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:
Almighty God, Father of us all but who loves each one as if he were His only child, we confess our shortcomings and ask Your forgiveness. We are aware of where we have been. So help us this day to achieve that which will be right to our people, pleasing to our own consciences, but most of all pleasing to our God. Make us aware of our heritage, equal to our problems of today and encouraged by the outlook of the future. To that end, keep us steadfast as true and dedicated servants. Multiply our worthwhile accomplishments; bring to naught all that has been done amiss. Keep us in Your care and protection. 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. LOFTIS moved that when the House adjourns, it adjourn in memory of Doris Loftis Stepp, which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following were taken up for immediate consideration and accepted:
March 17, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Aviation Association the Members of the House of Representatives are invited to a luncheon. This event will be held at the Capital City Club on April 4, 2000, at 1:00 p.m. or upon adjournment.
Sincerely,
Tricia Greer
Executive Director
November 29, 1999
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina School Food Service Association the Members of the House of Representatives are invited to a breakfast/drop-in. This event will be held in Room 221 of the Blatt Building on April 6, 2000, from 8:30 a.m. to 10:30 a.m.
Sincerely,
Susan Cassels, Chair
Legislative Committee
March 20, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the S.C. Chapters of Alpha Kappa Alpha Sorority the Members of the House of Representatives are invited to a breakfast. This event will be held in Room 221 of the Blatt Building on April 19, 2000, from 8:00 to 10:00 a.m.
Sincerely,
Sheila McMillan
March 9, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Junior Golf Foundation the Members of the House of Representatives are invited to a reception. This event will be held at Billy G's Bar & Grill on April 26, 2000, from 6:00 to 8:00 p.m.
Sincerely,
Sheay K. Noel
Executive Director
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1051 (Word version) -- Senator Bryan: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION DESIGNATE HARPER STREET (HIGHWAY 221) SITUATED WITHIN THE CITY LIMITS OF LAURENS, SOUTH CAROLINA, AS THE PRESIDENT ANDREW JOHNSON MEMORIAL HIGHWAY AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
The following was introduced:
H. 4803 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION SALUTING JOHN THAMES, HEAD COACH OF THE LADY MONARCHS GIRLS BASKETBALL TEAM OF MANNING HIGH SCHOOL, FOR HIS BRILLIANT COACHING CAREER.
The Resolution was adopted.
The following was introduced:
H. 4804 (Word version) -- Rep. J. Brown: A HOUSE RESOLUTION TO CONGRATULATE MRS. JOHNNIE MAE CALDWELL ANDERSON OF COLUMBIA ON THE OCCASION OF HER SEVENTY-FIFTH BIRTHDAY AND TO WISH MRS. ANDERSON AND HER FAMILY AND MANY FRIENDS BEST WISHES ON THE OCCASION OF HER BIRTHDAY CELEBRATION TO BE HELD ON APRIL 8, 2000.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1267 (Word version) -- Senator Rankin: A CONCURRENT RESOLUTION TO RECOGNIZE THE RECREATIONAL OPPORTUNITIES AND ECONOMIC IMPACT OF CAMPING AND TO DECLARE MARCH 20-26, 2000, AS CAMPING AWARENESS WEEK IN SOUTH CAROLINA.
Whereas, camping is recognized around the world as a recreational activity important to people of all ages; and
Whereas, camping and camping activities increase the quality of life and recreational satisfaction of our citizens; and
Whereas, the camping industry in South Carolina represents an important contribution to the state's economy; and
Whereas, the South Carolina Campground Owners Association represents 12,000 camping sites at 33 campgrounds from the South Carolina coast to the mountains; and
Whereas, those campgrounds bring economic benefits to South Carolina, generating accommodations and sales taxes and keeping tourist dollars in the area; and
Whereas, the South Carolina Campground Owners Association is engaged in a continuing effort to promote the industry's goals and objectives of building a stronger camping presence in South Carolina and cooperating with the State Department of Parks, Recreation and Tourism and others in furthering the interest of camping. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly hereby declare the week of March 20-26, 2000, as Camping Awareness Week in South Carolina and urge all citizens to take advantage of the recreational opportunities camping offers.
Be it further resolved that a copy of this resolution be forwarded to Jay Coyle, president of the South Carolina Campground Owners Association, and to Kelly Smith, executive director of the association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4805 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 29-5-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE STATEMENT OF ACCOUNT WHICH MUST BE SERVED ON THE OWNER TO PRESERVE THE LIEN, AND THE CONTENTS OF THE STATEMENT, SO AS TO CHANGE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE TIME PERIOD FOR SERVICE AND FILING UNDER THIS SECTION.
Referred to Committee on Judiciary
H. 4806 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-703 SO AS TO RECOGNIZE GRITS AS THE OFFICIAL FOOD OF THE STATE.
Rep. ALTMAN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. HARRISON objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4807 (Word version) -- Rep. Parks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON J. STROM THURMOND LAKE AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
The following was introduced:
H. 4808 (Word version) -- Reps. Phillips and McCraw: A CONCURRENT RESOLUTION TO REQUEST THAT BOTH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY CONDUCT SEPARATE STUDIES OF THE COST AND FEASIBILITY OF ERECTING EITHER PLASTIC OR WOODEN CROSSES IN THE RIGHT-OF-WAY OF A HIGHWAY CONTAINING THE NAME OF A TRAFFIC FATALITY VICTIM WITH THE VICTIM-FAMILY'S PERMISSION, AND EXAMINE THE COST AND POTENTIAL BENEFIT OF ERECTING CROSSES AS COMPARED TO THE BENEFITS AND SUCCESSES ACHIEVED FROM THE STATE'S CURRENT HIGHWAY SAFETY INITIATIVES, AND REPORT THEIR FINDINGS TO THE SPEAKER OF THE HOUSE, HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE, HOUSE WAYS AND MEANS COMMITTEE, THE SPEAKER PRO TEMPORE OF THE SENATE, AND THE SENATE TRANSPORTATION COMMITTEE BY JANUARY 1, 2001.
The Resolution was ordered referred to the Committee on Education and Public Works.
The Senate sent to the House the following:
S. 1269 (Word version) -- Senator Washington: A CONCURRENT RESOLUTION TO HONOR AND COMMEND REVEREND DR. THOMAS MARCUS DIXON ON HIS RETIREMENT AFTER MORE THAN FIFTY YEARS OF SERVICE TO HIS CHURCH AND HIS COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Keegan Kelley Kirsh Knotts Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McKay McLeod, W. McMahand Meacham-Richardson Miller Neal, J.M. Neilson Ott Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 22.
James Klauber Kenneth Kennedy Greg Delleney Fletcher Smith Chip Huggins James Law Harry Askins Clementa Pinckney John Scott Douglas Jennings Bessie Moody-Lawrence James Smith Todd Rutherford Becky Martin Jerry Govan Bill Cotty Joseph Neal E.B. "Mac" McLeod Steve Lanford George Bailey Lynn Seithel Doug Smith Ralph Davenport Timothy Wilkes H.B. "Chip" Limehouse Jackson Whipper Ralph Canty Larry Koon
STATEMENT OF ATTENDANCE
Rep. SHARPE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, January 18.
Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.
Rep. D. SMITH and the Spartanburg Delegation presented to the House, David Pearson, Sports Illustrated top stock car driver of the twentieth century, for his outstanding career and his sterling example of sportsmanship.
The following was received:
Columbia, S.C., March 21, 2000
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.244, H.4635 by a vote of 42 to 1:
(R244, H4635 (Word version)) -- Reps. Webb, Rice, Robinson and Trotter: AN ACT TO PROVIDE THAT STUDENTS IN ANY SCHOOL IN THE SCHOOL DISTRICT OF PICKENS COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE DISTRICTS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
Very respectfully,
President
The following was received from the Senate:
Columbia, S.C., March 21, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 226 :
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CAMPSEN, J. SMITH and EASTERDAY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRELL moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to.
Rep. HARRELL moved that H.4776, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 1999-2000, be set for Special Order immediately after second reading of H.4775, and continue each day thereafter until given a second reading, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Part II.
Reps. WALKER, KOON, TOWNSEND, LITTLEJOHN, DAVENPORT, LANFORD and LEACH proposed the following Amendment No. 531 (Doc Name council\nbd\amend\11889ac00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12 SO AS TO INCREASE THE RATE OF THE STATE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX AND ONE FOURTH PERCENT ON ITEMS NOT SUBJECT TO A MAXIMUM TAX AND PROVIDE FOR THE CREDITING OF THE REVENUE OF THIS ADDITIONAL TAX TO A SEPARATE FUND STYLED THE "MOTOR VEHICLE AND HOMESTEAD PROPERTY TAX RELIEF FUND" AND TO CREDIT THE EXCESS REVENUE TO THE EDUCATION IMPROVEMENT ACT FUND; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES AND USE TAX ON MOTOR VEHICLES AND CERTAIN OTHER ITEMS, SO AS TO RAISE THIS MAXIMUM TAX TO FOUR HUNDRED TWENTY DOLLARS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS FROM SCHOOL OPERATING MILLAGE AND TO EXEMPT FROM TAX ONE HUNDRED PERCENT OF THE OTHERWISE TAXABLE VALUE OF AN OWNER-OCCUPIED RESIDENCE FROM SCHOOL OPERATING MILLAGE, TO PROVIDE FOR THE REIMBURSEMENT OF SCHOOL DISTRICTS FOR REVENUES NOT COLLECTED BECAUSE OF THESE EXEMPTIONS FROM THE MOTOR VEHICLE AND HOMESTEAD PROPERTY TAX RELIEF FUND AND FOR THE DISTRIBUTION OF EXCESS REVENUES; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
A. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. (A) An additional sales, use, and casual excise tax equal to one and one fourth percent is imposed on amounts taxable pursuant to this chapter. This additional tax does not apply to sales to an individual eighty-five years of age or older purchasing tangible personal property for his own personal use.
(B) The tax imposed pursuant to this article does not apply to any item subject to the maximum tax provisions of Section 12-36-2110.
(C) Revenue of the tax imposed pursuant to this article must be credited to a fund separate from the general fund of the State styled the 'Motor Vehicle and Homestead Property Tax Relief Fund'. Revenues in this fund must be used to reimburse school districts for revenues not collected because of the exemption allowed for private passenger motor vehicles and pickup trucks and owner-occupied residences. Amounts accumulating in this fund in excess of the amounts required for reimbursements must be credited to the Education Improvement Act Fund."
B. Subsections (A) and (B) of Section 12-36-2110 of the 1976 Code, as last amended by Act 431 of 1996, are further amended to read:
"(A) The maximum tax imposed by this chapter is three four hundred twenty dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three four hundred twenty dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be in writing and specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) if the result from (2) is no greater than six thousand dollars, multiply by five seven percent for the amount of tax due;
(4) if the result from (2) is greater than six thousand dollars, the tax due is three four hundred twenty dollars plus two four percent of the amount greater than six thousand dollars.
However, a manufactured home is exempt from any tax that may be due above three four hundred twenty dollars as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed, and the exemption on tax due above three four hundred twenty dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office."
C. Section 12-36-2120 of the 1976 Code, is amended by adding an appropriately numbered item at the end to read:
"( ) food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
D. Section 12-37-220(B) of the 1976 Code, as last amended by Act 149 of 1997, is amended by adding an appropriately numbered item at the end to read:
"( )(a) Subject to the requirements of subitem (b), one hundred percent of the fair market value of a motor vehicle which may be registered upon payment of the fees provided in Section 56-3-620 and a truck with an empty weight of not more than five thousand pounds is exempt from millage imposed for schools, not including millage levied for debt service and payments levied pursuant to lease purchase agreements for capital construction.
