronic transfer in a manner provided by the department. All payments not remitted when due must be paid together with a penalty under the provisions of Section 12-54-40. For purposes of this section `gross machine income' means the sum of all cash/money put into the machine.
(B) A machine owner, operator, or licensed establishment who falsely reports or wilfully fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. HARWELL spoke against the amendment.
Rep. CANTY spoke in favor of the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Cooper Cotty Cromer Dantzler Davenport Elliott Fulmer Gamble Hallman Harrell Harrison Harwell Haskins Howard Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Martin McAbee Quinn Rhoad Riser Sandifer Scott Seithel Sharpe Shissias Smith, D. Stille Stoddard Stuart Townsend Tripp Walker Wells White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Boan Breeland Brown, J. Brown, T. Byrd Canty Clyburn Cobb-Hunter Delleney Easterday Fair Fleming Govan Herdklotz Hines Hodges Huff Jaskwhich Kirsh Lanford Lloyd Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rice Richardson Robinson Sheheen Simrill Smith, R. Spearman Thomas Trotter Tucker Vaughn Whatley Whipper, S.
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 290 (Doc Name L:\council\legis\amend\JIC\5594HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section 47, page 514, subsection D., line 25, by striking /1998/ and inserting /1997/.
Renumber sections/amend title/totals to conform.
Rep. GOVAN explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 290 was out of order as the section it referred to had been stricken from the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. SHEHEEN moved to table the section.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Boan Brown, J. Brown, T. Byrd Cain Canty Cato Clyburn Cobb-Hunter Davenport Delleney Easterday Fair Fleming Govan Harris, J. Haskins Herdklotz Hines Hodges Howard Huff Jaskwhich Kinon Kirsh Knotts Limehouse Lloyd Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Neal Rice Robinson Rogers Sandifer Scott Sheheen Simrill Smith, R. Stoddard Tripp Trotter Vaughn Waldrop Walker Wilder Wright
Those who voted in the negative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Carnell Cave Chamblee Cotty Cromer Dantzler Elliott Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Hutson Jennings Keegan Kelley Kennedy Keyserling Klauber Koon Law Limbaugh Littlejohn Martin McAbee Moody-Lawrence Quinn Rhoad Riser Seithel Sharpe Shissias Smith, D. Spearman Stille Stuart Thomas Townsend Tucker Wells Whatley Whipper, S. White Wilkes Wilkins Witherspoon Wofford Worley Young, A. Young, J.
So, the House refused to table the section.
Rep. H. BROWN proposed the following Amendment No. 291 (Doc Name L:\council\legis\amend\PT\1810DW.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, SECTION 47, Page 514, Line 25, by striking /July 1, 1995 1998/ and inserting /July 1 June 30, 1995 1996/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 291 was out of order as the section it referred to had been stricken from the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. HARRISON proposed the following Amendment No. 292 (Doc Name L:\council\legis\amend\GJK\21545HTC.95), which was rejected.
Amend the bill, as and if amended, Part II, Section 47, page 514, by inserting immediately after line 22 /D. The metering requirement of Section 12-21-2776(B) of the 1976 Code is postponed until July 1, 1998. The Department of Revenue and Taxation from revenues accruing to it pursuant to Section 12-21-2720(C) shall notify licensees of the postponement authorized by this subsection./
Amend further, Section 47, page 515, by inserting immediately after line 17 an appropriately lettered subsection to read:
( ) Section 12-21-2791 of the 1976 Code is amended to read:
"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents may limit the cash payouts to one hundred twenty-five dollars per player per location during any twenty-four-hour period provided that the owner or operator of the location displays a prominent notice above or upon the machine that the maximum amount authorized for refund on such machine is one hundred twenty-five dollars per player during any twenty-four-hour period."/
Renumber sections & amend totals/title to conform.
Rep. HARRISON explained the amendment.
Rep. HASKINS spoke against the amendment and moved to table the amendment.
Rep. ANDERSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Brown, J. Brown, T. Cain Canty Cato Clyburn Davenport Delleney Easterday Fair Fleming Govan Harris, J. Harris, P. Haskins Herdklotz Hines Hodges Huff Hutson Jaskwhich Kirsh Lanford Littlejohn Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rice Richardson Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Whipper, S. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Carnell Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Elliott Felder Fulmer Gamble Hallman Harrell Harrison Harwell Howard Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd Martin McAbee Neilson Quinn Rhoad Riser Rogers Seithel Shissias Smith, D. Spearman Stille Stuart Townsend Tucker Wells Whatley White Wilder Wilkes Wilkins Witherspoon Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. CANTY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cobb-Hunter Cromer Dantzler Elliott Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd McAbee Quinn Rhoad Riser Rogers Seithel Sharpe Shissias Smith, D. Spearman Stuart Tucker Wells Whatley White Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Boan Brown, T. Cain Canty Cave Chamblee Clyburn Cooper Davenport Delleney Easterday Fair Fleming Govan Harris, J. Haskins Herdklotz Hines Howard Huff Hutson Jaskwhich Kirsh Lanford Littlejohn Marchbanks Martin Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Scott Sheheen Simrill Smith, R. Stille Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Whipper, S. Wilder Young, J.
So, the amendment was rejected.
I was out of the Chamber when the vote was taken on Amendment 292. I would have voted "No." I had voted earlier to table the amendment and also voted to table the motion to reconsider the vote where #292 failed to be adopted.
Rep. HARRY F. CATO
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day.
Rep. H. BROWN proposed the following Amendment No. 294 (Doc Name L:\council\legis\amend\PT\1811DW.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, SECTION 47, by adding an appropriately lettered subsection to read:
/_____. Section 12-21-2776(B) of the 1976 Code, as added by Act 164 of 1993, is amended to read:
"(B) By July 1 June 30, 1995 1996, all machines registered and licensed by the commission department must be equipped with a commission department approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission department."/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 294 was out of order as it was not germane.
Rep. H. BROWN argued contra the Point in stating that it would have a $21 million impact on the budget.
The SPEAKER stated that in compliance with Rule 5.3 he sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 292 was rejected.
Rep. HASKINS moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Brown, J. Brown, T. Cain Canty Cato Cave Chamblee Clyburn Cooper Davenport Delleney Easterday Fair Fleming Govan Harris, J. Haskins Herdklotz Hines Hodges Howard Huff Hutson Jaskwhich Kennedy Kirsh Lanford Lloyd Marchbanks Martin Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Scott Sheheen Simrill Smith, R. Stille Stoddard Thomas Tripp Trotter Vaughn Waldrop Whipper, S. Wilder Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cobb-Hunter Cotty Cromer Dantzler Elliott Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn McAbee Quinn Riser Rogers Seithel Sharpe Shissias Smith, D. Spearman Stuart Townsend Wells Whatley White Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the motion to reconsider was tabled.
I was unable to vote on the motion to table the motion to reconsider #292. Had I voted I would have voted yea.
Rep. THOMAS N. RHOAD
Rep. SIMRILL moved immediate cloture on the section.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Cato Clyburn Cooper Cromer Davenport Delleney Easterday Fair Harris, J. Haskins Herdklotz Huff Hutson Jaskwhich Marchbanks Mason McMahand Meacham Quinn Rice Robinson Sandifer Simrill Smith, R. Stuart Tripp Trotter Vaughn Waldrop Wilkins
Those who voted in the negative are:
Allison Bailey Beatty Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Carnell Cave Chamblee Cobb-Hunter Cotty Dantzler Elliott Felder Fulmer Gamble Govan Hallman Harrell Harris, P. Harwell Hines Howard Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Law Limehouse Littlejohn Lloyd McAbee McCraw McElveen McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, D. Spearman Stille Stoddard Thomas Townsend Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A. Young, J.
So, immediate cloture was rejected.
The SPEAKER granted Rep. CANTY a leave of absence.
Reps. RICHARDSON, WHITE and CAVE proposed the following Amendment No. 298 (Doc Name L:\council\legis\amend\JIC\5582HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Section 47, Permanent Provisions, by adding a new paragraph, appropriately lettered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2795 SO AS TO IMPOSE A TAX EQUAL TO THREE PERCENT ON GROSS MACHINE PROCEEDS OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS MACHINE INCOME", TO PROVIDE THE METHOD OF PAYMENT OF THE TAX, AND TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS.
A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2795. (A) Beginning July 1, 1995, a tax equal to three percent of the gross machine income is imposed and must be remitted to the department weekly on a schedule determined by the department. The revenue must be remitted by electronic transfer in a manner provided by the department. All payments not remitted when due must be paid together with a penalty under the provisions of Section 12-54-40. For purposes of this section `gross machine income' means the sum of all cash/money put into the machine.
(B) A machine owner, operator, or licensed establishment who falsely reports or wilfully fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years."
B. This section takes effect July 1, 1995, or when appropriate monitoring machines are in place as required by law, 3000 fee will remain until in place./
C. Section 12-21-2720A. Reduce current license fee to 1,000.
D. County of origin retains 10% of 3% for property tax relief.
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
Rep. KNOTTS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hodges Huff Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Law Limehouse Marchbanks Mason McCraw Meacham Moody-Lawrence Phillips Quinn Rhoad Rice Riser Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Beatty Breeland Brown, J. Brown, T. Byrd Cave Cobb-Hunter Fair Herdklotz Hines Hutson Jaskwhich Kennedy Lanford Littlejohn Lloyd McElveen McTeer Neal Neilson Richardson Sheheen Spearman Stille Walker Whipper, S. Wilder
So, the amendment was tabled.
Rep. HARRISON proposed the following Amendment No. 299 (Doc Name L:\council\legis\amend\GJK\21545HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Section 47, page 514, by inserting immediately after line 22 /D. The metering requirement of Section 12-21-2776(B) of the 1976 Code is postponed until July 1, 1997. The Department of Revenue and Taxation from revenues accruing to it pursuant to Section 12-21-2720(C) shall notify licensees of the postponement authorized by this subsection./
Amend further, Section 47, page 515, by inserting immediately after line 17 an appropriately lettered subsection to read:
( ) Section 12-21-2791 of the 1976 Code is amended to read:
"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents may limit the cash payouts to one hundred twenty-five dollars per player per location during any twenty-four-hour period provided that the owner or operator of the location displays a prominent notice above or upon the machine that the maximum amount authorized for refund on such machine is one hundred twenty-five dollars per player during any twenty-four-hour period."/
Renumber sections & amend totals/title to conform.
Rep. HARRISON explained the amendment.
Rep. HARRISON continued speaking.
Rep. HUFF moved to table the amendment.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Boan Brown, T. Byrd Cain Cato Chamblee Clyburn Cobb-Hunter Cooper Davenport Delleney Easterday Fair Govan Harris, J. Haskins Herdklotz Hines Hodges Howard Huff Hutson Jaskwhich Kennedy Kinon Kirsh Lanford Lloyd Marchbanks Mason McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Scott Sheheen Simrill Smith, R. Stille Thomas Tripp Trotter Vaughn Waldrop Whipper, S. Young, J.
Those who voted in the negative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Cotty Cromer Dantzler Elliott Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Jennings Keegan Kelley Keyserling Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn McAbee Quinn Rhoad Riser Rogers Seithel Sharpe Shissias Smith, D. Spearman Stuart Townsend Wells Whatley White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was tabled.