(b) One hundred percent of the fair market of property classified for property tax pursuant to Section 12-43-220(c) is exempt from all millage imposed for schools, not including millage levied for debt service and millage levied pursuant to lease purchase agreements for capital construction. This exemption is cumulative to the exemption provided in Section 12-37-251, and applies to value and millage not exempted pursuant to that section.
(c) Revenues not collected because of this exemption must be reimbursed to school districts from the Motor Vehicle and Homestead Property Tax Relief Fund in the manner provided in Section 12-37-270, mutatis mutandis, except that reimbursements must be made not less than quarterly."
E. This section takes effect July 1, 2000, and with respect to the amendments to Section 12-36-2110 of the 1976 Code contained in this section, applies to sales made or leases executed after June 30, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. KELLEY raised the Point of Order that Amendment No. 531 was in violation of Code Section 11-11-440 (A), which prohibits the General Assembly from increasing any general tax in the permanent provisions of the General Appropriation Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS proposed the following Amendment No. 550 (Doc Name council\gjk\amend\21141SD00.doc), which was adopted:
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 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE INTO WHICH A PARENT OR LEGAL GUARDIAN MAY REGISTER AN OBJECTION WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM PROVIDING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO THEIR CHILDREN UNDER SIXTEEN YEARS OF AGE; AND TO ADD SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM DISTRIBUTING OR USING CERTAIN STATE FUNDS TO DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A CHILD UNDER SIXTEEN YEARS OF AGE IF THE CHILD'S PARENT OR LEGAL GUARDIAN HAS REGISTERED AN OBJECTION WITH THE DEPARTMENT PURSUANT TO SECTION 44-1-115 ABOVE.
A. The 1976 Code is amended by adding:
"Section 44-1-115. (A) The Department of Health and Environmental Control shall develop a data base into which a parent, legal guardian, or one acting in loco parentis to a child under sixteen years of age may register a written objection with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child under sixteen years of age.
The department shall publish and distribute informational brochures to schools, physicians, and health care agencies and facilities which include procedures for registration and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors."
B. The 1976 Code is amended by adding:
"Section 44-1-117. Notwithstanding any other provision of law, the Department of Health and Environmental Control any other state agency or department, or a person acting on behalf of an agency or department may not distribute or use funds appropriated to it for family health and STD/HIV control for the distribution of condoms or other types of contraceptives to a child under sixteen years of age if the child's parent, legal guardian, or one acting in loco parentis has registered an objection with the Department of Health and Environmental Control pursuant to Section 44-1-115." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. LOURIE raised the Point of Order that Amendment No. 550 was out of order in that Section 9 had been clinched and the amendment attempted to increase appropriations.
Rep. HARRELL stated that the amendment did not affect appropriations, but was merely a directive of how the appropriations are to be spent.
SPEAKER WILKINS overruled the Point of Order.
Rep. HASKINS continued speaking.
Rep. J. SMITH raised the Point of Order that Amendment No. 550 was out of order under Rule 5.3B in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. JENNINGS moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Breeland Brown, J. Brown, T. Clyburn Cobb-Hunter Dantzler Gourdine Harris Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Knotts Lloyd Lourie Mack McLeod, W. Miller Moody-Lawrence Pinckney Rodgers Scott Smith, J. Stuart
Those who voted in the negative are:
Allen Allison Altman Bales Barfield Barrett Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Delleney Easterday Edge Emory Frye Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Koon Law Leach Littlejohn Loftis Lucas Maddox McCraw McGee McKay Meacham-Richardson Neilson Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. EASTERDAY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Bowers Brown, H. Brown, T. Campsen Carnell Cato Chellis Cooper Cotty Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox McCraw McGee McKay Meacham-Richardson Neal, J.M. Neilson Perry Phillips Quinn Rice Riser Robinson Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon
Those who voted in the negative are:
Breeland Brown, G. Cobb-Hunter Dantzler Gourdine Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Lourie Mack McLeod, M. Miller Moody-Lawrence Pinckney Rodgers Scott Smith, F. Smith, J. Stuart
So, the amendment was adopted.
Rep. CAMPSEN proposed the following Amendment No. 551 (Doc Name gcc\parental medical rights act.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO ENACT THE SOUTH CAROLINA PARENTAL MEDICAL RIGHTS ACT INCLUDING PROVISIONS TO AMEND SECTION 44-29-135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF SEXUALLY TRANSMITTED DISEASE RECORDS, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO NOTIFY THE PARENTS OF A MINOR WITH A KNOWN CASE OF A SEXUALLY TRANSMITTED DISEASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Parental Medical Rights Act".
SECTION 2. Section 44-29-135 of the 1976 Code, as amended by Act 490 of 1988, is further amended to read:
"Section 44-29-135. All information and records held by the Department of Health and Environmental Control and its agents relating to a known or suspected case of a sexually transmitted disease are strictly confidential except as provided in this section. The information must not be released or made public, upon subpoena or otherwise, except under the following circumstances:
(a) release is made of medical or epidemiological information for statistical purposes in a manner that no individual person can be identified; or
(b) release is made of medical or epidemiological information with the consent of all persons identified in the information released;
(c) release is made of medical or epidemiological information to the extent necessary to enforce the provisions of this chapter and related regulations concerning the control and treatment of a sexually transmitted disease;
(d) release is made of medical or epidemiological information to medical personnel to the extent necessary to protect the health or life of any person; or
(e) in cases involving a minor, the name of the minor and medical information concerning the minor must be reported to the parents or guardian of the minor or to a person standing in loco parentis to the minor, if the minor has a known case of a sexually transmitted disease, and to appropriate agents if a report is required by the Child Protection Act of 1977. No further information is required to be released by the department. If a minor has Acquired Immunodeficiency Syndrome (AIDS) or is infected with Human Immunodeficiency Virus (HIV), the virus that causes AIDS, and is attending the public schools, the superintendent of the school district and the nurse or other health professional assigned to the school the minor attends must be notified."
SECTION 3. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 551 was out of order under Rule 5.3 in that it did not relate to a line item in Part I of the Bill.
Rep. CAMPSEN stated that it was tied in to Part I of the Bill, specifically Section 9, page 141, line 38, "Other Operating Expenses".
SPEAKER WILKINS overruled the Point of Order.
Rep. CAMPSEN continued speaking.
Rep. J. SMITH raised the Point of Order that Amendment No. 551 was out of order in that Section 9 had been clinched and the amendment affected appropriations in the Bill.
Rep. CAMPSEN argued contra.
Rep. JENNINGS stated that the amendment would have a substantial effect on the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. LANFORD spoke against the amendment.
Rep. JENNINGS raised the Point of Order that Amendment No. 551 was out of order in that Section 9 had been clinched and the amendment affected appropriations in the Bill based on documentation from the Department of Health and Environmental Control.
SPEAKER WILKINS stated that there was no degree of certainty that the amendment directly affected appropriations in Part I of the Bill and he therefore overruled the Point of Order.
Rep. LANFORD continued speaking.
Rep. JENNINGS moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Emory Gourdine Govan Harris Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Lanford Law Lee Lloyd Lourie Mack Maddox Martin McCraw McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rodgers Rutherford Scott Sheheen Smith, D. Smith, F. Smith, J. Stuart Taylor Walker Webb Whatley Whipper Wilder Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Brown, H. Campsen Cato Cooper Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Lucas McGee Meacham-Richardson Quinn Rice Riser Robinson Sandifer Simrill Smith, R. Townsend Tripp Trotter Witherspoon
So, the amendment was tabled.
Rep. GOVAN moved to reconsider the vote whereby Amendment No. 550 was adopted and the motion was noted.
Rep. STILLE proposed the following Amendment No. 563 (Doc Name council\dka\amend\3782mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO THE ALLOCATION OF SCHOLARSHIP GRANTS TO STUDENTS ATTENDING INDEPENDENT COLLEGES, SO AS TO PROVIDE THAT THE FUNDS MADE AVAILABLE FROM THE HIGHER EDUCATION SCHOLARSHIP GRANT ALLOCATION FROM THE CHILDREN'S EDUCATION ENDOWMENT BE ALLOCATED BETWEEN INDEPENDENT AND PUBLIC COLLEGES IN THE SAME PERCENTAGE AS THE INDEPENDENT COLLEGES' SHARE OF THE TOTAL SOUTH CAROLINA RESIDENT UNDERGRADUATE FULL-TIME ENROLLMENT OF ALL FOUR-YEAR HIGHER EDUCATION INSTITUTIONS.
A. Section 59-143-30(1) of the 1976 Code, as added by Section 20C, Part II, Act 458 of 1996, is amended to read:
"(1) Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under provided by Section 59-143-10 of the 1976 Code for any year, a percentage thereof of them must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall must be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all four-year public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission." /
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Rep. STILLE explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. STILLE demanded the yeas and nays which were not ordered.
The amendment was then tabled.
Rep. STILLE proposed the following Amendment No. 564 (Doc Name council\gjk\amend\21078sd00.doc), which was tabled:
Amend the bill, as and if amended, PART II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-149-50 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO DELAY FOR A PERIOD OF TWO SCHOOL YEARS THE REQUIRED SCHOLASTIC APTITUDE TEST SCORES THAT APPLY BEGINNING WITH SCHOOL YEAR 2000-2001.
Section 59-149-50(A), as added by Act 418 of 1998, of the 1976 Code is amended to read:
"(A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001 2002-2003, and 1100 or better beginning with school year 2002-2003 2004-2005; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."/
Renumber sections to conform.
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Rep. STILLE explained the amendment.
Rep. OTT spoke against the amendment.
Rep. BALES spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. STILLE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Vaughn Webb Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Barfield Battle Breeland Brown, J. Brown, T. Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rhoad Scott Sharpe Sheheen Simrill Smith, F. Stille Walker Whipper Wilder Wilkes Witherspoon
So, the amendment was tabled.
The motion of Rep. GOVAN to reconsider the vote whereby Amendment No. 550 was adopted was taken up.
Rep. LANFORD spoke in favor of the motion to reconsider.
Rep. LANFORD spoke in favor of the motion to reconsider.
Rep. HASKINS spoke against the motion to reconsider.
Rep. HASKINS moved to table the motion to reconsider.
Rep. MOODY-LAWRENCE demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Cooper Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Huggins Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Meacham-Richardson Quinn Rice Riser Robinson Sandifer Sheheen Simrill Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Dantzler Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Lanford Law Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rodgers Rutherford Scott Seithel Sharpe Smith, F. Smith, J. Stuart Webb Whatley Whipper Wilder Wilkes Woodrum
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HASKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Chellis Clyburn Cobb-Hunter Cotty Dantzler Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hinson Hosey Howard Jennings Kennedy Lanford Law Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rodgers Rutherford Scott Seithel Sharpe Smith, F. Smith, J. Stuart Webb Whatley Whipper Wilder Wilkes Woodrum
Those who voted in the negative are:
Allison Barfield Barrett Brown, H. Campsen Carnell Cato Cooper Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Huggins Keegan Kelley Kirsh Klauber Knotts Leach Littlejohn Loftis Meacham-Richardson Quinn Rice Riser Robinson Sandifer Sheheen Simrill Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Wilkins Witherspoon
So, the motion to reconsider was agreed to.
Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 565 (Doc Name council\gjk\amend\21077sd00.doc), which was tabled:
Amend the bill, as and if amended, PART II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-149-50 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO DELAY FOR A PERIOD OF ONE SCHOOL YEAR THE REQUIRED SCHOLASTIC APTITUDE TEST SCORES THAT APPLY BEGINNING WITH SCHOOL YEAR 2000-2001.
Section 59-149-50(A), as added by Act 418 of 1998, of the 1976 Code is amended to read:
"(A) To be eligible for a LIFE Scholarship, a student must be either a member of a class graduating from a high school located in this State on or after May, 1995, a home school student who has successfully completed a high school home school program in this State in the manner required by law on or after May, 1995, or a student graduating from a preparatory high school outside this State on or after May, 1995, while a dependent of a parent or guardian who is a legal resident of this State and has custody of the dependent, and these students must also meet the requirements of subsection (B). In addition, beginning with the 1998-99 school year for those students who graduate from high school on or after May, 1998, the student must have graduated from high school with a minimum of a 3.0 cumulative grade average on a 4.0 scale, and have scored 1000 or better on the Scholastic Aptitude Test (SAT) or have the equivalent ACT score, 1050 or better beginning with school year 2000-2001 2001-2002, and 1100 or better beginning with school year 2002-2003 2003-2004; provided that if the student is to attend such a public or independent two-year college or university in this State, including a technical college, the SAT requirement does not apply. If a student chooses to attend such a public or independent institution of this State and does not make the required SAT score or the required high school grade point average, as applicable, the student may earn a LIFE Scholarship after his freshman year if he meets the grade point average and semester credit hour requirements of subsection (B)."/
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Rep. STILLE explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. HAMILTON proposed the following Amendment No. 610 (Doc Name council\dka\amend\3797mm00.doc), 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 10-1-225 SO AS TO REQUIRE LIBRARIES RECEIVING STATE FUNDS, OTHER THAN LIBRARIES AT INSTITUTIONS OF HIGHER LEARNING, THAT HAVE COMPUTERS AVAILABLE FOR PUBLIC OR STUDENT USE TO EQUIP THESE COMPUTERS, EXCEPT FOR AT LEAST ONE COMPUTER BUT NOT MORE THAN TEN PERCENT OF THE TOTAL NUMBER OF COMPUTERS, WITH WEB-FILTERING SOFTWARE TECHNOLOGY THAT ELIMINATES OR REDUCES ACCESS TO WEB SITES DISPLAYING PORNOGRAPHY AND TO HAVE A POLICY PROVIDING SANCTIONS AGAINST A PERSON WHO INSTRUCTS OR DEMONSTRATES TO ANOTHER HOW TO BYPASS THIS SOFTWARE; TO REDUCE STATE FUNDS TO A LIBRARY NOT IN COMPLIANCE WITH THESE REQUIREMENTS; AND TO PROVIDE CRIMINAL PENALTIES FOR INSTRUCTING OR DEMONSTRATING HOW TO BYPASS THIS WEB-FILTERING SOFTWARE.
The 1976 Code is amended to by adding:
"Section 10-1-225. (A) A library receiving state funds, directly, indirectly, by grant, or otherwise, other than a library at an institution of higher learning, that has computers available for use by the public or students, or both, must equip these computers with software incorporating web-filtering technology designed to eliminate or reduce the ability of the computer to access sites displaying pornographic pictures or text. However, up to ten percent, and at least one, of the library's computers must be unfiltered. These unfiltered computers must be located where use of the computer can be monitored continuously by library personnel, and must have a privacy hood. The library also must have a written policy providing sanctions against a person who instructs or demonstrates to another person how to bypass this web-filtering technology.
(B) State funds intended for a library not in compliance with subsection (A) must be reduced by fifty percent. Funds resulting from this reduction must be distributed among other libraries that are in compliance with subsection (A).
(C) It is unlawful for a person to access, or instruct or demonstrate to another how to access, pornographic pictures or text on a library computer that is available for use by the public or students, or both, through bypassing web-filtering software designed to reduce or eliminate such access on a computer. A person who violates this subsection is guilty of a misdemeanor and, upon conviction, must be fined up to five hundred dollars or imprisoned up to thirty days."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAMILTON explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 610 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. HAMILTON argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. HAMILTON continued speaking.
Rep. MILLER spoke against the amendment.
Rep. WILKES spoke against the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. WILKES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Cotty Dantzler Emory Gourdine Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Kirsh Lanford Lee Limehouse Lloyd Lourie Lucas Mack Maddox Martin McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Stille Taylor Webb Wilder Wilkes Woodrum
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Davenport Delleney Easterday Edge Fleming Frye Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Klauber Knotts Koon Law Leach Littlejohn Loftis McCraw Meacham-Richardson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Young-Brickell
So, the amendment was tabled.
Reps. JENNINGS and YOUNG-BRICKELL proposed the following Amendment No. 622 (Doc Name skb\amend\18272som00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING ARTICLE 12 SO AS TO ENACT THE NATIONAL CRIME PREVENTION AND PRIVACY COMPACT ACT OF 2000 WHICH INCLUDES PROVISIONS FOR THE STATE TO JOIN A COMPACT WITH THE FEDERAL GOVERNMENT AND OTHER STATES AS COMPACT PARTIES, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE IT IS THE POLICY OF THE STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT WHICH INCLUDE PROVIDING A LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF A COOPERATIVE FEDERAL-STATE SYSTEM FOR THE INTERSTATE AND FEDERAL-STATE EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE USES, AND TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION IS DESIGNATED AS THE CRIMINAL HISTORY RECORD REPOSITORY FOR THE STATE AS REQUIRED BY THE COMPACT.
A. Chapter 3, Title 23 of the 1976 Code is amended by adding:
Section 23-3-1000. The General Assembly finds that:
(1) It is in the interest of the state to facilitate the dissemination of criminal history records from other states for use in South Carolina as authorized by state law.
(2) The National Crime Prevention and Privacy Compact creates a legal framework for the cooperative exchange of criminal history records for noncriminal justice purposes.
(3) The compact provides for the organization of an electronic information-sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
(4) Under the compact, the Federal Bureau of Investigation (FBI) and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and party states for authorized purposes.
(5) The FBI shall manage the federal data facilities that provide a significant part of the infrastructure for the system.
(6) Entering into the compact would facilitate the interstate and federal-state exchange of criminal history information to streamline the processing of background checks for noncriminal justice purposes.
(7) Release and use of information obtained through the system for noncriminal justice purposes would be governed by the laws of the receiving state.
(8) Entering into the compact will provide a mechanism for establishing and enforcing uniform standards for record accuracy and for the confidentiality and privacy interests of record subjects.
Section 23-3-1010. This article may be cited as the 'National Crime Prevention and Privacy Compact Act of 2000'.
Section 23-3-1020. The National Crime Prevention and Privacy Compact is enacted into law by this State and entered into with all jurisdictions legally joining in the compact in the form substantially as set forth in this section.
As used in this compact, the following definitions apply:
(1) 'Attorney general' means the attorney general of the United States.
(2) 'Compact officer' means:
(a) with respect to the federal government, an official so designated by the director of the FBI; and
(b) with respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.
(3) 'Council' means the compact council established under Article VI.
(4) 'Criminal history record repository' means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the State. The South Carolina Criminal History Record Repository is a component of the State Law Enforcement Division.
(5) (a) 'Criminal history records' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release.
(b) The term does not include identification information such as fingerprint records if the information does not indicate involvement of the individual with the criminal justice system.
(6) 'Criminal justice' includes activities relating to the detection, apprehension, detention, pretrial release, post trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.
(7) (a) 'Criminal justice agency' means:
(i) courts; and
(ii) a governmental agency or any subunit of an agency that performs the administration of criminal justice pursuant to a statute or executive order and allocates a substantial part of its annual budget to the administration of criminal justice.
(b) The term includes federal and state inspector general offices.
(8) 'Criminal justice services' means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.
(9) 'Direct access' means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.
(10) 'Executive order' means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.
(11) 'FBI' means the Federal Bureau of Investigation.
(12) (a) 'III system' means the interstate identification index system, which is the cooperative federal-state system for the exchange of criminal history records.
(b)The term includes the national identification index, the national fingerprint file, and to the extent of their participation in the system, the criminal history record repositories of the states and the FBI.
(13) 'National fingerprint file' means a database of fingerprints or of other uniquely personal identifying information that relates to an arrested or charged individual and that is maintained by the FBI to provide positive identification of record subjects indexed in the III system.
(14) 'National identification index' means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III system.
(15) 'National indices' means the national identification index and the national fingerprint file.
(16) 'Noncriminal justice purposes' means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.
(17) 'Nonparty state' means a state that has not ratified this compact.
(18) 'Party state' means a state that has ratified this compact.
(19) 'Positive identification' means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system. Identifications based solely upon a comparison of subjects names or other nonunique identification characteristics or numbers, or combinations thereof, does not constitute positive identification.
(20) 'Sealed record information' means:
(a) with respect to adults, that portion of a record that is:
(i) not available for criminal justice uses;
(ii) not supported by fingerprints or other accepted means of positive identification; or
(iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
(b) with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.
(21) 'State' means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
The purposes of this compact are to:
(1) provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
(2) require the FBI to permit use of the national identification index and the national fingerprint file by each party state and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
(3) require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
(4) provide for the establishment of a council to monitor III system operations and to prescribe system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes; and
(5) require the FBI and each party state to adhere to III system standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
(1) The director of the FBI shall:
(a) appoint an FBI compact officer who shall:
(i) administer this compact within the Department of Justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(3);
(ii) ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the Department of Justice and the federal agencies and other agencies and organizations referred to in subsection (1)(a)(i) of this Article III; and
(iii) regulate the use of records received by means of the III system from party states when such records are supplied by the FBI directly to other federal agencies;
(b) provide to federal agencies and to state criminal history record repositories criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:
(i) information from nonparty states; and
(ii) information from party states that is available from the FBI through the III system, but is not available from the party state through the III system;
(c) provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV and ensure that the exchange of the records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
(d) modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
(2) Each party state shall:
(a) appoint a compact officer who shall:
(i) administer this compact within that state;
(ii) ensure that compact provisions and rules, procedures, and standards established by the council under Article VI are complied with in the state; and
(iii) regulate the in-state use of records received by means of the III system from the FBI or from other party states;
(b) establish and maintain a criminal history record repository, which shall provide:
(i) information and records for the national identification index and the national fingerprint file; and
(ii) the state's III system-indexed criminal history records for noncriminal justice purposes described in Article IV;
(c) participate in the national fingerprint file; and
(d) provide and maintain telecommunications links and related equipment necessary to support the criminal justice services set forth in this compact.
(3) In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III system operation.
(4) (a) Use of the III system for noncriminal justice purposes authorized in this compact must be managed so as not to diminish the level of services provided in support of criminal justice purposes.
(b) Administration of compact provisions may not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
(1) To the extent authorized by Section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), the FBI shall provide on request criminal history records, excluding sealed record information, to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general to ensure that the state statute explicitly authorizes national indices checks.
(2) The FBI, to the extent authorized by Section 552a of Title 5, United States Code (commonly known as the Privacy Act of 1974), and state criminal history record repositories shall provide criminal history records, excluding sealed record information, to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General to ensure that the state statute explicitly authorizes national indices checks.
(3) Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records and shall:
(a) ensure that records obtained under this compact are used only by authorized officials for authorized purposes;
(b) require that subsequent record checks are requested to obtain current information whenever a new need arises; and
(c) ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate 'no record' response is communicated to the requesting official.
(1) Subject fingerprints or other approved forms of positive identification must be submitted with all requests for criminal history record checks for noncriminal justice purposes.
(2) Each request for a criminal history record check utilizing the national indices made under any approved state statute must be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if the request is transmitted through another state criminal history record repository or the FBI.
(3) Each request for criminal history record checks utilizing the national indices made under federal authority must be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which the request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories may not be permitted for noncriminal justice purposes.
(4) A state criminal history record repository or the FBI:
(a) may charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
(b) may not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
(5) (a) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, must be forwarded to the FBI for a search of the national indices.
(b) If, with respect to a request forwarded by a state criminal history record repository under subsection (5)(a), the FBI positively identifies the subject as having a III system-indexed record or records:
(i) the FBI shall so advise the state criminal history record repository; and
(ii) the state criminal history record repository is entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
(1) (a) There is established a council to be known as the compact council, which has the authority to promulgate rules and procedures governing the use of the III system for noncriminal justice purposes, not to conflict with FBI administration of the III system for criminal justice purposes.