Rep. QUINN proposed the following Amendment No. 300 (Doc Name L:\council\legis\amend\GJK\21545HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section 47, page 514, by inserting immediately after line 22 /D. The metering requirement of Section 12-21-2776(B) of the 1976 Code is postponed until July 1, 1998. The Department of Revenue and Taxation from revenues accruing to it pursuant to Section 12-21-2720(C) shall notify licensees of the postponement authorized by this subsection./
Rep. QUINN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 300 was out of order as it was not germane in that it referred to the year 1998 and not 1995-96.
The SPEAKER stated that it had to apply to revenues or appropriations in this current fiscal year for this budget.
Rep. SHEHEEN stated that the substantial effect of the amendment was to delay the date for the installation of the counters and it did not refer to a line item.
Rep. QUINN stated that it directly impacted money in Part I.
The SPEAKER stated that the substantial effect of the amendment changed the metering requirement date and he sustained the Point of Order and ruled the amendment out of order.
Rep. FELDER spoke upon the section.
Rep. FELDER moved to table the section.
Rep. MASON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Baxley Boan Brown, G. Brown, H. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Fair Felder Fleming Gamble Govan Harrell Harris, J. Harris, P. Harwell Haskins Herdklotz Hines Hodges Huff Hutson Jennings Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Bailey Breeland Dantzler Elliott Fulmer Hallman Keegan Law Limbaugh Rhoad Seithel Smith, D. Whatley Whipper, S. White
So, the section was tabled.
Rep. KIRSH raised the Point of Order that Section 48 was out of order under Rule 5.3 in that it referred to four or five years in advance.
The SPEAKER stated it also referred to the year under debate.
Rep. KIRSH stated that you could not add the other years to it.
The SPEAKER stated that there were many precedents where the Section was held to be germane if it affected the appropriation year being debated and also subsequent years. He further referred to a precedent from March 10, 1994, when the Speaker stated that the provision had to affect the year pertaining to the bill but can also affect other years.
Rep. KIRSH stated that the substantial effect of Section B would be to affect revenue in future years and Section B even said the year 2000.
Rep. FELDER stated that it was clear that it affected this year's revenue and phased it in.
The SPEAKER stated that, consistent with the precedence, he would rule it germane since it did directly relate to this year's revenues and he overruled the Point of Order.
Rep. KIRSH moved to table the section.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The House refused to table the section by a division vote of 2 to 89.
Section 48 was adopted.
Rep. HARRELL moved to reconsider the vote whereby Section 47 was tabled.
Rep. HASKINS moved to table the motion to reconsider.
Rep. ASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Brown, T. Cain Cato Cave Chamblee Clyburn Cooper Delleney Easterday Fair Felder Fleming Govan Harris, J. Harwell Haskins Herdklotz Hodges Howard Huff Jaskwhich Kennedy Keyserling Kinon Kirsh Lanford Lloyd Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rice Robinson Rogers Sandifer Scott Sharpe Sheheen Simrill Smith, R. Stille Townsend Tripp Trotter Vaughn Whipper, S. Wilkins
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, H. Carnell Cobb-Hunter Cotty Cromer Dantzler Davenport Elliott Fulmer Gamble Hallman Harrell Harris, P. Harrison Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Martin McAbee Neilson Quinn Rhoad Richardson Riser Seithel Shissias Smith, D. Spearman Stuart Thomas Walker Wells Whatley Whipper, L. Wilder Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the motion to reconsider was tabled.
Rep. BAILEY moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Boan Breeland Brown, G. Byrd Carnell Cobb-Hunter Cooper Elliott Hodges Howard Kelley Kinon Kirsh Klauber Law Lloyd Martin McAbee McMahand Moody-Lawrence Neal Wilder Wilkes Wofford Worley
Those who voted in the negative are:
Allison Askins Baxley Brown, H. Cain Cato Cave Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Huff Hutson Jaskwhich Jennings Keegan Kennedy Keyserling Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. HASKINS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. JENNINGS moved to rescind Rule 3.9.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Brown, H. Cain Carnell Cato Cooper Davenport Easterday Elliott Fair Felder Fleming Fulmer Govan Hallman Harrell Harris, P. Harrison Haskins Herdklotz Jaskwhich Keegan Kennedy Klauber Koon Limehouse Littlejohn Marchbanks Martin Mason McAbee Meacham Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Whatley Wilkes Wilkins Wright
Those who voted in the negative are:
Allison Bailey Boan Breeland Brown, G. Brown, T. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Gamble Harris, J. Harwell Hines Hodges Howard Huff Jennings Kelley Keyserling Kinon Kirsh Knotts Lanford Law Limbaugh Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Quinn Richardson Rogers Scott Sheheen Shissias Spearman Stuart Thomas Walker Wells Whipper, L. Whipper, S. White Wilder Witherspoon Wofford Worley Young, J.
So, the House refused to rescind Rule 3.9.
Rep. KEEGAN proposed the following Amendment No. 98 (Doc Name L:\council\legis\amend\JIC\5556HTC.95), which was rejected.
Amend the bill, as and if amended, Part II, Page 516, SECTION 49, by striking line 14 and inserting:
/B. Section 12-27-400(A) of the 1976 Code, as last amended by Section 17, Part II, Act 497 of 1994, is further amended by adding at the end:
"All interest earnings on the county transportation fund in the State Treasury must be credited to the State Highway Fund."
C. Section 12-27-1270 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding at the end:
"All interest earnings on the Economic Development Account must be credited to the State Highway Fund."
D. This section takes effect July 1, 1995./
Renumber sections, amend title/totals to conform.
Rep. KEEGAN explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. HUFF moved to rescind Rule 3.9.
Rep. CROMER demanded the yeas and nays, which were not ordered.
Rule 3.9 was rescinded by a division vote of 72 to 10.
Rep. TOWNSEND moved to table the amendment, which was not agreed to by a division vote of 32 to 56.
The amendment was then rejected by a division vote of 45 to 51.
The SPEAKER granted Reps. ASKINS and KENNEDY a leave of absence for the remainder of the day.
Reps. HODGES and WILKES proposed the following Amendment No. 247 (Doc Name L:\council\legis\amend\JIC\5579HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Page 516, by striking SECTION 49 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN continued speaking.
Rep. HODGES spoke in favor of the amendment.
Rep. WORLEY spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Breeland Brown, H. Cain Cato Chamblee Clyburn Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McMahand Meacham Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Stille Stuart Tripp Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Bailey Baxley Beatty Boan Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cooper Cotty Cromer Delleney Gamble Govan Harris, P. Hines Hodges Howard Kirsh Lloyd McCraw McElveen McTeer Moody-Lawrence Neal Neilson Rogers Sheheen Simrill Spearman Townsend Trotter White Wilder Wilkes
So, the amendment was tabled.
Rep. SANDIFER moved to reconsider the vote whereby Amendment No. 98 was rejected.
Rep. ROGERS moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Boan Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cooper Cromer Govan Harris, P. Hodges Howard Kirsh Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Rogers Sheheen Townsend Vaughn White Wilder Wilkes
Those who voted in the negative are:
Allison Anderson Breeland Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Keegan Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Tripp Trotter Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. TOWNSEND spoke against the amendment.
Rep. RICHARDSON moved immediate cloture on Section 49, which was agreed to by a division vote of 52 to 32.
Rep. KEEGAN spoke in favor of the amendment.
Rep. STILLE 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:
Breeland Brown, T. Byrd Cobb-Hunter Cromer Elliott Harris, P. Hodges Howard Kirsh Lloyd McTeer Moody-Lawrence Neal Rogers Scott Stille Townsend Trotter Whipper, S. Wilder
Those who voted in the negative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Martin McCraw McElveen Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tripp Vaughn Walker Wells Whatley Whipper, L. White Wilkes Wilkins 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.
Rep. SHEHEEN proposed the following Amendment No. 301, which was tabled.
Amend Part II, Section 49, Page 516, Amendment 98, by amending /B. to strike " State Highway Fund" and insert "County Transportation Fund".
Rep. SHEHEEN explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Stuart Tripp Trotter Waldrop Walker Wells Whatley Whipper, L. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Elliott Govan Harris, P. Hines Hodges Howard Keyserling Kinon Kirsh Limbaugh Lloyd Martin McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Simrill Spearman Stille Stoddard Thomas Townsend Vaughn Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Section 49 as amended was adopted.
Section 50 was adopted.
Rep. KEEGAN explained the section.
Section 51 was adopted.
Rep. ROGERS raised the Point of Order that Section 52 was out of order as it was not germane.
Rep. QUINN argued contra the Point in stating that it directly affected Part I revenue on Page 289, Lines 12 and 16 in Section 42.
Rep. ROGERS stated that there was a significant drop in the expenditure of those lines. He further stated that the only difference he saw was the reduction that every agency got across the board. He further stated that Section C of the proviso was just a repealer to existing statutory law provisions. He further stated that 530 specifically related to the provision that prior to the placement in a community control center, the department had to make a recommendation to that effect and that didn't directly relate to a pre-sentence report and was just a procedural requirement.
Rep. QUINN stated that on Page 288, Line 28, Pre-sentence Investigating Agent, was deleted because of the proviso being offered. He further stated that it reduced Part I.
Rep. ROGERS stated that there was no reduction in Line 28 because there was no appropriation in this year's budget for Line 28.
Rep. QUINN stated that the money was on several lines.
Rep. ROGERS stated that with reference to Line 12, that there was a difference but it was the five percent reduction most agencies reflect.
The SPEAKER stated that it satisfied the requirements of Rule 5.3 on germaneness and he overruled the Point of Order.
Rep. ROGERS raised the Point of Order that Section B of Section 52 was out of order as it was not germane in that it was just a procedural requirement and did not involve the expenditure of money.
Rep. QUINN argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ordered Section B of Section 52 stricken from the Bill.
Rep. ROGERS moved to divide the question.
Rep. QUINN moved to table the motion, which was agreed to.
Section 52 was adopted.
Rep. SHEHEEN raised the Point of Order that Section 53 was out of order as it was not germane.
Rep. ROBINSON argued contra the Point in stating that the money flowed through Line 38 on Page 306 in Section 2.
Rep. SHEHEEN stated that you should be able to tell in the permanent provision how it related back to revenue in Part I and there was no reference to the committee or board in that provision.
Rep. ROBINSON stated that the board ultimately decided how the money was spent in that particular line item.
Rep. SHEHEEN stated that it just changed the committee composition.
Rep. ROBINSON stated that the money that was raised from the sales flowed through the line item and the fund was created and went through the other expenses under that section.
Rep. SHEHEEN questioned if it was included in Column 5 or 6, Line 38, on Page 306.
Rep. RHOAD stated that the same committee that had been disbursing the stamps, etc. was the same one now.
Rep. SHEHEEN stated that this did not directly relate to revenue in Part I.
The SPEAKER stated that it did not meet the test of germaneness under Rule 5.3 dealing with appropriations in Part I and he sustained the Point of Order and ordered Section 53 stricken from the Bill.
Section 54 was adopted.
Rep. BOAN proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\JIC\5544HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, page 522, SECTION 55, by striking lines 25 through 29 and inserting:
/"Section 11-11-325. There is established in the State Treasury a fund separate and distinct from the general fund of the state styled the `State Property Tax Relief Fund'. Amounts credited to this fund must be used to provide property tax relief in the manner that the General Assembly shall provide by law for property assessed for ad valorem taxes pursuant to Section 12-43-220(c). However, the first phase of property tax relief must be to remove that portion of the homeowner's tax levied for public school operating costs, not including payments for lease agreements for capital projects. Appropriations may be made to this fund only after the Education Finance Act is fully funded including the inflation factor as determined by the Division of Research and Statistical Services of the State Budget and Control Board. Appropriations to this fund must be recurring revenues."/
Renumber sections, amend title/totals to conform.
Rep. BOAN explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harris, P. Hines Hodges Howard Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Spearman Stoddard Thomas Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. H. BROWN proposed the following Amendment No. 89 (Doc Name L:\council\legis\amend\JIC\5557HTC.95), which was adopted.
Amend the bill, as and if amended, Part II, Page 522, SECTION 55, line 29, by striking the quotation mark and inserting:
/The General Assembly, in the annual appropriations act, shall appropriate funds in the fiscal year beginning July 1, 1995, into the State Property Tax Relief Fund for the purpose of providing partial homestead property tax relief. For fiscal years beginning after June 30, 1996, the General Assembly shall, in addition to the funds appropriated in the fiscal year beginning July 1, 1995, appropriate one-half of the estimated recurring revenue growth expected for the fiscal year until such time that the phase-out of the residential property tax is complete."/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 55 as amended was adopted.
Rep. McABEE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\PFM\7234BDW.95), which was tabled.
Amend the bill, as and if amended, Part II by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.
The 1976 Code is amended by adding:
"Section 58-17-4096. (A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. All revenue from these fines must be remitted to the State Treasurer to be deposited in a fund and used for the Heritage Corridor."/
Renumber sections & amend totals/title to conform.
Rep. P. HARRIS moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\PFM\7245CM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-1557 SO AS TO PROVIDE SPEED LIMITS FOR TRANSPORTING A MOBILE HOME ALONG THE STATE'S HIGHWAYS AND TO PROVIDE PENALTIES.
The 1976 Code is amended by adding:
"Section 56-5-1557. It is unlawful to transport a mobile home along the highways of this State in excess of ten miles below the posted speed limit except when traveling along a highway with a maximum speed limit of twenty-five miles per hour or less. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars."/
Renumber sections & amend totals/title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 66 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\JIC\5530HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
REQUIRING THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE MOTOR VEHICLE VALUATION MANUALS FOR PERSONAL PROPERTY PURPOSES SO AS TO ENSURE THAT VEHICLES DEPRECIATE IN VALUE EACH YEAR AND TO PROVIDE FOR REFUNDS TO TAXPAYERS WHO OVERPAID PERSONAL PROPERTY TAXES AS A RESULT OF THESE REVISIONS.
The Department of Revenue and Taxation shall revise its manuals for the valuation of motor vehicles for purposes of property taxation to ensure that every vehicle depreciates in value each year until it reaches the minimum assessed value. These revised manuals shall apply with respect to motor vehicle tax years beginning after 1994. A taxpayer who overpaid personal property taxes as a result of the revised values must be refunded the overpayment upon written application therefor to the county auditor./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 67 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 68 (Doc Name L:\council\legis\amend\PFM\7232BDW.95), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.
The 1976 Code is amended by adding:
"Section 50-9-505. A person permitted pursuant to Section 50-9-500 is authorized to fish on Lake Ashwood in Lee County with nonmanufactured tackle or natural bait."/
Renumber sections & amend totals/title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 68 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\JIC\5545HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-1-200 SO AS TO PROVIDE THAT NO STATE OFFICER OR EMPLOYEE MAY RECEIVE A SALARY IN EXCESS OF EIGHTY THOUSAND DOLLARS A YEAR AND TO PROVIDE EXCEPTIONS.
A. Chapter 1, Title 8 of the 1976 Code is amended by adding:
"Section 8-1-200. No state officer or employee may receive a salary in excess of eighty thousand dollars a year for the performance of official duties. This limitation does not apply to any officers and employees of state institutions of higher learning. In the case of a state officer serving for a term of years during which the Constitution of this State prohibits the diminution of the officer's salary, the limitation imposed by this section first applies for the succeeding term."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. CROMER continued speaking.
Rep. HUFF moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 10.
Reps. CROMER and HALLMAN proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\DKA\3766CM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DIVISION HAS AUTHORITY OVER ALL PASSENGER AIRCRAFT OWNED BY THE STATE OR ITS DEPARTMENTS AND AGENCIES; TO PROVIDE THAT THE DIVISION CONDUCT A STUDY TO EXAMINE THE FEASIBILITY AND COST SAVINGS OF PROVIDING SHUTTLE FLIGHTS IN STATE AIRCRAFT TO FREQUENTLY TRAVELED DESTINATIONS AND REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 1996; AND TO REQUIRE THE DIVISION TO SELL THREE STATE AIRCRAFT.
A. Section 55-5-70 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-70. The division shall foster air commerce within the State and the division shall have supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:
(1) state aircrafts;
(2) the designing, laying out, location, building, equipping, operation, and use of all airports, landing fields or landing strips.;
(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;
(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and
(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations
Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."
B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1996.
C. The Aeronautics Division shall reduce by three the number of state-owned aircraft immediately upon acquisition of jurisdiction over these aircraft as provided in Section 1 of this act.
D. This provision does not apply to aircraft that have been purchased and subsequently operated and maintained with nonappropriated funds./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 74 was out of order as it was not germane in that it did not relate to a line item.
Rep. CROMER argued contra the Point in stating that there were previous Points of Order which were overruled and one involved state cars and their assignment which ordered a consolidation of all of the cars under one entity and that being the Budget and Control Division, Department of Automobiles, and secondly, the Point was on this amendment which was overruled on March 10, 1994 and it did relate to the budget because it required the immediate sale of three aircraft which would bring instant revenue. He further stated that the language of the line item was not in the amendment itself but on the previous ruling that it stated that in Part C the Aeronautics Division shall reduce by three the number of state-owned acquisitions. He further stated that the jurisdiction of the aircraft was statutorily provided for in Section 1 of the Act and Section C of the Amendment directed the sale and proceeds to go into the line item in Section 1.
Rep. HODGES stated that this clearly was not a provision which related back to Part 1. He further stated that there was not an appropriation for the sale of aircraft.
Rep. CROMER, citing Section 50, Page 325 of the Bill, stated that under other operating expenses, Line 32, it would be increased.
Rep. HODGES stated that it did not appropriate funds there.
Rep. CROMER argued that it affected revenue and there were previous rulings that would make this germane.
Rep. HODGES stated that earlier today there were amendments by Rep. G. Brown ruled out of order and he could have made that argument.
SPEAKER PRO TEMPORE HASKINS stated that the only part of the amendment that dealt with revenue was the sale of aircraft.
Rep. CROMER stated that the substantial effect of the amendment increased revenue and the Legislative Audit Council's conclusion was that $800,000.00 annually would be saved if this were enacted.
SPEAKER PRO TEMPORE HASKINS stated that based on the Speaker's ruling on March 10, 1994, that the substantial effect of the amendment must be directly related to an appropriation in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. KEYSERLING proposed the following Amendment No. 81 (Doc Name L:\council\legis\amend\JIC\5534HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".
A. Section 12-36-2120(17) of the 1976 Code, as added by Act 612 of 1990, is amended to read:
"(17) machines used in manufacturing, processing, recycling, compounding, mining, or quarrying tangible personal property for sale. `Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;. As used in this item, `recycling' means any process by which materials which would otherwise become solid waste are collected, separated, or processed and reused or returned to use in the form of raw materials or products, including composting, for sale;"
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Reps. HODGES and WILKES proposed the following Amendment No. 99 (Doc Name L:\council\legis\amend\JIC\5539HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1212 SO AS TO ALLOW A TWO HUNDRED DOLLAR STATE INDIVIDUAL INCOME TAX CREDIT FOR A TAXPAYER WHO IS A FULL-TIME STUDENT AT A TWO OR FOUR-YEAR INSTITUTION OF HIGHER LEARNING, INCLUDING A TECHNICAL COLLEGE, AND FOR A TAXPAYER WHOSE DEPENDENT IS SUCH A STUDENT AND TO LIMIT THE CREDIT TO TAXPAYER WITH ADJUSTED GROSS INCOME OF LESS THAN ONE HUNDRED THOUSAND DOLLARS.
A. Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:
"Section 12-7-1212. A resident taxpayer who is a full-time student at a two or four-year institution of higher learning, including a technical college, and a resident taxpayer who has a dependent claimed on the taxpayer's federal income tax return who is such a student is allowed a credit against the tax imposed pursuant to Section 12-7-210 in an amount equal to two hundred dollars. The credit is not allowed a taxpayer who can be claimed as a dependent on the federal income tax return of another individual and no credit is allowed in the case of a taxpayer whose federal adjusted gross income is one hundred thousand dollars or more."
B. This section is effective for taxable years beginning after 1994./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. HUFF raised the Point of Order that Amendment No. 99 was out of order as it was not germane in that it did not relate to Part 1.
Rep. HODGES argued that it was germane to Part I because it affected revenue by decreasing revenue and the capitulation section on individual income tax returns, it would reduce the amount of money available.
SPEAKER PRO TEMPORE HASKINS stated that the amendment did directly affect the income under the individual income tax and he overruled the Point of Order.
Rep. HODGES continued speaking.
Rep. HODGES continued speaking.
Rep. WILKES spoke in favor of the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Govan Harris, J. Harwell Hines Hodges Howard Jaskwhich Jennings Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Townsend Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. SPEARMAN, QUINN, CROMER and KLAUBER proposed the following Amendment No. 100 (Doc Name L:\council\legis\amend\PFM\7258BDW.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56 OF THE 1976 CODE, RELATING TO THE INSPECTION OF VEHICLES.
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
B. This section takes effect July 1, 1995./
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
Reps. HODGES, WILKES and NEAL proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\JIC\5546HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO REVISE THE DEDUCTION ALLOWED FOR DEPENDENTS UNDER SIX YEARS OF AGE BY LIMITING THE AMOUNTS THAT MAY BE CLAIMED BASED ON THE TAXPAYER'S SOUTH CAROLINA TAXABLE INCOME.
A. The unnumbered item added in Section 12-7-435 of the 1976 Code, pursuant to Section 3, Part II, Act 497 of 1994, is amended to read:
"( ) A resident individual taxpayer is allowed a deduction for each dependent claimable on the taxpayer's federal income tax return who has not yet attained the age of six years during the applicable tax year. This deduction is contingent upon the identification in the annual general appropriations act of revenues sufficient to offset the revenue loss caused by the exemption and for fiscal year 1994-95 only, the revenue source is a one year delay in the final step of the state individual income tax deduction allowed a portion of net capital gain. Accordingly, notwithstanding the provisions of Section 12-7-437, the provisions of Section 12-7-437(A)(2) apply for the 1994 taxable year and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1994. The deduction allowed by this section is an amount equal to a percentage of the federal income tax personal exemption amount allowed for the applicable taxable year as follows:
Taxable year 1994 twenty-five percent
Taxable year 1995 fifty percent
Taxable year 1996 seventy-five percent
Taxable years after 1996 one hundred percent
Notwithstanding the amounts allowed as a deduction pursuant to this item, the maximum deduction allowed is six hundred twelve dollars and fifty cents for each dependent of a taxpayer whose South Carolina taxable income exceeds sixty thousand dollars."