(b) The council shall:
(i) continue in existence as long as this compact remains in effect;
(ii) be located, for administrative purposes, within the FBI; and
(iii) be organized and hold its first meeting as soon as practicable after the effective date of this compact.
(2) The council must be composed of fifteen members, each of whom must be appointed by the attorney general, as follows:
(a) nine members, each of whom shall serve a two-year term, who must be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states must be eligible to serve on an interim basis;
(b) two at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom:
(i) one must be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and
(ii) one must be a representative of the noncriminal justice agencies of the federal government;
(c) two at-large members, nominated by the chairman of the council once the chairman is elected pursuant to subsection (3) of this Article VI, each of whom shall serve a three-year term, of whom:
(i) one must be a representative of state or local criminal justice agencies; and
(ii) one must be a representative of state or local noncriminal justice agencies;
(d) one member who shall serve a three-year term and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board;
(e) one member, nominated by the director of the FBI, who shall serve a three-year term and who must be an employee of the FBI.
(3) (a) From its membership, the council shall elect a chairman and a vice chairman of the council. Both the chairman and vice chairman of the council:
(i) must be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and
(ii) shall serve two-year terms and may be reelected to only one additional two-year term.
(b) The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.
(4) (a) The council shall meet at least once each year at the call of the chairman. Each meeting of the council must be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at the meeting.
(b) A majority of the council or any committee of the council shall constitute a quorum of the council or of a committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
(5) The council shall make available for public inspection and copying at the council office within the FBI and shall publish in the federal register any rules, procedures, or standards established by the council.
(6) The council may request from the FBI reports, studies, statistics, or other information or materials that the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide assistance or information upon a request.
(7) The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.
This compact takes effect upon being entered into by two or more states as between those states and the federal government. When additional states subsequently enter into this compact, it becomes effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact has the full force and effect of law within the ratifying jurisdictions. The form of ratification must be in accordance with the laws of the executing state.
(1) Administration of this compact may not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
(2) Nothing in this compact may require the FBI to obligate or expend funds beyond those appropriated to the FBI.
(3) Nothing in this compact may diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(1), regarding the use and dissemination of criminal history records and information.
(1) This compact shall bind each party state until renounced by the party state.
(2) Any renunciation of this compact by a party state must:
(a) be effected in the same manner by which the party state ratified this compact; and
(b) become effective one hundred eighty days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
The provisions of this compact must be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or to the Constitution of the United States or if the applicability of any phrase, clause, sentence, or provision of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of the remainder of the compact to any government, agency, person, or circumstance may not be affected by the severability. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact must remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
(1) The council:
(a) has initial authority to make determinations with respect to any dispute regarding:
(i) interpretation of this compact;
(ii) any rule or standard established by the council pursuant to Article VI; and
(iii) any dispute or controversy between any parties to this compact; and
(b) shall hold a hearing concerning any dispute described in subsection (1)(a) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. The decision must be published pursuant to the requirements of Article VI(5).
(2) The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, to maintain system policy and standards, to protect the accuracy and privacy of records, and to prevent abuses until the council holds a hearing on the matters.
(3) The FBI or a party state may appeal any decision of the council to the attorney general and after that appeal may file suit in the appropriate district court of the United States that has original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court must be removed to the appropriate district court of the United States in the manner provided by Section 1446 of Title 28, United States Code, or other statutory authority."
B. Monies appropriated in this year's Appropriations Act to the State Law Enforcement Division in Part 1A, SECTION 56B on line 8, page 345, under "c. Crime Information Systems, Other Operating Expenses" must be used to implement the provisions of this section. /
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Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Reps. CARNELL and JENNINGS proposed the following Amendment No. 626 (Doc Name council\gjk\amend\21126SD00.doc), which was adopted:
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 9-9-51 SO AS TO PROVIDE THAT FOR PURPOSES OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, MEMBERS OF THE SYSTEM MAY RECEIVE ADDITIONAL CREDITED SERVICE FOR SERVICE IN THE SELECTED RESERVE OF ANY RESERVE COMPONENTS OF THE ARMED FORCES OF THE UNITED STATES IN THE SAME MANNER SUCH MEMBERS MAY RECEIVE ADDITIONAL CREDITED SERVICE FOR SERVICE IN THE NATIONAL GUARD.
The 1976 Code is amended by adding:
"Section 9-9-51. Members of the General Assembly retirement system may receive additional credited service for service in the selected reserve of any reserve components of the armed forces of the United States in the same manner and under the same terms and conditions such members may receive additional credited service for service in the national guard as provided by this chapter."/
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Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 642 (Doc Name council\dka\amend\3800mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-21-620, AS AMENDED, OF THE 1976 CODE, RELATING TO TAX RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY CIGARETTE ROLLING PAPER TO MINORS, TO REVISE PENALTIES FOR VIOLATION, TO PROVIDE THAT A VIOLATION MUST BE TRIED IN MAGISTRATE'S COURT, AND TO PROVIDE FOR DISBURSEMENT TO THE TREASURER OF FINES COLLECTED IN HIS CITY OR COUNTY.
A. Section 12-21-620(1) of the 1976 Code, as last amended by Act 239 of 1996, is further amended to read:
"(1) upon all cigarettes made of tobacco or any a substitute for tobacco, three and one-half mills on each cigarette, and on each sheet of cigarette rolling paper designed for use by an individual to make a cigarette, ten and one-half mills;"
B. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper or cigarette rolling paper, or any a substitute therefor for them. Any A person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:
(1) for a first offense, by a fine not exceeding twenty-five one hundred dollars;
(2) for a second offense, by a fine not exceeding fifty two hundred dollars; and
(3) for a third or subsequent offense, by a fine of not less than one two hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.
Notwithstanding any other provision of law, a violation of this section must be tried in magistrate's court.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred."
C. This section is effective for sales made on and after the first day of the first month following the month in which the section is approved by the Governor. /
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Rep. KIRSH explained the amendment.
Rep. BATTLE raised the Point of Order that Amendment No. 642 was in violation of Code Section 11-11-440 (A), which prohibits the General Assembly from increasing any general tax in the permanent provisions of the General Appropriation Bill.
SPEAKER WILKINS stated that the proposed amendment did not apply to fifty percent of the population and he therefore overruled the Point of Order.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.
Rep. HAWKINS moved to reconsider the vote whereby Amendment No. 491 was tabled.
Rep. TRIPP moved to table the motion to reconsider.
Rep. HAWKINS demanded the yeas and nays which were not ordered.
The motion to reconsider was tabled by a division vote of 46 to 28.
Rep. J.H. NEAL proposed the following Amendment No. 643 (Doc Name council\bbm\amend\9408htc00.doc), which was tabled:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:
TO AMEND SECTION 12-37-250, AS AMENDED, OF THE 1976 CODE, RELATING TO THE HOMESTEAD PROPERTY TAX EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE OR DISABLED, SO AS TO ALLOW THE EXEMPTION BEGINNING WITH THE PROPERTY TAX YEAR THE APPLICANT ATTAINS AGE SIXTY-FIVE OR IS CLASSIFIED AS TOTALLY AND PERMANENTLY DISABLED AND DELETE OBSOLETE PROVISIONS.
A. The first paragraph of Section 12-37-250 of the 1976 Code, as last amended by Act 530 of 1990, is further amended to read:
"The first twenty thousand dollars of the fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person:
(1) has been a resident of this State for at least one year and has reached the age of sixty-five years on or before as of December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed;
(2) has attained the age of sixty-five years or has been classified as totally and permanently disabled, or legally blind before or during the tax year for which the exemption is claimed; and
(3) holds complete fee simple title or a life estate to the dwelling place.
For purposes of the disabilities giving rise to this exemption, a person is totally and permanently disabled when so classified by a state or federal agency charged by law with making such classifications and a person is legally blind when his vision falls within the definition of legal blindness provided in Section 43-25-20(1). A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 The auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."
B. This section applies for property tax years beginning after 1999. /
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Rep. J. H. NEAL explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Campsen Cato Chellis Cooper Cotty Davenport Delleney Easterday Edge Frye Gilham Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, H. Brown, J. Carnell Clyburn Cobb-Hunter Fleming Gamble Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Knotts Lloyd Lourie Mack Maddox Martin McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Phillips Pinckney Rutherford Scott Smith, F. Smith, J. Whatley Whipper Wilder
So, the amendment was tabled.
Rep. KELLEY proposed the following Amendment No. 655 (Doc Name council\dka\amend\3798mm00.doc), which was adopted:
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 48-20-240 OF THE 1976 CODE, RELATING TO THE DISPOSITION OF FEES AND PENALTIES COLLECTED UNDER THE SOUTH CAROLINA MINING ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO USE FUNDS COLLECTED FROM CERTAIN FEES FOR A SMALL MINE OPERATORS EDUCATION ASSISTANCE PROGRAM, AND TO REDUCE THE DEPARTMENT'S ALLOCATION IN THE STATE APPROPRIATIONS ACT ACCORDINGLY.
Section 48-20-240 of the 1976 Code, as added by Act 454 of 1990, is amended to read:
"Section 48-20-240. All fees and civil penalties collected under the provisions of this chapter must be deposited in the general fund through the State Treasurer, except that the Department of Health and Environmental Control is authorized to use funds collected from mining permit application fees, mining permit conversion fees, substantial modification fees, permit transfer fees, certificate of exploration fees, and annual mine operator fees for environmental education programs related to mining activities. The department may use these funds to provide on-site environmental education assistance to small mine operators and mining education materials to groups and organizations. The department's total allocation in the annual state general appropriations act must be reduced by an amount corresponding to the amount of fees the department uses to fund environmental education programs related to mining activities." /
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Rep. KELLEY explained the amendment.
The amendment was then adopted.
Reps. FLEMING, McCRAW and PHILLIPS proposed the following Amendment No. 698 (Doc Name council\pt\amend\1969dw00.doc), 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 48-23-97 SO AS TO PROVIDE THAT AN EMPLOYEE OF THE STATE FORESTRY COMMISSION WHO APPLIES TO ATTEND SMOKEJUMPER SCHOOL MUST BE ALLOWED TO ATTEND BY TAKING ANNUAL LEAVE OR A LEAVE OF ABSENCE.
The 1976 Code is amended by adding:
"Section 48-23-97. An employee of the State Forestry Commission must be allowed to attend smokejumper school if he applies for annual leave or takes a leave of absence to attend the school. /
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Rep. FLEMING explained the amendment.
Rep. WITHERSPOON raised the Point of Order that Amendment No. 698 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. WITHERSPOON moved to table the amendment.
Rep. PHILLIPS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barrett Brown, H. Chellis Clyburn Cotty Dantzler Easterday Edge Frye Gamble Gilham Gourdine Harrell Harvin Haskins Hayes Hinson Hosey Huggins Jennings Koon Law Limehouse Lloyd Loftis Maddox McLeod, W. Parks Perry Rhoad Rice Riser Robinson Sandifer Smith, D. Smith, R. Stuart Townsend Whatley Witherspoon Woodrum
Those who voted in the negative are:
Allen Allison Bales Battle Bowers Breeland Campsen Carnell Cato Cooper Davenport Delleney Emory Fleming Hamilton Harrison Hawkins Hines, J. Hines, M. Howard Keegan Kirsh Klauber Lanford Leach Lourie Lucas Mack Martin McCraw McGee McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Phillips Quinn Rutherford Scott Seithel Sheheen Simrill Smith, J. Taylor Tripp Trotter Walker Webb Whipper Wilder Wilkes Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 700 (Doc Name council\nbd\amend\11926ac00.doc), 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 2-1-220 SO AS TO PROHIBIT THE GENERAL ASSEMBLY FROM APPROPRIATING STATE OR FEDERAL FUNDS TO AN AGENCY THAT PERFORMS ABORTIONS, THAT PROVIDES BIRTH CONTROL METHODS THAT CAUSE CHEMICAL ABORTIONS.
The 1976 Code is amended by adding:
"Section 2-1-220. Notwithstanding any other provision of law, the General Assembly may not appropriate state or federal funds to an agency or organization which:
(1) performs abortions;
(2) provides birth control methods that cause chemical abortions;
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Rep. DAVENPORT explained the amendment.
Rep. CARNELL moved to table the amendment which was rejected by a division vote of 33 to 43.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. CARNELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox McCraw McGee Meacham-Richardson Neilson Phillips Quinn Rice Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bales Battle Bowers Breeland Carnell Cobb-Hunter Cotty Emory Gourdine Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lanford Lee Lloyd Lourie Mack McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rhoad Rutherford Scott Seithel Smith, F. Smith, J. Stuart Webb Wilder Wilkes
So, the amendment was adopted.
Rep. QUINN proposed the following Amendment No. 701 (Doc Name council\nbd\amend\11925ac00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part II, Permanent Provision, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 8-11-33, AS AMENDED, OF THE 1976 CODE, RELATING TO PAYROLL DEDUCTION FOR DUES OF VARIOUS STATE ASSOCIATIONS, SO AS TO ALSO AUTHORIZE PAYROLL DEDUCTION FOR DUES OF THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS' ASSOCIATION.
Section 8-11-33 of the 1976 Code, as amended by Act 111 of 1995, is further amended to read:
"Section 8-11-33. 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 Troopers' Association, and the South Carolina Wildlife Law Enforcement Officers' Association. The Comptroller General and state agencies shall pay over to 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, and the South Carolina Wildlife Law enforcement Officers' Association. No deduction is permitted if the associations at any time engage in collective bargaining or encourage their members to strike.
No membership dues or any portion thereof deducted pursuant to this section may be paid to any national or multi-state association or group.
Dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers' Association may also be deducted from the compensation of state employees and retirees and paid over to this association in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers' Association."/
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Rep. QUINN explained the amendment.
Rep. FLEMING raised the Point of Order that Amendment No. 701 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. GOVAN and BALES proposed the following Amendment No. 704 (Doc Name council\pt\amend\1973dw00.doc), 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 59-104-25 SO AS TO REQUIRE THAT A LIST OF STUDENTS WHO MEET THE ELIGIBILITY REQUIREMENTS FOR THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM MUST BE PROVIDED TO THE COMMISSION ON HIGHER EDUCATION CERTIFIED BY THE PRINCIPAL OF THE HIGH SCHOOL WHERE THE ELIGIBLE STUDENTS ATTEND.
The 1976 Code is amended by adding:
"Section 59-104-25. By January fifteenth of each year, a list of students who meet the eligibility requirements for the Palmetto Fellows Scholarship Program must be provided to the Commission on Higher Education. This list must be reviewed and certified as accurate by the principal of the high school where the eligible students attend." /
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Rep. GOVAN explained the amendment.
Rep. KEEGAN raised the Point of Order that Amendment No. 704 was out of order under Rule 5.3 in that it was not germane to the Bill.
Rep. GOVAN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. TRIPP proposed the following Amendment No. 705 (Doc Name council\gjk\amend\21146som00.doc), which was tabled:
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:
TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 1 OF THE 1976 CODE, RELATING TO THE GENERAL PROVISIONS AFFECTING THE GOVERNOR, BY ADDING SECTION 1-3-60 SO AS TO PROVIDE THAT, BEGINNING WITH FISCAL YEAR 2000-2001, NO STATE APPROPRIATED FUNDS MAY BE USED TO EMPLOY ANY LOCAL OR STATE ELECTED OFFICIAL AS A FULL-TIME OR PART-TIME EMPLOYEE, OR IN ANY CAPACITY, IN THE GOVERNOR'S OFFICE OR IN ANY PROGRAM OR CABINET AGENCY UNDER HIS CONTROL.
A. The 1976 Code is amended by adding:
"Section 1-3-60. Beginning with fiscal year 2000-2001, no state appropriated funds may be used to employ any local or state elected official as a full-time or part-time employee, or in any capacity, in the Governor's office or in any program or cabinet agency under his control."
B. This section takes effect July 1, 2000./
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Rep. TRIPP explained the amendment.
Rep. SCOTT spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. TRIPP continued speaking.
Rep. SCOTT spoke against the amendment.
Rep. BALES moved to table the amendment, which was agreed to.
Rep. KLAUBER proposed the following Amendment No. 706 (Doc Name council\gjk\amend\21160SD00.doc), which was adopted:
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 8-23-115 SO AS TO PROVIDE THAT AS AN ADDITIONAL BENEFIT FOR STATE EMPLOYEES, PARTICIPATING IN THE DEFERRED COMPENSATION PLAN, THE DEFERRED COMPENSATION COMMISSION SHALL ENSURE THAT CONTRACTS ENTERED INTO WITH THIRD PARTY VENDORS INCLUDE PROVISIONS THAT DIRECT THE VENDOR TO PROVIDE CONSULTIVE SERVICES FOR PLAN PARTICIPANTS, AND TO PROVIDE THE MANNER IN WHICH THE CHARGE, IF ANY, FOR THESE CONSULTIVE SERVICES SHALL BE PAID.
The 1976 Code is amended by adding:
"Section 8-23-115. (A) As an additional benefit for state employees participating in the deferred compensation plan, the deferred compensation commission shall ensure that contracts entered into with third party vendors include provisions that direct the vendor to provide consultive services for plan participants. The vendor must make available for consultation individuals who are registered with the State of South Carolina as broker-dealer agents, investment advisors, or investment advisor representatives, or who are exempt from state registration.
(B) No charge for providing the consultive services required by the provisions of subsection (A) may be made to plan participants but must be absorbed from funds appropriated for the retirement system equity panel in the Budget and Control Board Retirement Division section of the annual general appropriations bill."/
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Rep. KLAUBER explained the amendment.
Rep. KLAUBER spoke in favor of the amendment.
The amendment was then adopted.
Rep. RICE proposed the following Amendment No. 710 (Doc Name council\pt\amend\1976dw00.doc), 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 ARTICLE 7 TO CHAPTER 30, TITLE 46 SO AS TO ESTABLISH A SEPARATE AND DISTINCT SOUTH CAROLINA TOBACCO HEALTH CARE TRUST FUND INTO WHICH MONIES RECEIVED FROM THE MASTER SETTLEMENT AGREEMENT BETWEEN VARIOUS UNITED STATES TOBACCO PRODUCT MANUFACTURERS AND THE STATE OF SOUTH CAROLINA ALLOTTED FOR HEALTH CARE MUST BE DEPOSITED; AND TO PROVIDE THAT OF THE AMOUNTS REQUIRED TO BE USED FOR HEALTH-RELATED EXPENDITURES, FIFTY PERCENT OF THESE PROCEEDS MUST BE ALLOCATED TO TOBACCO EDUCATION AND TOBACCO HEALTH CARE AND FIFTY PERCENT MUST REMAIN IN THE FUND.
A. Chapter 30, Title 46 of the 1976 Code is amended by adding:
Section 46-30-610. (A) There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds entitled the South Carolina Tobacco Health Care Trust Fund. For fiscal year 2000-2001, monies in the fund will be expended for health-related expenditures as provided in the 2000-2001 General Appropriations Act. Beginning with Fiscal Year 2001-2002, monies received from the Tobacco Settlement Fund for health care must be deposited in the Health Care Trust Fund for health-related expenditures must be expended by the General Assembly as follows: fifty percent of new funds and twenty-five percent of the interest of that portion accrued shall be expended on tobacco education and tobacco health care related issues and the remainder shall remain in trust.
(B) Monies deposited and credited to the general fund pursuant to Paragraph 72.73, Part IB, Act 100 of 1999, are deemed to have been credited to the Tobacco Health Care Trust Fund created herein and may not be considered in the sums from which percentage calculations are made and percentage allocations are determined for any other budgetary purpose whatever."
B. This section takes effect July 1, 2000. /
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Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. M. MCLEOD proposed the following Amendment No. 711 (Doc Name council\gjk\amend\21081sd00.doc), 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 59-149-55 SO AS TO PROVIDE THAT PART-TIME STUDENTS ALSO QUALIFY FOR A LIFE SCHOLARSHIP, TO DEFINE PART-TIME STUDENTS FOR THIS PURPOSE, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THEY SHALL BE ELIGIBLE.
The 1976 Code is amended by adding:
"Section 59-149-55. Notwithstanding any other provision of law, part-time students defined as students taking a minimum of six hours a semester and having at least twenty four total credit hours earned also qualify for a LIFE Scholarship under the conditions provided in this section. The part-time student must meet all requirements of this chapter except for credit hour requirements and must have a minimum of a 3.0 cumulative grade point average on a 4.0 scale for the total number of credit hours completed. The amount of the LIFE Scholarship for part-time students for any year shall be the number of credit hours earned the previous academic year divided by thirty times the applicable dollar amount at the institution. The duration of the LIFE Scholarship shall not exceed the limits provided in Section 59-149-60."/
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Rep. M. MCLEOD explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. M. MCLEOD spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
The SPEAKER granted Rep. STILLE a leave of absence for the remainder of the day.
Rep. QUINN proposed the following Amendment No. 714 (Doc Name council\dka\amend\3811mm00.doc), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND CHAPTER 15, TITLE 2 OF THE 1976 CODE, RELATING TO THE LEGISLATIVE AUDIT COUNCIL, BY ADDING SECTION 2-15-130 SO AS TO PROVIDE FOR BIENNIAL COMPREHENSIVE AUDITS OF THE STATE'S MEDICAID PROGRAM.
A. Chapter 15, Title 2 of the 1976 Code is amended by adding:
"Section 2-15-130. Beginning in calendar year 2000, and every two years after that, the Legislative Audit Council shall prepare and conduct a comprehensive audit of the state's Medicaid program including all Medicaid services offered by agencies, providers, and other entities participating in the Medicaid program. The audit must assess their efforts to combat fraud and abuse and the resulting audit report shall recommend ways for the Department of Health and Human Services to increase the efficiency of the state's matching funds and of the products and services offered by the department. The audit report must be submitted to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee by the first Tuesday in January of the year following the audit."
B. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 714 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Reps. SEITHEL, GAMBLE and H. BROWN proposed the following Amendment No. 716 (Doc Name council\gjk\amend\21165sd00.doc), which was tabled:
Amend the bill, as and if amended, PART II, in Section 59-104-25 of the 1976 Code, which was added by an amendment of Representative Lucas designated as Amendment Number 431, by striking item (1) of subsection (A) and inserting:
/(1) a 'magnet school' is a public school that:
(a) is attended by students outside their attendance zone who could not attend it if it were not a magnet school; and
(b) emphasizes an academic theme or specialization.
For purposes of the provisions of this section, the eligibility for Palmetto Fellows Scholarships of students of the Governor's School for Science and Mathematics and the Governor's School for Arts and Humanities shall be determined in the manner provided by regulation of the Commission on Higher Education. /
Amend further, as and if amended, by striking subsections (D) and (E) of Section 59-104-25 of the 1976 Code and inserting:
/ (D) a student attending a magnet school who would have been eligible to receive a Palmetto Fellows Scholarship in the absence of subsections (A) through (C) also is eligible to receive a Palmetto Fellows Scholarship. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. HAYES raised the Point of Order that Amendment No. 716 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. LUCAS spoke against the amendment.
Rep. LUCAS moved to table the amendment, which was agreed to.