B. This section is effective for taxable years beginning after 1994./
Renumber sections, amend title/totals to conform.
Rep. HODGES explained the amendment.
The SPEAKER granted Rep. BAILEY a leave of absence.
Rep. HODGES continued speaking.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Govan Hines Hodges Howard Keyserling Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. HODGES and WILKES proposed the following Amendment No. 109 (Doc Name L:\council\legis\amend\GJK\21531HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 12-7-437, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF CERTAIN LONG-TERM CAPITAL GAINS, SO AS TO PROVIDE A PERMANENT TWENTY-NINE PERCENT DEDUCTION.
A. Section 12-7-437(A) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trust an amount equal to the following amounts of net capital gain recognized during the below-referenced taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent of net capital gain for taxable years beginning in 1991;
(3) forty-four percent for taxable years beginning after 1991."/
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. MARTIN spoke against the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Keegan Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Govan Harvin Hines Hodges Howard Jennings Kelley Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Spearman Townsend Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. HODGES and WILKES proposed the following Amendment No. 112 (Doc Name L:\council\legis\amend\JIC\5552HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-7-437, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF CERTAIN LONG-TERM CAPITAL GAINS, SO AS TO LIMIT THE APPLICATION OF THE MAXIMUM DEDUCTION TO THE FIRST ONE HUNDRED THOUSAND DOLLARS OF NET LONG-TERM CAPITAL GAIN.
A. Section 12-7-437(A) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including `S' corporations), estates, and trusts an amount equal to the following amounts of net capital gain recognized during the below-referenced taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent for taxable years beginning in 1991;
(3) forty-four percent of the first one hundred thousand dollars of net capital gain and a deduction of an amount equal to twenty-nine percent on net capital gain in excess of one hundred thousand dollars for taxable years beginning after 1991."
B. This section is effective for taxable years beginning after 1994./
Renumber sections, amend title/totals to conform.
Rep. HODGES explained the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. HALLMAN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Neilson Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Delleney Elliott Govan Harvin Hines Hodges Howard Kelley Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Townsend Whipper, L. Whipper, S. White Wilkes
So, the amendment was tabled.
Reps. HODGES and WILKES proposed the following Amendment No. 114 (Doc Name L:\council\legis\amend\JIC\5554HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-7-437, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME OF CERTAIN LONG-TERM CAPITAL GAINS, SO AS TO LIMIT THE APPLICATION OF THE MAXIMUM DEDUCTION TO THE FIRST ONE MILLION DOLLARS OF NET LONG-TERM CAPITAL GAIN.
A. Section 12-7-437(A) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including `S' corporations), estates, and trusts an amount equal to the following amounts of net capital gain recognized during the below-referenced taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent for taxable years beginning in 1991;
(3) forty-four percent of the first one million dollars of net capital gain and a deduction of an amount equal to twenty-nine percent on net capital gain in excess of one million dollars for taxable years beginning after 1991."
B. This section is effective for taxable years beginning after 1994./
Renumber sections, amend title/totals to conform.
Rep. HODGES explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Keegan Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Delleney Elliott Harvin Hines Hodges Howard Jennings Kelley Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Thomas Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Reps. LANFORD and HARVIN proposed the following Amendment No. 126 (Doc Name L:\council\legis\amend\DKA\3775CM.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO DEDUCTIONS ALLOWED FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO EXTEND THE FIVE DOLLAR A DAY SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED LAW ENFORCEMENT OFFICERS TO FIREFIGHTERS AND EMERGENCY MEDICAL SERVICE PERSONNEL.
A. Section 12-7-435(j) of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"(j) Federal law enforcement officers may deduct as a subsistence allowance five dollars a day for each regular work day in a taxable year. Full-time firefighters and emergency medical service personnel may deduct as a subsistence allowance five dollars a day for each regular work day in a taxable year."
B. This section is effective for tax years beginning after 1994./
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. MARCHBANKS 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:
Chamblee Dantzler Easterday Fair Gamble Haskins Herdklotz Huff Keegan Koon Limbaugh Marchbanks Mason Rice Robinson Sharpe Smith, R. Vaughn Whipper, L. Young, A.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, J. Brown, T. Byrd Cain Cato Cave Clyburn Cobb-Hunter Cotty Davenport Delleney Elliott Felder Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Hines Hodges Howard Hutson Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Lanford Limehouse Littlejohn Lloyd Martin McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Sandifer Scott Seithel Sheheen Shissias Spearman Stille Stuart Thomas Tripp Trotter Whatley Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. PHILLIPS proposed the following Amendment No. 151 (Doc Name L:\council\legis\amend\DKA\3782CM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE, TO PROVIDE THE PROCEDURE FOR ISSUING THE LICENSE PLATE AND ITS COST, AND TO DEFINE "ANTIQUE MOTOR VEHICLE".
The 1976 Code is amended by adding:
"Section 56-3-2340. (A) Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No antique dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12. A dealer may be issued one plate for the first five antique motor vehicles sold during the preceding year and one additional plate for five or more antique motor vehicles sold beyond the initial five vehicles sold during the preceding year. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting eligibility requirements for antique motor vehicle dealer plates is prohibited.
(B) For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.
(C) The cost of each plate is twenty dollars.
(D) For purposes of this section, `antique motor vehicle' means a motor vehicle which is over thirty years old."/
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
Rep. KEEGAN raised the Point of Order that Amendment No. 151 was out of order as it was not germane.
Rep. PHILLIPS argued contra the Point.
Rep. SHEHEEN cited Page 374A.
The SPEAKER stated that it did not meet the germaneness test under Rule 5.3 and he sustained the Point of Order and ruled the amendment out of order.
Rep. KEYSERLING proposed the following Amendment No. 249 (Doc Name L:\council\legis\amend\PFM\7272BDW.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE ISSUANCE OF A TEMPORARY PERMIT TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR ON-PREMISES CONSUMPTION WHEN NEW YEAR'S EVE IS ON SATURDAY OR SUNDAY.
A. The 1976 Code is amended by adding:
"Section 61-5-185. Notwithstanding the requirements of Section 61-5-180, licensees authorized to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption may purchase a temporary permit pursuant to that section when New Year's Eve is on Saturday or Sunday."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 249 was out of order as it was not germane.
Rep. KEYSERLING argued contra the Point.
The SPEAKER stated that the substantial effect of the amendment was not directly germane to Part I and he sustained the Point of Order and ruled the Amendment out of order.
The SPEAKER granted Rep. J. BROWN a leave of absence.
Reps. HUFF, COTTY, KEEGAN, KELLEY, HALLMAN, MARTIN, JASKWHICH, SPEARMAN, HARRELL, A. YOUNG, VAUGHN, KLAUBER, HERDKLOTZ, RICE, LIMBAUGH, J. YOUNG, CATO, MASON, R. SMITH, J. HARRIS, FELDER, HASKINS, TOWNSEND, STILLE, JENNINGS, HUTSON, FULMER, TRIPP, KIRSH, TROTTER, SHARPE, SIMRILL, MEACHAM, MARCHBANKS, THOMAS, WALKER and HARRISON proposed the following Amendment No. 250 (Doc Name L:\council\legis\amend\PT\1800DW.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-3-22 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM RECEIVING IN ANY ONE CALENDAR YEAR ON ACCOUNT OF SERVICE DURING THE REGULAR SESSION OF THE GENERAL ASSEMBLY ANY AMOUNT WHICH EXCEEDS THE TOTAL AMOUNT APPROPRIATED FOR PERSONAL SERVICE FOR MEMBERS OF THE GENERAL ASSEMBLY FOR THE APPLICABLE FISCAL YEAR DIVIDED BY ONE HUNDRED SEVENTY.
The 1976 Code is amended by adding:
"Section 2-3-22. No member of the General Assembly may receive in any one calendar year on account of service during the regular session of the General Assembly any amount which exceeds the total amount appropriated for personal service for members of the General Assembly for the applicable fiscal year divided by one hundred seventy."/
Renumber sections & amend totals/title to conform.
Rep. HUFF explained the amendment.
Rep. HOWARD raised the Point of Order that Amendment No. 250 was out of order as it was not germane.
Rep. HUFF argued contra the Point in stating that it related to the appropriation of funds in the House and Senate under payment of general funds.
The SPEAKER stated that it was germane and he overruled the Point of Order.
The amendment was then adopted.
Reps. QUINN, CROMER, WRIGHT and HARRISON proposed the following Amendment No. 253 (Doc Name L:\council\legis\amend\BBM\9991JM.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT THE APPROPRIATION IN PART I-A OF THIS ACT FOR "OTHER OPERATING EXPENSES" UNDER "ELECTRONIC VOTING" UNDER STATE ELECTION COMMISSION MAY BE USED FOR THE PURCHASE OF VOTING MACHINES WHICH USE ELECTRONIC METHODS FOR CASTING WRITE-IN BALLOTS OR WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY FOR CASTING WRITE-IN BALLOTS; AND TO AMEND SECTION 7-13-800 OF THE 1976 CODE, RELATING TO THE PROVISION THAT WRITE-IN BALLOTS MUST BE IN THE HANDWRITING OF THE VOTER OR AUTHORIZED MANAGER, SO AS TO PROVIDE THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE USE OF ELECTRONIC METHODS OF CASTING WRITE-IN BALLOTS OR THE USE OF VOTING MACHINES WHICH DO NOT EMPLOY PAPER AND HANDWRITING METHODS OR TECHNOLOGY FOR CASTING WRITE-IN BALLOTS.
A. The appropriation in Part IA of this act of $4,700, under State Election Commission, Section 16, at page 59, line 32 for "Other Operating Expenses" under "Electronic Voting" may be used for the purchase of voting machines which use electronic methods for casting write-in ballots or which do not employ paper and handwriting methods or technology for casting write-in ballots.
B. Section 7-13-800 of the 1976 Code is amended by adding:
"Nothing contained in this section shall be construed to prevent the use of electronic methods of casting write-in ballots or the use of voting machines which do not employ paper and handwriting methods or technology for casting write-in ballots."/
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 257 (Doc Name L:\council\legis\amend\JIC\5584HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-142 SO AS TO PROHIBIT APPROPRIATION OF NONRECURRING REVENUES FOR A RECURRING PURPOSE EXCEPT UPON A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY AND TO REQUIRE SUCH AN APPROPRIATION TO IDENTIFY THE SOURCE OF THE NONRECURRING REVENUE.
Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-142. Nonrecurring revenues may not be appropriated for a recurring purpose except upon an affirmative two-thirds vote of the total membership of the House of Representatives and the Senate. A nonrecurring appropriation enacted pursuant to this section must also include a statement identifying the source of the nonrecurring revenue."/
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 257 was out of order as it was not germane.