Rep. BALES proposed the following Amendment No. 717 (Doc Name council\bbm\amend\9426htc00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered Section to read:
TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE AN ADDITIONAL AND TOTAL EXEMPTION FOR A HOMESTEAD ELIGIBLE FOR THE HOMESTEAD EXEMPTION IF THE TAXPAYER'S HOUSEHOLD INCOME IS BELOW THE FEDERAL POVERTY LINE AND THE TAXPAYER HAS ATTAINED THE AGE OF EIGHTY-FIVE YEARS.
A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Any otherwise nonexempt assessed value of a homestead receiving both the exemptions allowed pursuant to Sections 12-37-250 and 12-37-251 if the household income of the taxpayer eligible for the exemption allowed by Section 12-37-250 is less than the federal poverty level and the taxpayer has attained the age of eighty-five years during or before the year this exemption is claimed. The Comptroller General shall design and provide a form which must be filed by the taxpayer with the county auditor before the first penalty date for taxes to claim this additional exemption for the property tax year. Taxpayers must reapply annually for this exemption. The form must require the taxpayer to certify eligibility under penalty of perjury."
B. This section is effective for property tax years beginning after 1999. /
Renumber sections to conform.
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Rep. BALES explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis McCraw Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Smith, R. Taylor Tripp Trotter Walker Webb Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Delleney Fleming Gamble Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Knotts Lee Lloyd Lourie Lucas Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Parks Pinckney Rhoad Rutherford Scott Simrill Smith, J. Stuart Whipper Wilder
So, the amendment was tabled.
Rep. EASTERDAY moved to reconsider the vote whereby Amendment No. 716 was tabled and the motion was noted.
Reps. HARRELL and M. MCLEOD proposed the following Amendment No. 718 (Doc Name council\bbm\amend\9427htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1615, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM FOR THE MONTH IN WHICH THE RETIREE DIES; TO AMEND SECTION 9-1-1770, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF A DECEASED RETIRED MEMBER UNDER THE GROUP LIFE INSURANCE PROGRAM; TO AMEND SECTIONS 9-8-80, 9-9-80, AND 9-11-160, RELATING TO THE PAYMENT OF BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE FOR THE PAYMENT OF THE RETIREMENT BENEFITS OF A RETIRED MEMBER FOR THE MONTH IN WHICH THE RETIREE DIES; AND TO AMEND SECTION 9-11-120, AS AMENDED, RELATING TO PRERETIREMENT AND POSTRETIREMENT BENEFITS FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE INSURANCE PAYMENTS ON BEHALF OF DECEASED RETIREES UNDER THE GROUP LIFE INSURANCE PROGRAM.
A. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1615. All retirement allowances are payable in monthly installments. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-1-1620, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
B. Section 9-1-1770 of the 1976 Code, as last amended by Act 458 of 1996, is further amended by adding a new undesignated paragraph at the end to read:
"Upon the death of a retired member after June 30, 2000, the life insurance benefit otherwise due the member's beneficiary, beneficiaries, or estate under the above paragraph is increased as follows: one thousand dollars is increased to two thousand dollars; two thousand dollars is increased to four thousand dollars; and three thousand dollars is increased to six thousand dollars."
C. Section 9-8-80 of the 1976 Code is amended to read:
"Section 9-8-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death except for the spouse entitlement. If a member of the System has elected the optional form of allowance those provisions shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's spouse, or if the member designated a nonspouse beneficiary or beneficiaries, then to the nonspouse beneficiary or beneficiaries living at the time of the member's death, otherwise to the estate of the member. A spouse's entitlement to a benefit pursuant to Section 9-8-110 commences in the month after the retired member's death. If the retired member elected a survivor option pursuant to the optional retirement allowances in Section 9-8-70, any allowance payable to a survivor beneficiary or beneficiaries commences in the month after the death of the retired member."
D. Section 9-9-80 of the 1976 Code is amended to read:
"Section 9-9-80. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death; provided, that if a member of the System has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the estate of the member. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-9-70, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
E. The last paragraph of Section 9-11-120 of the 1976 Code, as amended by Act 170 of 1991, is further amended to read:
"Upon the death of a retired member on or after July 1, 1985 2000, there must be paid to the designated beneficiary or beneficiaries, if living at the time of the retired member's death, otherwise to the retired member's estate, a death life insurance benefit of two thousand dollars if the retired member had ten years of creditable service but less than twenty years, three four thousand dollars if the retired member had twenty years of creditable service but less than thirty twenty-five, and four six thousand dollars if the retired member had at least thirty twenty-five years of creditable service at the time of retirement, provided if the retired member's most recent employer prior to retirement is covered by the Group Life Insurance Program."
F. Section 9-11-160 of the 1976 Code is amended to read:
"Section 9-11-160. All retirement allowances shall be are payable in monthly installments ceasing with the last payment prior to death, provided that if a member has elected an optional allowance the provisions thereof shall apply. Upon the death of a retired member, the retirement allowance for the month the retired member died, if not previously paid, must be paid to the member's designated beneficiary, if the beneficiary is living at the time of the member's death, otherwise to the member's estate. If the retired member elected a survivor option pursuant to the optional forms of allowances in Section 9-11-150, any allowance payable to a survivor beneficiary commences in the month after the death of the retired member."
G. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN proposed the following Amendment No. 5 (Doc Name council\swb\amend\5099htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 590, by adding an appropriately numbered SECTION at the end to read:
TO ENACT THE SOUTH CAROLINA CAPITAL GAIN HOLDING PERIOD REFORM ACT BY AMENDING SECTION 12-6-1150 OF THE 1976 CODE, RELATING TO THE STATE INCOME TAX DEDUCTION FOR A PORTION OF NET CAPITAL GAIN, SO AS TO ELIMINATE THE SEPARATE STATE HOLDING PERIOD OF TWO YEARS TO QUALIFY FOR THE DEDUCTION, REQUIRE THE HOLDING PERIOD FOR THE STATE DEDUCTION TO CONFORM TO THE FEDERAL HOLDING PERIOD FOR LONG-TERM CAPITAL GAIN, AND TO DELETE OBSOLETE LANGUAGE.
A. This section may be cited as the South Carolina Capital Gain Holding Period Reform Act.
B. Section 12-6-1150 of the 1976 Code, as added by Act 76 of 1995, is amended to read:
"Section 12-6-1150. (A) Individuals, estates, and trusts are allowed a deduction from South Carolina taxable income equal to twenty-nine forty-four percent of net capital gain recognized in this State during a taxable years year beginning in 1991, 1992, 1993, or 1994 and forty-four percent for taxable years beginning after 1994. In the case of estates and trusts, the deduction is applicable only to income taxed to the estate or trust or individual beneficiaries and not income passed through to nonindividual beneficiaries.
(B)(1) South Carolina income includes capital gains and losses from partnerships and 'S' Corporations.
(2) Net capital gain is as defined in the Internal Revenue Code, as amended through December 31, 1988, except that the required holding period is two or more years Section 1222 and related sections."
C. This section takes effect upon approval by the Governor and applies for taxable years beginning after 1999. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
Rep. CAMPSEN proposed the following Amendment No. 313 (Doc Name council\nbd\amend\11878ac00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE 1976 CODE, BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY-FIVE PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A GIFT OF LAND FOR CONSERVATION OR FOR A QUALIFIED CONSERVATION CONTRIBUTION DONATED ON OR AFTER May 31, 2001, OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CAP ON THIS CREDIT, TO DEFINE THE LANDS OVER WHICH THESE EASEMENTS APPLY WHICH ARE ELIGIBLE FOR THESE CREDITS, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF LANDS AND CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT OR DONATION OF LAND TO OBTAIN A FEDERAL ESTATE TAX AND STATE INCOME TAX CREDIT BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
A. This section may be cited as the "South Carolina Conservation Incentives Act".
B. The General Assembly finds that South Carolina, from the mountains to the sea, is blessed with some of the most beautiful and pristine natural areas in North America. These diverse and ecologically significant areas warrant creative conservation initiatives if they are to be preserved for the enjoyment and benefit of future generations, and if traditional uses of undeveloped land such as wildlife habitat management, farming, hunting, fishing, and forestry are to be preserved. Absent such initiatives, there is danger that these natural areas and their traditional uses will be lost forever to the pressures of development and urbanization.
The General Assembly further finds that paying deference to property rights while conserving these natural areas is a laudable goal, and that traditional land use planning and regulatory techniques have limited effectiveness in preserving large tracts of undeveloped land. By enacting the "South Carolina Conservation Incentives Act", it is the intent of the General Assembly to provide an income tax credit incentive for landowners to voluntarily convey lands or conservation easements to qualified conservation organizations. Such an incentive for the voluntary conveyance of lands or conservation easements will protect and preserve natural areas and their traditional uses while paying appropriate deference to property rights, expending no state funds, and keeping property in the private sector and on property tax rolls.
C. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3515. (A) A taxpayer who has qualified for and claimed on the taxpayer's federal income tax return a charitable deduction for a gift of land for conservation or for a qualified conservation contribution donated on or after May 31, 2001, on a qualified real property interest located in this State may elect to claim a credit against a tax imposed by this chapter for the applicable tax year in an amount equal to twenty-five percent of the total amount of the deduction attributable to the gift of land for conservation or to the qualified real property interest located in this State; provided, however, that the credit is subject to the caps provided in subsection (C). If the amount of the credit exceeds the taxpayer's tax liability under this chapter for the taxable year, or if it exceeds the maximum credit that may be used in any particular taxable year as provided in subsection (C)(2), the excess credit may be carried forward to succeeding taxable years until all the credit is claimed. In addition to the carry forward of unused credit, unused credit may be transferred, devised, or distributed, with or without consideration, by an individual, partnership, limited liability company, corporation, trust, or estate. To be effectual, such a transfer, devise, or distribution requires written notification to and approval by the department with the unused credit maintaining all its original attributes in the hands of the recipient. With regard to the sale or exchange of a credit allowed under this section, general income tax principles apply for purposes of the state income tax. In the hands of the original donor of a qualified conservation contribution of a qualified real property interest, and of any subsequent transferee, devisee, or distributee, the credit allowed by this section that may be used to offset state income tax liability in any one taxable year is limited to an amount that, when combined with all other state income tax credits of the taxpayer, does not exceed the taxpayer's total state income tax liability for the taxable year. The fair market value of qualified donations made pursuant to this section must be substantiated by a 'qualified appraisal' prepared by a 'qualified appraiser' as those terms are defined under applicable federal law and regulations applicable to charitable contributions.
(B)(1) For purposes of this section:
(a) 'Qualified conservation contribution' and a 'qualified real property interest' are defined as provided in Internal Revenue Code Section 170(h);
(b) 'Gift of land for conservation' means a charitable contribution of fee simple title to real property conveyed for conservation purposes as defined in Internal Revenue Code Section 170(h)(4)(A) to a qualified conservation organization as described in Internal Revenue Code Section 170(h)(3).
(2) Notwithstanding the provisions of Internal Revenue Code Section 170(h) and applicable regulations pertaining to forestry and silvaculture practices, a taxpayer is not disqualified for the tax credit allowed in this section because of silvacultural and forestry practices permitted by or undertaken pursuant to a conservation contribution on a real property interest if:
(a) the forestry and silvacultural practices permitted by or undertaken pursuant to the conservation contribution conform to Best Management Practices established by the South Carolina Forestry Commission existing either at the time the conservation contribution is made, or at the time a particular forestry or silvacultural practice is undertaken;
(b) the conservation contribution on a real property interest in all other respects conforms to the requirements of Internal Revenue Code Section 170(h) and applicable regulations for a 'qualified conservation contribution' on a 'qualified real property interest'; and
(c) the taxpayer provides the Department of Revenue with the information the department considers necessary to determine that the taxpayer would otherwise be eligible for the deduction allowed under Section 170(h).
The amount of the credit allowable under this item is equal to twenty-five percent of the deduction that would otherwise be allowable under Section 170(h) but for the silvacultural and forestry activities performed on the real property interest, subject to the same conditions and limitations as the credit allowed by this section, not including the add-back of the deduction.