Rep. KIRSH, citing Rule 5.3, argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. NEAL proposed the following Amendment No. 260 (Doc Name L:\council\legis\amend\BR1\18265AC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-185 SO AS TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE AND TO REQUIRE AGENCIES SEEKING TO HIRE FROM THIS POOL OF EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE IF THE PERSON IS QUALIFIED.
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, information on all employees affected by this reduction. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.
(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."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. NEAL explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 260 was out of order as it was not germane.
Rep. NEAL argued contra the Point.
Rep. SCOTT stated that in terms of employees it had an expenditure in the budget and it referred back to every aspect.
The SPEAKER stated that it did not refer to a Part I appropriation and he sustained the Point of Order and ruled the amendment out of order.
Rep. KEYSERLING proposed the following Amendment No. 273 (Doc Name L:\council\legis\amend\DKA\3798HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-90, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.
A. Section 12-36-90(2) of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered item at the end to read:
"( ) fees imposed on the sale of motor oil, new tires, lead-acid batteries, and white goods pursuant to Article 1, Chapter 96 of Title 44."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.
Reps. LANFORD and TUCKER proposed the following Amendment No. 277 (Doc Name L:\council\legis\amend\BBM\10005JM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23 OF THE 1976 CODE, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO ESTABLISH THE DIVISION AS A SEPARATE CABINET AGENCY STYLED THE "DEPARTMENT OF LAW ENFORCEMENT TRAINING AND CONTINUING EDUCATION" UNDER THE ADMINISTRATION OF A DIRECTOR APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE; AND TO AMEND SECTION 1-30-90, RELATING TO THE COMPONENTS OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE REFERENCES TO THE LAW ENFORCEMENT TRAINING COUNCIL.
A. The funds appropriated in Part IA, page 255, line 38, must be used to fund the Department of Law Enforcement Training and Continuing Education provided for in subsection B of this section.
B. Article 9, Chapter 6, Title 23 of the 1976 Code, as last amended by Act 505 OF 1994, is further amended to read:
(A) There is created a Division the Department of Law Enforcement Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training. The department must be administered by a director appointed by the Governor with the advice and consent of the Senate.
(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the department, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State.
(C) The advisory council may recommend to the director methods to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status.
(D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise:
(1) `Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed.
(2) `Advisory council' means the Law Enforcement Training Advisory Council created by this article.
SECTION 23-6-410. The division department must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the advisory council and approved by the Director of the Department of Public Safety.
SECTION 23-6-420. (A) There is created a South Carolina Law Enforcement Training Advisory Council consisting of fourteen members:
(1) the Attorney General of South Carolina;
(2) the Chief of the South Carolina Law Enforcement Division;
(3) the Director of the Department of Public Safety;
(4) the Director of the Department of Natural Resources;
(5) the Director of the Department of Corrections;
(6) the Dean or Chairman of the University of South Carolina School or College of Criminal Justice;
(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;
(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;
(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;
(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;
(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more than fifty thousand; this person to be appointed by the Governor for a term of four years;
(12) one detention director who is responsible for the operation and management of a county or multi-jurisdictional jail; this person to be appointed by the Governor for a term of four years;
(13) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;
(14) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years.
(B)(1) The members provided for in (1) through (7) above are ex officio members with full voting rights.
(2) The members provided for in (8) through (14) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.
(C) The director of the department of Public Safety shall serve as chairman of the advisory council. The advisory council may elect another one of its members to serve as vice-chairman. The advisory council shall meet at the call of the chairman or at the call of a majority of the members of the advisory council, but no fewer than four times each year. The advisory council shall establish its own procedures with respect to quorum, place, and conduct of meetings.
(D) Members of the advisory council shall serve without compensation.
(E) An advisory council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the advisory council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.
SECTION 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the department of Public Safety, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the department; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the department; and provided, further, that within three working days of employment the department must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the director must be provided to the newly hired personnel. If the firearms qualification program approved by the director is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the director in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Department of Public Safety; or
(d) if it is determined by documentary evidence that the training will result in undue hardship to the requesting agency, the requesting agency must propose an alternate training schedule for approval.
SECTION 23-6-440. (A) At the request of any public law enforcement agency of this State the department is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the advisory council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The advisory council may make recommendations to the director, the General Assembly, or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement.
(B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the director, for his confidential information and subsequent safekeeping, the following:
(1) an application under oath on a format prescribed by the director;
(2) evidence satisfactory to the director that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate;
(3) evidence satisfactory to the director of the candidate's physical fitness to fulfill the duties of a law enforcement officer including:
(a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer;
(b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof;
(4) evidence satisfactory to the director that the applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction;
(5) evidence satisfactory to the director that the candidate is a person of good character. This evidence must include, but is not limited to:
(a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character;
(b) evidence satisfactory to the director that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another state may hold a valid current driver's license issued by any jurisdiction of the United States;
(c) evidence satisfactory to the director that a local credit check has been made with favorable results;
(d) evidence satisfactory to the director that the candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions.
In the director's determination of good character, the director shall give consideration to all law violations, including traffic and conservation law convictions, as indicating a lack of good character. The director shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at a determination of good character;
(6) a copy of the candidate's photograph;
(7) a copy of the candidate's fingerprints;
(8) evidence satisfactory to the director that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document;
(9) evidence satisfactory to the director of successful completion of a course of law enforcement training as established and approved by the director, and conducted at an academy or institution approved by the director, this evidence to consist of a certificate granted by the approved institution.
(C) A certificate as a law enforcement officer issued by the department will expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the department that is current on July 1, 1989, will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the director on a form prescribed by the director. The application for renewal must be received by the director at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, the department may reissue the certificate after receipt of an application and if the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9).
(D) The director may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).
SECTION 23-6-450. The director of the department of Public Safety is authorized to:
(a) receive and disburse funds, including those hereinafter provided in this article;
(b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter;
(c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement;
(d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this chapter;
(e) make such regulations as may be necessary for the administration of this chapter, including the issuance of orders directing public law enforcement agencies to comply with this chapter and all regulations so promulgated;
(f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by the department;
(g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers;
(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties requesting this training on a regional basis.
SECTION 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between:
(1) a law enforcement agency, its agents, employees, or representatives; and
(2) the department or the advisory council, its agents, employees, or representatives.
SECTION 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used by the department of Public Safety for law enforcement and criminal justice related programs, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's department's program of training, as follows:
(a) Fines and forfeitures up to
and including $99.00 $6.00
(b) Fines or forfeitures
above $99.00 up to and
including $200.00 $25.00
(c) Fines or forfeitures
above $200.00 up to and
including $500.00 $50.00
(d) Fines or forfeitures
above $500.00 up to and
including $1,000.00 $100.00
(e) Fines or forfeitures
above $1,000.00 $200.00
If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the department to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. If funds collected exceed the necessary costs and expenses of the Hall of Fame, the department may retain the surplus for professional training, fees, dues, and other related services or programs as the director may deem necessary. The additional portion of fines added by this section must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.
Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Department of Public Safety for fiscal and administrative purposes, including professional training, counseling, fees, dues, and other related services or programs as the director may deem necessary. The amount the above scale provides to be set apart and used by the department for law enforcement and criminal justice training and programs must be added to and be levied above the fine or forfeiture imposed.
SECTION 23-6-480. (A) Whenever the director finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director also may invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the court of common pleas of the county where the public law enforcement agency is located.
(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.
SECTION 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by law, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.
SECTION 23-6-495. Whenever, in this chapter, the term `department' is used, it means the Department of Law Enforcement Training and Continuing Education Public Safety and whenever the term "division" is used, it means the Division of Training and Continuing Education of the Department of Public Safety."
C. Section 1-30-90(D) of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:
"(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq. Reserved;"
D. All employees, equipment, and facilities and appropriations of the Division of Training and Continuing Education of the Department of Public Safety are transferred to the department created by this section.
E. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 277 was out of order as it was not germane.
Rep. LANFORD argued contra the Point citing Page 374.
Rep. HARRELL stated that the intent of the amendment was to create something as separate cabinet agency.
Rep. LANFORD stated that it already existed.
The SPEAKER stated that the main thrust was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. RHOAD and KOON proposed the following Amendment No. 284 (Doc Name L:\council\legis\amend\PFM\7282BDW.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 50-11-1767 SO AS TO ESTABLISH A FUND WITHIN THE STATE TREASURER'S OFFICE TO BE ADMINISTERED BY THE DEPARTMENT OF NATURAL RESOURCES TO PROMOTE THE TRAPPING OF COYOTES AND PROVIDE FOR A COMMITTEE TO GENERATE CONTRIBUTIONS TO THE FUND AND FOR THE COMMITTEE'S DUTIES.
A. The 1976 Code is amended by adding:
"Section 50-11-1767. (A) A fund is established within the State Treasurer's office to be administered by the Department of Natural Resources to promote the trapping of coyotes. Monies deposited in the fund must be included in the amount appropriated for other operating expenses in the 1995-96 General Appropriations Act for the department under Section 47, I.
(B) A committee of the following five members is established to promote the trapping of coyotes and generate contributions to the fund from private sources:
(1) Chairman of the Board of the Department of Natural Resources;
(2) the Secretary Treasurer of the South Carolina Fox Hunters Association;
(3) one member appointed by the chairman of the Senate Fish, Game & Forestry Committee;
(4) one member appointed by the chairman of the House Agriculture, Natural Resources and Environmental Affairs Committee;
(5) one member appointed by the Governor.
(C) The committee shall assess appropriate sportsmen organizations in South Carolina a fee of one hundred dollars annually to be deposited in the State Treasurer's office to the credit of the fund. Of each one hundred dollars deposited, seventy-five dollars must be used to reward trappers for each coyote trapped, and twenty-five dollars must be distributed to the department for its use. The organizations must include, but are not limited to, the South Carolina Fox Hunters Association and the National Wild Turkey Federation headquartered in South Carolina."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. CAVE and WHITE proposed the following Amendment No. 285 (Doc Name L:\council\legis\amend\JIC\5593HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSING OF COIN-OPERATED DEVICES, SO AS TO REQUIRE VIDEO GAMES WITH A FREE PLAY FEATURE TO BE LICENSED TO A PARTICULAR COUNTY FROM WHICH THEY MAY NOT BE MOVED, AND TO PROVIDE THAT ONE THOUSAND DOLLARS OF THE LICENSE FEE ON A MACHINE MUST BE REMITTED TO THE COUNTY WHERE IT IS LOCATED AND USED TO ROLL BACK AD VALOREM TAXES.
A. Section 12-21-2720 of the 1976 Code, as last amended by Act 497 of 1994, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) The license required pursuant to subsection (A)(3) of this section for a video game with a free play feature is granted for a location in a specific county which must be noted on the license and the machine, once licensed, may not be moved out of the county during the license period except for servicing. One thousand dollars of the license fee imposed pursuant to subsection (A) of this section on video games with a free play feature must be remitted to the county in which the machine is licensed. These funds must be used by the county governing body to roll back ad valorem taxes."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. WHITE explained the amendment.
Rep. FELDER moved to table the amendment.
Rep. CAVE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 16.
Reps. CROMER, COTTY, SHISSIAS, THOMAS, RICHARDSON, J. YOUNG, GAMBLE and STUART proposed the following Amendment No. 288 (Doc Name L:\council\legis\amend\JIC\5595HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1995, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, TO TERMINATE SALARY PAYMENTS TO OFFICERS AND EMPLOYEES SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.
A. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-110(A). Notwithstanding any other provision of this title, no state officer or employee convicted after June 30, 1995, of a felony under the laws of this State or the United States arising out of the performance of official duties is eligible to receive any benefits otherwise due the officer or employee from any of the state retirement systems except as provided in subsection (B). This ineligibility similarly applies to benefits which would otherwise be due the officer's or employee's surviving spouse or other beneficiary.
(B) When payment of benefits is denied under this section, the amounts actually contributed or deposited by the individual, less amounts previously refunded or paid as benefits must be refunded on an appropriate application therefor. The refund may be made to the individual or, if deceased, to the individual's beneficiary as previously designated to the applicable system.
(C) Salary payments to a state officer or employee convicted of a felony arising out of the performance of official duties paid in whole or in part from funds appropriated for personal service in Part IA of the annual general appropriations act must be terminated on the earlier of the officer's or employee's conviction or resignation or other separation.
(D) The provisions of this section apply to:
(1) all state employees first employed after June 30, 1995; and
(2) all state officers elected or appointed for a specific term of office for terms commencing after June 30, 1995."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. ANDERSON raised the Point of Order that Amendment No. 288 was out of order as it was not germane.
Rep. CROMER argued contra the Point.
The SPEAKER stated that it met the test of germaneness and he overruled the Point of Order.
Rep. CROMER continued speaking.
Rep. CROMER continued speaking.
Rep. CROMER spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. HODGES spoke against the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 302 (Doc Name L:\council\legis\amend\BBM\10004JM.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE A STATEWIDE REFERENDUM TO BE CONDUCTED ON NOVEMBER 7, 1995, ON THE QUESTION OF RAISING THE STATE SALES TAX FROM FIVE TO SIX PERCENT WITH THE ADDITIONAL REVENUE DEDICATED TO PROVIDING PROPERTY TAX RELIEF ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO PROVIDE THE QUESTION AND OTHER RELATED PROCEDURES FOR THE REFERENDUM, AND TO EXPRESS THE INTENTION OF THE GENERAL ASSEMBLY UPON A MAJORITY FAVORABLE VOTE TO ENACT A SALES TAX INCREASE AND OWNER-OCCUPIED RESIDENTIAL PROPERTY TAX RELIEF BILL IN THE 1996 SESSION OF THE GENERAL ASSEMBLY.
A. From the amount appropriated for Other Operating Expenses on line 37, page 59, the State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief. If the result of the referendum is "yes", then the Department of Revenue shall, from the additional revenues generated, repay the State Election Commission for operating expenses related to the 1996 Primary. If the result of the referendum is "no", the Department of Revenue shall repay the State Election Commission for costs associated with the 1996 Primary from funds carried forward from the prior fiscal year. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the General Assembly. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and crediting the additional revenue to a separate State Property Relief Fund which must be used only for the purpose of property tax relief for owner-occupied residential property in the manner that the General Assembly shall provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
B. If a majority of the qualified electors voting in the referendum provided in subsection A of this section vote in favor of raising the sales tax to provide owner-occupied residential property tax relief, it is the intention of the General Assembly to enact a sales tax increase and owner-occupied residential property tax relief bill in the 1996 Session of the General Assembly./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
Rep. BOAN continued speaking.
Rep. HASKINS raised the Point of Order that Amendment No. 302 was out of order as it was not germane as it did not affect any spending until the 1996 budget year.
Rep. BOAN argued contra the Point in stating that Page 2 of the amendment referred to other operating expenses and the Election Commission and the cost would be about $600,000.00 and it had been referenced.
The SPEAKER stated that the referendum would be in Nov. of 1995.
Rep. HASKINS stated that the substantial effect was to order the referendum as a question of the 1996 budget and it did not directly relate to an item in Part I.
Rep. BOAN stated that the property tax relief fund was in Part I and it would be funded by this. He further stated that there was precedence from last year and the same argument was used on the poker machine referendum.
Rep. HASKINS stated that the property tax line would only be affected in the 1996 property tax year and that would be the year following this budget.
Rep. BOAN stated that it did refer back to Part I.
The SPEAKER stated that he had met the test of referring back to Part I. He further stated that it still had to overcome the substantial effect.
Rep. BOAN stated that the payback was there because it would be germane by using Election Commission funds and take money from Department of Revenue carry forward funds.
Rep. McTEER stated that the entire effect of the amendment related to Part I, Page 59, Line 37 and that was where the money came from.
The SPEAKER stated that in order for it to be germane the provisions stated that it had to tell you how to spend the money, restrict the money or direct how to spend the money.
Rep. McTEER stated that it directed the Election Commission how to spend the money.
The SPEAKER stated that it did meet the criteria under Rule 5.3 and he overruled the Point of Order.
Rep. BOAN continued speaking.
Reps. HALLMAN, WALKER and H. BROWN spoke against the amendment.
Reps. McTEER and SPEARMAN spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McMahand Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Harris, J. Harvin Harwell Hines Hodges Howard Jennings Keyserling Kinon Lloyd Martin McCraw McElveen McTeer Moody-Lawrence Neal Neilson Phillips Scott Sheheen Shissias Spearman Stuart Townsend Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
I was on the phone and missed the vote to table Amendment No. 302. I would have voted "Yes" to table the amendment.
Rep. HARRY F. CATO
Rep. KNOTTS proposed the following Amendment No. 308 (Doc Name L:\council\legis\amend\JIC\5601CM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 8-11-83, OF THE 1976 CODE, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.
Section 8-11-83 of the 1976 Code, as added by Act 98 of 1987, is amended to read:
"Section 8-11-83. The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Emergency Medical Services Association and the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the association the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the association associations at any time engages engage in collective bargaining or encourages its encourage their members to strike."/
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 308 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. HALLMAN, WRIGHT and KEYSERLING proposed the following Amendment No. 312 (Doc Name L:\council\legis\amend\BBM\10009AC.95), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-5-185 SO AS TO AUTHORIZE ISSUANCE OF A TEMPORARY PERMIT TO SELL ALCOHOLIC LIQUORS IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR ON-PREMISES CONSUMPTION WHEN NEW YEAR'S EVE IS ON SATURDAY OR SUNDAY AND TO PROVIDE THAT REVENUE GENERATED ISSUANCE OF THESE PERMITS MUST BE CREDITED TO THE DEPARTMENT OF EDUCATION.
A. The 1976 Code is amended by adding:
"Section 61-5-185. (A) Notwithstanding the requirements of Section 61-5-180, licensees authorized to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption may purchase a temporary permit pursuant to that section when New Year's Eve is on Saturday or Sunday.
(B) Revenue generated by issuance of permits under this section must be credited to the Department of Education for expenditure under `Other Operating Expenses' of its `Business Industry Involvement' funding."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. KEYSERLING explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 49 to 23.
Rep. NEAL proposed the following Amendment No. 313 (Doc Name L:\council\legis\amend\PFM\7292AC.95), which was tabled.
Amend the bill, as and if amended, Part II,Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE OFFICE OF HUMAN RESOURCES TO USE FUNDS APPROPRIATED IN THE GENERAL APPROPRIATIONS ACT TO CREATE A REDUCTION IN FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE AND TO REQUIRE AGENCIES SEEKING TO HIRE FROM THIS POOL OF EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE IF THE PERSON IS QUALIFIED.
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.
(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.
(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if the 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."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. NEAL explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 38 to 33.
Reps. KNOTTS and LAW proposed the following Amendment No. 314 (Doc Name L:\council\legis\amend\DKA\3799CM.95), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSING OF COIN-OPERATED DEVICES, SO AS TO DELETE THE OPTIONAL COUNTY LICENSE FEE ON VIDEO GAMES WITH A FREE PLAY FEATURE, TO REQUIRE THESE GAMES TO BE LICENSED TO A PARTICULAR COUNTY FROM WHICH THEY MAY NOT BE MOVED, TO PROVIDE THAT ALL LICENSE FEE REVENUES FROM THESE MACHINES MUST BE REMITTED TO THE COUNTY WHERE THE MACHINES ARE LICENSED, AND TO PROVIDE THAT THESE REVENUES MUST BE USED TO ROLL BACK AD VALOREM TAXES.
A. Section 12-21-2720(D) of the 1976 Code, as added by Section 60, Part II, Act 164 of 1993, is amended to read:
"(D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of the regular license fee imposed pursuant to subsection (A) for the equivalent license period. The license required pursuant to subsection (A)(3) of this section for a video game with a free play feature is granted for a location in a specific county which must be noted on the license and the machine, once licensed, may not be moved out of the county during the license period except for servicing. All revenues from the license fees on video games with a free play feature must be remitted to the county for which the machine is licensed. These funds must be used by the county governing body to roll back ad valorem taxes."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. FLEMING spoke against the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 314 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. FLEMING moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Brown, H. Cain Carnell Cato Chamblee Clyburn Davenport Delleney Easterday Fair Felder Fleming Harris, J. Harris, P. Haskins Herdklotz Huff Jaskwhich Keegan Kirsh Klauber Koon Littlejohn Marchbanks Mason McCraw McMahand Meacham Moody-Lawrence Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Cave Cobb-Hunter Cooper Cotty Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harvin Hines Howard Hutson Jennings Kelley Keyserling Knotts Lanford Law Limbaugh Limehouse Lloyd Martin McElveen McTeer Neal Quinn Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, D. Spearman Stuart Thomas Townsend Whatley Whipper, S. White Wilkes Witherspoon Wofford Worley Wright Young, J.
So, the House refused to table the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Reps. HASKINS and H. BROWN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, G. Brown, J. Byrd Cave Cobb-Hunter Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Howard Knotts Law Limehouse Lloyd Martin McTeer Riser Rogers Scott Seithel Stuart Whatley Whipper, S. White Wilkes Wofford Worley Wright
Those who voted in the negative are:
Allison Anderson Baxley Boan Brown, H. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Davenport Delleney Easterday Fair Felder Fleming Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Limbaugh Littlejohn Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Young, A. Young, J.
So, the amendment was rejected.
Reps. LANFORD and NEAL proposed the following Amendment No. 315 (Doc Name L:\council\legis\amend\PFM\7292AC.95), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-185 SO AS TO AUTHORIZE THE OFFICE OF HUMAN RESOURCES TO USE FUNDS APPROPRIATED IN THE GENERAL APPROPRIATIONS ACT TO CREATE A REDUCTION IN FORCE APPLICANT POOL AND TO REQUIRE STATE AGENCIES TO REPORT TO THE OFFICE OF HUMAN RESOURCES INFORMATION ON EMPLOYEES AFFECTED BY A REDUCTION IN FORCE AND TO REQUIRE AGENCIES SEEKING TO HIRE FROM THIS POOL OF EMPLOYEES AFFECTED BY THE REDUCTION IN FORCE IF THE PERSON IS QUALIFIED.
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.
(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.