(C)(1) The credit provided for in this section may not exceed two hundred fifty dollars per acre of property to which the qualified conservation contribution applies. For the purpose of calculating the per acre tax credit cap of this subsection, all upland and wetland acreage subject to the qualified conservation contribution shall be taken into account, except for property lying within the intertidal zone. All other wetland acreage subject to the qualified conservation contribution including, but not limited to, ponds, wetland impoundments, hardwood bottomlands, and Carolina Bays shall be taken into account when calculating the two hundred fifty dollar per acre tax credit cap.
(2) Regardless of the amount of the credit allowed by this section, the total credit a taxpayer may use under this section for any particular taxable year may not exceed fifty-two thousand five hundred dollars.
(3) For purposes of applying the per acre limitation and per taxpayer limitation on the credit allowed by this section, the attribution rules of Section 267 of the Internal Revenue Code apply.
(D) The South Carolina Department of Revenue shall report to the Governor, the House Ways and Means Committee, and Senate Finance Committee the activity generated on taxable year 2001 state income tax returns by the credit allowed by this item."
D. Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-1110. There is created in the state treasury a fund separate and distinct from the general fund of the State and all other funds styled the 'Conservation Grant Fund'. The income and principal of the fund must be used only to stimulate the use of conservation easements and fee simple gifts of land for conservation to improve the capacity of private nonprofit land trusts successfully to accomplish conservation projects and to provide an opportunity to leverage private and public monies for conservation easements.
Section 50-3-1120. The board of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund.
Section 50-3-1130. The Conservation Grant Fund shall consist of any monies appropriated to it by the General Assembly and other monies received from public or private sources.
Section 50-3-1140. In order for real property to be the subject of a grant under this article, the land must qualify for the tax credit allowed pursuant to Section 12-6-3515.
Section 50-3-1150. (A) Revenues in the Conservation Grant Fund may be used by the department only to:
(1) defray the administrative costs of the department in administering the grant purpose provided for by this article;
(2) provide education on conservation easements and fee simple gifts of land for conservation, including information material intended for landowners and education for staff and volunteers; and
(3) make conservation grants.
(B) A grant from the Conservation Grant Fund may be used only to pay for one or more of the following costs:
(1) reimbursement for total or partial transaction costs for donations from individuals or corporations that otherwise would not be made because of insufficient financial revenues;
(2) management support, including initial baseline inventory and planning;
(3) monitoring compliance with conservation easements;
(4) education on conservation easements and fee simple gifts of land for conservation, including information materials intended for landowners, and education for staff and volunteers.
(C) Fund proceeds may not be used to pay the purchase price of any interest in real property.
Section 50-3-1160. The board shall establish the procedures and criteria for awarding grants under this article. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on conservation. The board shall make recommendations to the General Assembly on the award of grants. Upon approval by the General Assembly by concurrent resolution, the board shall award the grants and provide public notice of the award."
E. Section 62-3-715 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding an item appropriately numbered at the end to read:
"( ) donate a qualified conservation easement or fee simple gift of land for conservation on any real property of the decedent in order to obtain the benefit of the estate tax exclusion allowed under Internal Revenue Code Section 2031(c) as defined in Section 12-6-40(A), and the state income tax credit allowed under Section 12-6-3515, if the personal representative has the written consent of all of the heirs, beneficiaries, and devises whose interests are affected by the donation. Upon petition of the personal representative, the circuit court may consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devises whose interests are affected by the donation after determining that the donation of the qualified real property interest shall not adversely affect them or would most likely be agreed to by them if they were before the court and capable of consenting. A guardian ad litem must be appointed to represent the interest of any unborn, unascertained, or incapacitated persons. Similarly, and for the same purposes and under the same conditions, mutatis mutandis, a trustee may make such a donation for the settlor."
F. Except where otherwise stated, this section takes effect May 31, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Rep. GOVAN raised the Point of Order that Amendment No. 313 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 550 (Doc Name council\gjk\amend\21141SD00.doc), which was adopted:
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 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE INTO WHICH A PARENT OR LEGAL GUARDIAN MAY REGISTER AN OBJECTION WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM PROVIDING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO THEIR CHILDREN UNDER SIXTEEN YEARS OF AGE; AND TO ADD SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OR ANY OTHER STATE AGENCY FROM DISTRIBUTING OR USING CERTAIN STATE FUNDS TO DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A CHILD UNDER SIXTEEN YEARS OF AGE IF THE CHILD'S PARENT OR LEGAL GUARDIAN HAS REGISTERED AN OBJECTION WITH THE DEPARTMENT PURSUANT TO SECTION 44-1-115 ABOVE.
A. The 1976 Code is amended by adding:
"Section 44-1-115. (A) The Department of Health and Environmental Control shall develop a data base into which a parent, legal guardian, or one acting in loco parentis to a child under sixteen years of age may register a written objection with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child under sixteen years of age.
The department shall publish and distribute informational brochures to schools, physicians, and health care agencies and facilities which include procedures for registration and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors."
B. The 1976 Code is amended by adding:
"Section 44-1-117. Notwithstanding any other provision of law, the Department of Health and Environmental Control any other state agency or department, or a person acting on behalf of an agency or department may not distribute or use funds appropriated to it for family health and STD/HIV control for the distribution of condoms or other types of contraceptives to a child under sixteen years of age if the child's parent, legal guardian, or one acting in loco parentis has registered an objection with the Department of Health and Environmental Control pursuant to Section 44-1-115." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Rep. J. SMITH raised the Point of Order that Amendment No. 550 was out of order in that Section 9 in Part IA had been clinched.
Rep. LANFORD stated that he was in receipt of a letter from the Department of Health and Environmental Control, which stated that federal funding, may be compromised. He also stated that the amendment was in violation of Title 10 relating to age discrimination.
Rep. HASKINS argued that there was no solid evidence that federal funding would be lost or reduced.
SPEAKER WILKINS stated that in accordance with previous rulings dealing with clinched sections, the amendment did not clearly show an effect on appropriations in the Bill. He stated further that the wording of the DHEC letter did not clearly indicate a loss of federal funding. He therefore overruled the Point of Order.
Rep. HASKINS continued speaking.
Rep. LANFORD spoke against the amendment.
Rep. LANFORD moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Bales Bowers Breeland Brown, G. Canty Carnell Clyburn Cobb-Hunter Cotty Dantzler Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Howard Jennings Kelley Kennedy Lanford Lee Lourie Mack McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rhoad Rodgers Rutherford Scott Seithel Sharpe Smith, J. Stuart Webb Whipper Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Maddox McGee Meacham-Richardson Phillips Quinn Rice Riser Robinson Sandifer Sheheen Simrill Smith, D. Smith, R. Taylor Townsend Tripp Trotter Walker Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. M. MCLEOD proposed the following Amendment No. 670 (Doc Name council\dka\amend\3802mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-149-50 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT IN DETERMINING THE NUMBER OF ACADEMIC YEARS A STUDENT ENROLLED IN AN ELIGIBLE INSTITUTION BEFORE ESTABLISHMENT OF THE LIFE SCHOLARSHIP HAS COMPLETED, CREDIT HOURS REMAINING TOWARD COMPLETION OF DEGREE REQUIREMENTS RATHER THAN CREDIT HOURS EARNED MUST BE USED, WITH THIRTY CREDITS HOURS BEING CONSIDERED ONE ACADEMIC YEAR AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL BE RETROACTIVE.
Section 59-149-50(B) of the 1976 Code, as added by Act 418 of 1998, is amended by adding a new paragraph at the end to read:
"In determining the number of academic years a student enrolled in an eligible institution before establishement of the LIFE scholarship has completed, credit hours remaining toward completion of degree requirements rather than credits earned must be used, with thirty credits hours being considered one academic year. The provisions of this paragraph are retroactive to the date of the establishment of the LIFE Scholarship program."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. MCLEOD explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. M. MCLEOD proposed the following Amendment No. 671 (Doc Name council\nbd\amend\11917mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-149-50 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT STUDENTS EARN THIRTY CREDIT HOURS A YEAR IN ORDER TO BE ELIGIBLE FOR A LIFE SCHOLARSHIP DOES NOT APPLY TO YEARS PRIOR TO THE 1998-99 SCHOOL YEAR FOR STUDENTS WHO WERE ENROLLED IN AN ELIGIBLE INSTITUTION AT THAT TIME AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL BE RETROACTIVE.
Section 59-149-50(B) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. However, this subsection does not require a student enrolled in an eligible institution before the 1998-99 school year to earn thirty credits a year to be eligible for a LIFE Scholarship. This paragraph is retroactive to the date of the establishment of the LIFE Scholarship program."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. MCLEOD explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. M. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Canty Carnell Clyburn Cobb-Hunter Davenport Delleney Emory Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Lee Lloyd Lourie Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Sheheen Simrill Smith, J. Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. M. MCLEOD proposed the following Amendment No. 672 (Doc Name council\nbd\amend\11918mm00.doc), which was tabled:
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:
TO AMEND SECTION 59-149-50 OF THE 1976 CODE, RELATING TO ELIGIBILITY FOR LIFE SCHOLARSHIPS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT STUDENTS EARN THIRTY CREDIT HOURS A YEAR IN ORDER TO BE ELIGIBLE FOR A LIFE SCHOLARSHIP DOES NOT APPLY TO YEARS PRIOR TO THE 1998-99 SCHOOL YEAR FOR STUDENTS WHO WERE ENROLLED IN AN ELIGIBLE INSTITUTION AT THAT TIME.
Section 59-149-50(B) of the 1976 Code, as added by Act 418 of 1998, is amended to read:
"(B) Students receiving a LIFE Scholarship to retain it and students currently enrolled in an eligible institution to receive such a scholarship must earn a 3.0 cumulative grade point average on a 4.0 scale each year and earn at least thirty credit hours each year for the maximum of semesters permitted at that institution by Section 59-149-60. However, this subsection does not require a student enrolled in an eligible institution before the 1998-1999 school year to earn thirty credits a year to be eligible for a LIFE Scholarship." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. MCLEOD explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Reps. QUINN and SEITHEL proposed the following Amendment No. 720 (Doc Name housedesk\council\gjk\amend\21170ac00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, by deleting the unnumbered section added by amendment number 700, proposedd by Representative Davenport bearing document name council\NBD\ AMEND\11926AC00.doc and inserting
TO AMEND THE 1976 CODE BY ADDING SECTION 1-1-1035 SO AS TO PROVIDE THAT NO STATE FUNDS OR MEDICAID FUNDS SHALL BE EXPENDED TO PERFORM ABORTIONS, EXCEPT FOR THOSE ABORTIONS AUTHORIZED BY FEDERAL LAW UNDER THE MEDICAID PROGRAM.
The 1976 Code is amended by adding:
"Section 1-1-1035. No state funds or medicaid funds shall be expended to perform abortions, except for those abortions authorized by federal law under the medicaid program."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted by a division vote of 63 to 20.
Reps. CARNELL, QUINN, HASKINS, WILDER, CLYBURN and W. MCLEOD proposed the following Amendment No. 721 (Doc Name council\psd\amend\7146som00.doc), 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 46-30-515 SO AS TO PROVIDE THAT, OF THE FUNDS RECEIVED BY THE STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT TO BE USED FOR HEALTH-RELATED EXPENDITURES, THAT THESE REVENUES MUST ONLY BE USED FOR NEW HEALTH AND HUMAN SERVICE PROGRAMS OR THE EXPANSION OF HEALTH AND HUMAN SERVICE PROGRAMS IN THE STATE BUT MUST NOT BE APPROPRIATED IN SUCH A MANNER TO SUPPLANT EXISTING APPROPRIATED FUNDS.