(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must consider hiring a person from that pool of employees if the person is qualified, as determined by the Office of Human Resources, to fill the position. An agency is prohibited from filling the position if the agency does not first seek to fill the position from among the qualified employees provided by the Office of Human Resources."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Reps. D. SMITH and FULMER proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\PFM\7248BDW.95), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-1220, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE-TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE CREDIT TO A SOLE PROPRIETOR, PARTNERSHIP, LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, CORPORATION OF ANY CLASSIFICATION, OR ASSOCIATION, ALLOW THE CREDIT TO BE CLAIMED AGAINST THE INDIVIDUAL INCOME TAX LIABILITY OF THE SOLE PROPRIETOR, PARTNER, SUB S CORPORATION SHAREHOLDER, AND LIMITED LIABILITY COMPANY OWNER, PROVIDE FOR THE MANNER OF CLAIMING THE CREDIT, AND DELETE PROVISIONS PREVIOUSLY LIMITING THE ELIGIBILITY FOR THE CREDIT FOR SHAREHOLDERS OF A SUB S CORPORATION TO A CORPORATION ELIGIBLE TO USE THE FEE IN LIEU OF TAX.
A. Section 12-7-1220 (A) through (G) of the 1976 Code, as last amended by Section 136A, Part II, Act 497 of 1994, are further amended to read:
"(A) Annually by December thirty-first, using the most current data available from the South Carolina Employment Security Commission and the United States Department of Commerce, the Department of Revenue and Taxation shall rank and designate the state's counties as provided in this section. The sixteen counties in this State having a combination of the highest unemployment rate and lowest per capita income for the most recent thirty-six-month period with equal weight being given to each category are designated less developed counties. The fifteen counties in the State with a combination of the next highest unemployment rate and next lowest per capita income for the most recent thirty-six-month period with equal weight being given to each category are designated moderately developed counties. The fifteen counties in the State with a combination of the lowest unemployment rate and the highest per capita income for the most recent thirty-six-month period with equal weight being given to each category are designated developed counties. Corporations Taxpayers which create new full-time jobs qualify for the appropriate tax credit as provided in subsections (B), (C), and (D). The designation by the Department of Revenue and Taxation is effective for corporate tax years which begin after the date of designation. For corporations taxpayers which plan a significant expansion in their labor forces at a South Carolina location, the appropriate commission agency shall prescribe certification procedures to ensure that the corporations taxpayers can may claim credits in future years without regard to whether or not a particular county is removed from the list of less developed or moderately developed counties.
(B) Corporations Taxpayers operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties designated by the commission department as less developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to one thousand dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding in the applicable county for the taxable year with the corresponding period of the prior taxable year. Only those corporations taxpayers that increase employment by ten or more in a less developed county are eligible for the credit. Credit is not allowed during the five years if the net employment increase falls below ten. The appropriate commission agency shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten.
(C) Corporations Taxpayers operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties that have been designated by the commission department as moderately developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to six hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees in the applicable county subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those corporations taxpayers that increase employment by eighteen or more in a county that has been designated moderately developed are eligible for the credit. The credit is not allowed during the five years if the net employment increase falls below eighteen. The appropriate commission agency shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of eighteen.
(D) Corporations Taxpayers operating manufacturing, tourism, processing, warehousing, distribution, research and development, and corporate office facilities in counties designated by the commission department as developed are allowed a job tax credit for taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 equal to three hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees in the applicable county subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those corporations taxpayers that increase employment by fifty or more in a county that has been designated developed are eligible for the credit. The credit is not allowed during the five years if the net employment increase falls below fifty. The appropriate commission agency shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of fifty.
(E) Tax credits for five years for the taxes imposed by Section 12-7-230 and for insurance premium taxes imposed pursuant to Chapter 7, Title 38 must be awarded for additional new full-time jobs created by corporations taxpayers qualified under subsections (B), (C), (D), and (I). Additional new full-time jobs must be determined by subtracting highest total employment of the corporation taxpayer during years two through six, or whatever portion of year two through six completed, from the total increased employment. The appropriate commission agency shall adjust the credit allowed for employment fluctuations during the additional five years of credit.
(F) The merger, consolidation, or reorganization of a corporation taxpayer where tax attributes survive does not create new eligibility in a succeeding corporation taxpayer, but unused job tax credits may be transferred and continued by the succeeding corporation taxpayer. In addition, a corporation taxpayer may assign its rights to its jobs tax credit to another corporation taxpayer if it transfers all, or substantially all, of the assets of the corporation taxpayer or all, or substantially all, of the assets of a trade or business or operating division of a corporation taxpayer related to the generation of the jobs tax credits to that corporation taxpayer if the required number of new jobs is maintained for that amount of credit. No corporation taxpayer is allowed a jobs tax credit if the net employment increase for that corporation taxpayer falls below ten for a less developed county, eighteen for a moderately developed county, or fifty for a developed county. The Department of Revenue and Taxation or Department of Insurance, as appropriate, shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings needed for substantiation and qualification.
(G) A credit claimed under this section but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the corporation taxpayer. However, the credit established by this section taken in one tax year must be limited to an amount not greater than fifty percent of the taxpayer's state corporate income tax or premium tax liability which is attributable to income or premiums derived from operations in the State for that year."
B. Section 12-7-1220(H)(3) of the 1976 Code, as added by Act 175 of 1989, is amended to read:
"(3) `Corporation Taxpayer' means a sole proprietor, partnership, corporation of any classification, limited liability company, or association taxable as a business entity which is subject to South Carolina taxes as contained in Section Sections 12-7-210 and 12-7-230 and Chapter 7, Title 38."
C. Section 12-7-1220(J) of the 1976 Code, as added by Section 97A, Part II, Act 164 of 1993, is amended to read:
"(J) (1) If a corporation qualifies to use the fee in lieu of property taxes provided in Section 4-29-67 and fails to qualify for a credit under this section solely because it is an S corporation, then each of the shareholders of the S corporation qualifies for a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.
(2) The amount of the credit allowed a shareholder by this subsection is equal to the shareholder's percentage of stock ownership for the taxable year multiplied by the amount of the credit the corporation would have been entitled to if it were not an S corporation.
(3) A credit claimed under this subsection but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the S corporation. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-7-210.
In addition to those credits allowed under subsections (B), (C), and (D) of this section:
(1) A corporation, partnership, or limited liability company that qualifies for a credit under this section as an S corporation, partnership, or limited liability company, entitles each shareholder of the S corporation, partner of the partnership, or member of the limited liability company to a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.
(2) The amount of the credit allowed a shareholder, partner, or owner of a limited liability company by this subsection is equal to the shareholder's percentage of stock ownership, partner's interest in the partnership, or member's interest in the limited liability company for the taxable year multiplied by the amount of the credit the taxpayer would have been entitled to if it were taxed as a corporation.
(3) A credit claimed under this subsection but not used in a taxable year may be carried forward for ten years from the close of the tax year in which the credit is earned by the S corporation, partnership, or limited liability company. However, the credit established by this section taken in one tax year may not exceed fifty percent of the taxpayer's tax liability under Section 12-7-210."
D. This section takes effect July 1, 1995./
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Rep. D. SMITH explained the amendment.
The amendment was then adopted.
Reps. D. SMITH and ROBINSON proposed the following Amendment No. 311 (Doc Name L:\council\legis\amend\BBM\10008AC.95), which was adopted.
Amend the bill, as and if amended, Part II, by striking beginning on line 1, and inserting:
TO AMEND SECTION 50-11-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MIGRATORY WATERFOWL COMMITTEE, SO AS TO REVISE THE COMMITTEE MEMBERS AND PROVIDE FOR THE USE OF FUNDS DERIVED FROM THE SALE OF MIGRATORY WATERFOWL STAMPS AND STAMP PRINTS.
A. Section 50-11-20 of the 1976 Code, as last amended by Section 1262, Act 181 of 1993, is further amended to read:
"Section 50-11-20. (A) As used in this article:
(1) `Board' means the governing body of the South Carolina Department of Natural Resources.
(2) `Committee' means the Migratory Waterfowl Committee.
(3) `Department' means the South Carolina Department of Natural Resources.
(4) `Migratory waterfowl' means members of the family `Anatidae', including brants, ducks, geese, and swans.
(B) There is created the Migratory Waterfowl Committee composed of nine members. The A designee, who is not a paid employee, of Ducks Unlimited Regional Director for of South Carolina and the immediate past and present chairman of Ducks Unlimited, a designee, who is not a paid employee, of the South Carolina Waterfowl Association, and the Chairman of the Board of the Department of Natural Resources, or his designee, shall serve ex officio. Two members are appointed by the Chairman of the Agriculture and Natural Resources Committee of the House of Representatives, two are appointed by the Chairman of the Fish, Game and Forestry Committee of the Senate, and two are appointed by the Governor, all of whom must be cognizant of waterfowl. The members of the committee shall serve for terms of three years and until successors are appointed and qualify. Vacancies are filled for the unexpired term in the manner of the original appointment. The members of the committee shall elect a chairman annually. Members of the committee are eligible to receive such the per diem, subsistence, and mileage as is provided by law for members of boards, commissions, and committees.
(C) The committee is responsible for the creation of the annual migratory waterfowl stamp provided in Section 50-9-155, shall provide the design to the department, and shall recommend regulations to the department for the creation of migratory waterfowl stamp prints, their administration, sale, and distribution, and other matters relating to the stamps and their prints. If the committee sells any of the stamps, it shall purchase them from the department for five dollars and fifty cents a stamp, all of which is retained by the department must be credited to the General Fund of the State. Funds derived from the The proceeds from the sale of prints and related artwork must be expended also must be credited to the General Fund of the State. An amount equal to the proceeds from the sale of these items shall be appropriated to the department and a portion of the funds appropriated to the department for other operating expenses of the Conservation, Education and Communications Division must be expended as follows:
(1) An amount equal to the portion of the funds necessary to make up fifty percent of the total funds derived from the sale of the migratory waterfowl stamps and the migratory waterfowl stamp prints must be transferred by the committee to the department to be used by the department for its specified projects. The projects may include, but are not limited to, projects which promote the propagation of waterfowl in South Carolina.
(2) Except for the amount necessary for the committee to administer and promote the sale of any prints, stamps, or related articles, an amount equal to the remainder of the funds derived from generated by the sale of the prints, stamps or and related articles must may be disbursed to an appropriate nonprofit organization as determined by the board for the development of waterfowl propagation projects within Canada. The projects must specifically must provide waterfowl for the Atlantic Flyway and must demonstrate evidence that the projects are acceptable to the appropriate governmental agencies having jurisdiction over the project areas.
(3) The committee shall have an annual audit of its finances conducted by the State Auditor and shall furnish a copy to the board."
B. This section takes effect July 1, 1995./
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Rep. D. SMITH explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 311 was out of order as it was not germane in that it did not relate to revenue in Part I. He further stated that Page 3 stated that it must be credited in the general fund but it had to already be added in Part I.
Rep. D. SMITH argued contra the Point in stating that they did take the money and run it through the general fund.
Rep. ROBINSON stated that on Page 4 it referred to Part I in stating that a portion of the funds appropriated for other operating expenses in the conservation, education and communications divisions and it spelled out how they were to be expended and it was under Part I under the Department of Natural Resources.
The SPEAKER stated that it did direct money and how it should be spent on Page 306, Line 38.
Rep. SHEHEEN stated that it only swapped the funds and the substantial effect was to reconstitute the composition of the committee.
The SPEAKER stated in being consistent with other rulings the key would be to tie it back into Part I making it directly relate to revenues or an appropriation reflected therein.
Rep. RICHARDSON stated that people were paid per diem and that was out of the general fund and, therefore, it would be germane.
The SPEAKER stated that the amendment needed to directly relate to revenues or an appropriation in Part I.
Rep. D. SMITH stated that this also changed where the money went. He further stated that before it went to the committee and now it went to the general fund.
Rep. ROBINSON stated that it did refer to per diem on Page 3.
The SPEAKER stated that it did satisfy the requirements of Rule 5.3 and he overruled the Point of Order.
Rep. SHEHEEN raised the Point of Order that Section A was out of order as it was not germane.
Rep. ROBINSON stated that he understood that it was improper to raise a Point of Order on a subsection.
The SPEAKER stated earlier in the day, there was a Point of Order raised on a subsection of a code section that was itself within a section of the Appropriations Bill and precedents have clearly said that you could not raise a Point on a subsection of the code in those circumstances.
Rep. SHEHEEN stated that he would raise the Point of Order on A and B.
The SPEAKER stated that Section A did not refer back to any appropriations in Part I and he sustained the Point of Order.
Rep. SHEHEEN further raised the Point of Order that Section B was out of order.
Rep. ROBINSON stated that the per diem provision was under Section B.
Rep. HASKINS stated that it was his understanding of the prior ruling that you could not raise a Point of Order on a subsection of a code section. He further stated that what Rep. Sheheen was referring to as B was a subsection under Section 50-11-20 and the entire Bill was one section of the law. He further stated that ruling on Subsection A or B would be the exact same as the ruling of the subsections raised on the Point of Order earlier.
The SPEAKER stated that he had misread it and at the bottom of Page 1 was Section A and Section B was on Page 5 and under the previous ruling earlier, you could make a Point of Order on germaneness on Section A and Section B. He further stated that when the first Point was raised on Section A, that he had looked on Page 2 and saw Subsection A under the section, but that was really a subsection of a code section. He then reversed the earlier ruling on Section A and he overruled the Points of Order for the same reasons he overruled the Point of Order relating to Subsection (B) of the code section.
Rep. KOON spoke in favor of the amendment.
The amendment was then adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up and rejected.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 31 was adopted was taken up and agreed to.
Reps. RICE, SHISSIAS and CARNELL proposed the following Amendment No. 259 (Doc Name L:\h-wm\legis\amend\TR.225), which was adopted.
Amend the bill, as and if amended, Part IA, Section 31, Department of Mental Health, page 240, line 12, opposite /other operating/ by decreasing the amounts in columns (5) and (6) by /$45,000/
Renumber sections & amend totals/title to conform.
Section 31 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 32 was adopted was taken up and agreed to.
Reps. RICE, SHISSIAS and CARNELL proposed the following Amendment No. 258 (Doc Name L:\h-wm\legis\amend\TR.226), which was adopted.
Amend the bill, as and if amended, Part IA, Section 32, Disabilities & Special Needs, page 246, line 24, opposite /other operating/ by decreasing the amounts in columns (5) and (6) by /$45,000/
Renumber sections & amend totals/title to conform.
Section 32 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 50 was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up and agreed to, by a division vote of 44 to 42.
Rep. QUINN proposed the following Amendment No. 240 (Doc Name L:\h-wm\legis\amend\DH.126), which was adopted.
Amend the bill, as and if amended, Part IB, Section 11, Attorney General, page 391, after line 24, by adding an appropriately numbered paragraph to read /the attorney general's office shall study the legal services available to all state agencies, institutions, boards and commissions including agency counsel, private counsel, and counsel of the attorney general's office and related expenses.
A report based on the study must include, but is not limited to, recommendations to reduce the costs of the services and to spend available monies in the most efficient way possible. The report must be presented to the Chairman of the Senate Finance Committee and House Ways and Means Committee by January 31, 1996. The study ends upon presentation of the report.
The study must be funded as follows:
Fifty thousand dollars appropriated to the Attorney General's Office for Operating Expenses, Section 11, Part IA of the 1995-96 General Appropriations Act/
Renumber sections & amend totals/title to conform.
Section 11 as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 17A was adopted was taken up.
Rep. H. BROWN moved to table the motion, which was agreed to.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 18M was adopted was taken up and agreed to.
Reps. JENNINGS and HALLMAN proposed the following Amendment No. 276 (Doc Name L:\h-wm\legis\amend\CJ.156), which was adopted.
Amend the bill, as and if amended, Part IB, Section 18m, page 416, line 11, by adding an appropriately numbered paragraph to read: /From the funds appropriated in Part 1A, Section 18MC, Program II. Family Practice for Classified Positions and Other Operating Expenses, the State Office of Rural Health shall compile the statistics on the number of graduates of USC School of Medicine and Medical University of South Carolina who are actually practicing medicine as primary care physicians in south carolina, with said statistics to include specific data as to the type of specialization of any internists and to include the number of graduates who are practicing in rural or underserved areas of this State; and such data shall be reported to the General Assembly by January 1, 1996./
Renumber sections & amend totals/title to conform.
Section 18M as amended was adopted.
The motion of Rep. H. BROWN to reconsider the vote whereby Section 68A was adopted was taken up and agreed to.
Rep. H. BROWN proposed the following Amendment No. 310 (Doc Name L:\h-wm\legis\amend\ff.400), which was adopted.
Amend the bill, as and if amended, Part IA, Section 68A, Aid to Subdivisions-Comptroller General, Page 0360, Line 7, opposite /Property Tax Relief Fund/ by decreasing the amounts in columns (5) and (6) by /$15,750,000/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 68A as amended was adopted.
Section 70 was adopted.
Section 71 was adopted.
Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.
Rep. H. BROWN gave notice of offering amendments on third reading.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. H. BROWN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Jennings Keegan Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw McMahand McTeer Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, T. Byrd Cave Cobb-Hunter Govan Hodges Howard Kelley Kirsh Lloyd McElveen Meacham Moody-Lawrence Neal Rogers Scott Simrill Whipper, L. Whipper, S. White Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
P. Harris (Present) Aye
Canty (Absent) Nay
The reason that I was not available to vote on the budget was because I had two prior commitments that were very important to my district and I had to leave at 4:00 P.M.
Rep. KENNETH KENNEDY
I had to leave early for an important meeting in my district. Had I been able to stay, I would have voted in favor of H. 3362.
Rep. HARRY R. ASKINS
I was not in the House Chamber when H. 3362 was voted on.
Please be advised that if I had been in attendance I would have voted Yes on H. 3362.
Rep. GEORGE H. BAILEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 17B-B&C Board - Div. of Operations
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY R. ASKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number 19A
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. HARRY R. ASKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number(s) 5 & 55
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. J. MICHAEL BAXLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) All sections regarding funding or regulation of Nursing Home Industry in sections of DHEC and HHSFC.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. WILLIAM D. BOAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number 35
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. THEODORE A. BROWN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 18B
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALMA W. BYRD
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 38
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. ALMA W. BYRD
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number 68B
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 69 IV & V
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 29
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 30
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 31
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 32
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 33
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number 35
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GILDA COBB-HUNTER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Numbers 63, 55, 5, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. WILLIAM F. COTTY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Numbers 56, 57, 58, 65, 63, 62, 55, 42, 5, 39, 35, 34, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Numbers 5, 13, 34, 65, 30, 29, 42, 31, 55, 58 and all Amendments
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Numbers 5, 32, 65, 30, 31, 42, 54, 58, 55
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number 17F and Amendment Number 16
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. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Numbers 18A and 18KA-18KH and all Amendments
The reason for abstaining on the above referenced legislation is:
A potential conflic0t 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). I am an employee of USC.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number 32
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JERRY N. GOVAN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Numbers 5, 63
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HARRISON
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 #: H. 3362 General Subject Matter: General Appropriation Bill, 1995
S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Comprehensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
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).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. C. ALEX HARVIN, III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 65, 63, 55, 42, 4A, 5, 39, 35, 34, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. B. HICKS HARWELL
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 65
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HODGES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 69
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HODGES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A and Part 1B, Section Number(s) 55 and/or any Amendment
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. THOMAS E. HUFF
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 55, 42, 5, 63
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUGLAS JENNINGS, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 18 and/or Amendment Number(s) 63
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. MARION H. KINON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 31
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 55, 4A, 5, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 72 and/or Amendment Number(s) 199
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES S. KLAUBER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. L. HUNTER LIMBAUGH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 65, 63, 62, 55, 42, 4A, 5, 35, 34
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. L. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 56, 5, 65, 55, 58
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOSEPH T. McELVEEN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 19XC
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. DENNY W. NEILSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 19X111
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. DENNY W. NEILSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 72 and/or Amendment Number(s) 199
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained on the following sections of H. 3362, the General Appropriations Bill, because of potential conflicts of interest and wish to have my recusals noted for the record in the House Journal.
Part 1A, Part 1B and Part II. Section Number(s) 5, 6C, 8, 11, 14, 17B, 30, 38, 39, 50, 51, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66.
The reasons for abstaining on the above referenced legislation are:
Potential conflicts 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);
Potential conflicts may exist under S.C. Code Section 8-13-740(C) because of representation of clients before particular agencies or commissions by me or individuals or businesses with whom I am associated; or
Potential conflicts may exist under S.C. Code Section 8-13-745(c) because of contracts for goods or services with agencies, commissions, boards, departments, or entities funded through the general appropriation bill by myself, individuals with whom I am associated in partnership with or businesses or partnerships in which I have a greater than 5% interest.
Rep. TIMOTHY F. ROGERS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part II, Amendment Number(s) 73
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. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 4A and/or Amendment Number(s) 93
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 34
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 39
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 56 & 58
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 63
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 72 and/or Amendment Number(s) 199
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 6C, 30, 41, 42, 50, 62, 63, 65, 58, 55, 4A, 5, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 19A
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
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IB, Section Number(s) 70 and/or Amendment Number(s) 199
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
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. PAULA H. THOMAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) Accounting Board
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) Film Division
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) Auctioneer's Commission
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 17D
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 24
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 25
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 56
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 58
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. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part IA, Section Number(s) 63
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/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:
Part 1A, Part 1B and Part II, Section Number(s) 56, 58, 57, 65, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11
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).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. W. JEFFREY YOUNG
Rep. HARWELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.
H. 3762 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING RICHARD P. "RICK" FELDER, III, OF COLUMBIA ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' DIVISION OF LAND RESOURCES AND CONSERVATION DISTRICTS 1994 OUTSTANDING DIVISION EMPLOYEE AWARD AND THE DEPARTMENT OF NATURAL RESOURCES MERITORIOUS SERVICE AWARD.
At 10:10 P.M. the House in accordance with the motion of Rep. SEITHEL adjourned in memory of Benny Lee Hunt of James Island, to meet at 12:00 Noon, Tuesday, March 14.
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