The 1976 Code is amended by adding:
"Section 46-30-515. Of the funds received by the State of South Carolina under the Master Settlement Agreement to be used for health-related expenditures as provided in Section 46-30-510, these revenues must only be used for new health and human service programs or for the expansion of health and human service programs in the State, including but not limited to, those programs funded with Medicaid. The funds received under the Master Settlement Agreement and allocated for health-related expenditures must not be appropriated in such a manner to supplant existing appropriated funds. This provisions applies to the funds received under the Master Settlement Agreement after July 1, 2001 and not appropriated by the General Assembly for health-related expenditures in the General Appropriation Act for FY 2000-2001." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 721 was out of order in that it affected future appropriation bills not the current 2000-2001 General Appropriation Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. CARNELL, WILDER, CLYBURN and W. McLEOD proposed the following Amendment No. 722 (Doc Name council\psd\amend\7148SOM00.doc), 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 46-30-515 SO AS TO PROVIDE THAT, OF THE FUNDS RECEIVED BY THE STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT TO BE USED FOR HEALTH-RELATED EXPENDITURES, THAT THESE REVENUES MUST ONLY BE USED FOR NEW HEALTH AND HUMAN SERVICE PROGRAMS OR THE EXPANSION OF HEALTH AND HUMAN SERVICE PROGRAMS IN THE STATE BUT MUST NOT BE APPROPRIATED IN SUCH A MANNER TO SUPPLANT EXISTING APPROPRIATED FUNDS.
The 1976 Code is amended by adding:
"Section 46-30-515. Of the funds received by the State of South Carolina under the Master Settlement Agreement to be used for health-related expenditures as provided in Section 46-30-510, these revenues must only be used for new health and human service programs or for the expansion of health and human service programs in the State, including but not limited to, those programs funded with Medicaid. The funds received under the Master Settlement Agreement and allocated for health-related expenditures must not be appropriated in such a manner to supplant existing appropriated funds. This provisions applies to the funds received under the Master Settlement Agreement and not appropriated by the General Assembly for health-related expenditures in the General Appropriation Act for FY 2000-2001." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 722 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. EASTERDAY to reconsider the vote whereby Amendment No. 716 was tabled was taken up and agreed to.
Reps. SEITHEL, GAMBLE and H. BROWN proposed the following Amendment No. 716 (Doc Name council\gjk\amend\21165sd00.doc), which was adopted:
Amend the bill, as and if amended, PART II, in Section 59-104-25 of the 1976 Code, which was added by an amendment of Representative Lucas designated as Amendment Number 431, by striking item (1) of subsection (A) and inserting:
/(1) a 'magnet school' is a public school that:
(a) is attended by students outside their attendance zone who could not attend it if it were not a magnet school; and
(b) emphasizes an academic theme or specialization.
For purposes of the provisions of this section, the eligibility for Palmetto Fellows Scholarships of students of the Governor's School for Science and Mathematics and the Governor's School for Arts and Humanities shall be determined in the manner provided by regulation of the Commission on Higher Education. /
Amend further, as and if amended, by striking subsections (D) and (E) of Section 59-104-25 of the 1976 Code and inserting:
/ (D) a student attending a magnet school who would have been eligible to receive a Palmetto Fellows Scholarship in the absence of subsections (A) through (C) also is eligible to receive a Palmetto Fellows Scholarship. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Rep. WILKES proposed the following Amendment No. 547 (Doc Name council\pt\amend\1935dw00.doc), which was tabled:
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-37-2735, OF THE 1976 CODE, RELATING TO THE PERSONAL PROPERTY TAX RELIEF FUND, SO AS TO INCREASE THE FUND BY AN AMOUNT RETAINED BY THE DEPARTMENT OF REVENUE IN FISCAL YEAR 2000-2001, AND PROVIDE THAT THE FUND MUST BE INCREASED IN FISCAL YEAR 2001-2002 AND EACH YEAR THEREAFTER BY AN AMOUNT NOT TO EXCEED FOUR HUNDRED MILLION DOLLARS REALIZED FROM SOCIAL COSTS SAVINGS IDENTIFIED IN THE THOMPSON REPORT WHICH STUDIED THE FISCAL IMPACT OF THE REPEAL OF VIDEO POKER LAWS.
A. Section 12-37-2735(A) of the 1976 Code, as added by Part II, Section 111, Act 100 of 1999, is amended to read:
"(A) There is established in the State Treasury a separate and distinct fund to be known as the Personal Property Tax Relief Fund to which must be credited not more than nor less than twenty twenty-five million eight hundred thousand dollars for a fiscal year 2000-2001. Beginning in fiscal year 2001-2002 and thereafter, social costs savings in an amount not to exceed four hundred million dollars, identified in the Thompson Report which studied the fiscal impact of the repeal of video poker laws, must be credited to this fund. All monies deposited to this fund must be accounted for separately and any interest accruing from the investment of the monies on deposit with the fund must be credited to the fund and used for the same purpose as the principal. The fund must be used to make allocations available to the counties for the purpose of assisting the counties in reducing the ad valorem tax on personal motor vehicles."
B. The five million eight hundred dollar increase credited to the Personal Property Tax Relief Fund in the amendment to Section 12-37-273(A) in subsection A of this section must be transferred from funds appropriated for the Department of Revenue in fiscal year 2000-2001 and credited to the fund.
C. This section takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. M. MCLEOD demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Howard Huggins Jennings Keegan Kelley Kirsh Klauber Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, W. Meacham-Richardson Miller Neal, J.H. Neilson Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Bowers Breeland Brown, T. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Hayes Hines, J. Hines, M. Hosey Kennedy Koon Lee Lloyd Mack McLeod, M. McMahand Moody-Lawrence Neal, J.M. Ott Rutherford Scott Smith, F. Whipper Wilkes
So, the amendment was tabled.
Reps. CARNELL and WILDER proposed the following Amendment No. 723 (Doc Name council\psd\amend\7143SOM00.doc), 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 46-30-515 SO AS TO PROVIDE THAT, OF THE FUNDS RECEIVED BY THE STATE UNDER THE TOBACCO MASTER SETTLEMENT AGREEMENT TO BE USED FOR HEALTH-RELATED EXPENDITURES, THAT THESE REVENUES MUST ONLY BE USED FOR NEW HEALTH AND HUMAN SERVICE PROGRAMS OR THE EXPANSION OF HEALTH AND HUMAN SERVICE PROGRAMS IN THE STATE BUT MUST NOT BE APPROPRIATED IN SUCH A MANNER TO SUPPLANT EXISTING APPROPRIATED FUNDS.
The 1976 Code is amended by adding:
"Section 46-30-515. Of the funds received by the State of South Carolina under the Master Settlement Agreement to be used for health-related expenditures as provided in Section 46-30-510, these revenues must only be used for new health and human service programs or for the expansion of health and human service programs in the State, including but not limited to, those programs funded with Medicaid. The funds received under the Master Settlement Agreement and allocated for health-related expenditures must not be appropriated in such a manner to supplant existing appropriated funds." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 723 was out of order in that Section 8 of Part IA had been clinched and the amendment had an effect on appropriations in the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. HARRELL to reconsider the vote whereby Section 11 was adopted was taken up.
Rep. QUINN moved to table the motion to reconsider.
Rep. CARNELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Seithel Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the motion to reconsider was tabled.
The motion of Rep. HARRELL to reconsider the vote whereby Section 22 was adopted was taken up.
Rep. HARRELL moved to table the motion, which was agreed to.
The motion of Rep. HARRELL to reconsider the vote whereby Section 63C was adopted was taken up.
Rep. SCOTT moved to table the motion to reconsider.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Askins Battle Bowers Breeland Brown, G. Cobb-Hunter Emory Gourdine Hines, J. Hines, M. Hosey Howard Lloyd Lucas Mack Maddox McLeod, M. McLeod, W. Moody-Lawrence Neal, J.H. Ott Parks Pinckney Rutherford Scott Smith, F. Whipper Wilkes
Those who voted in the negative are:
Allison Altman Bales Barfield Barrett Brown, H. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lourie Martin McCraw McGee Meacham-Richardson Miller Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. QUINN and HARRELL proposed the following Amendment No. 724 (Doc Name h-wm\002\bea.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 63C, Division of Budget and Analysis, page 397, line 39, opposite /other operating expenses/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
100,000 100,000
() ()
Amend the bill further, as and if amended, page 399, line 21, opposite /classified positions/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
6,000 6,000
() ()
Amend the bill further, as and if amended, page 399, line 23, opposite /other personal service/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
12,000 12,000
() ()
Renumber sections to conform.
Amend totals and titles to conform.
The amendment was then adopted.
Section 63C, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 1 was adopted was taken up.
Rep. ALLISON moved to table the motion.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Brown, J. Campsen Cato Chellis Cooper Cotty Dantzler Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas McGee Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Taylor Townsend Trotter Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, T. Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines, J. Hines, M. Hosey Jennings Kennedy Lanford Lee Lloyd Lourie Mack Martin McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rutherford Sheheen Smith, F. Smith, J. Stuart Whipper Wilder
So, the motion to reconsider was tabled.
The motion of Rep. HARRELL to reconsider the vote whereby Section 37 was adopted was taken up.
Rep. ROBINSON moved to table the motion.
Rep. CANTY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barrett Brown, H. Cato Chellis Cooper Cotty Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Littlejohn Lourie Martin McCraw McGee Meacham-Richardson Perry Phillips Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Smith, D. Smith, R. Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Altman Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Carnell Dantzler Davenport Delleney Gourdine Govan Harvin Haskins Hines, J. Hines, M. Hosey Howard Huggins Jennings Kennedy Lee Limehouse Lloyd Loftis Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Simrill Smith, F. Smith, J. Stuart Tripp Whipper Wilder Wilkes
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HAWKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Delleney Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lee Lloyd Lourie Lucas Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Pinckney Rhoad Rutherford Sharpe Sheheen Simrill Smith, F. Smith, J. Stuart Tripp Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Martin McCraw Meacham-Richardson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Smith, D. Smith, R. Taylor Townsend Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the motion to reconsider was rejected.
The motion of Rep. HARRELL to reconsider the vote whereby Section 54 was adopted was taken up and agreed to.
Rep. TOWNSEND proposed the following Amendment No. 668 (Doc Name h-wm\005\54town.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 517, line 21, by adding an appropriately numbered paragraph to read:
/Legislative employees may have made available to them, $100 to pay toward teacher recertification or may request and be granted an exemption from Section 2-1-120 which shall be extended to include staff of the General Assembly./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. TOWNSEND explained the amendment.
Rep. COBB-HUNTER raised the Point of Order that Amendment No. 668 was out of order under Rule 5.3 in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. SHEHEEN 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:
Askins Bailey Battle Bowers Brown, G. Brown, J. Canty Carnell Cobb-Hunter Dantzler Davenport Delleney Emory Frye Gourdine Hines, M. Hosey Howard Kirsh Lee Lloyd Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Pinckney Rutherford Sheheen Smith, F. Whipper
Those who voted in the negative are:
Allen Allison Altman Bales Barfield Barrett Breeland Brown, H. Campsen Cato Chellis Clyburn Cooper Cotty Easterday Edge Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Limehouse Littlejohn Lourie Lucas Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 54, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 63G was adopted was taken up.
Rep. HOWARD moved to table the motion to reconsider.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Canty Howard Kirsh
Those who voted in the negative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Jennings Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 678 (Doc Name h-wm\005\ viag6.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 63G, Budget and Control Board, Employee Benefits, page 540, paragraph, line 18, by adding an appropriately numbered paragraph to read:
/Prescriptions for Viagra shall not be covered by the State Health Plan./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
Rep. KELLEY spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Battle Cato Cobb-Hunter Davenport Frye Gamble Haskins Hinson Huggins Keegan Koon Lee Martin McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neilson Pinckney Seithel Sheheen Smith, F. Stuart Trotter Whipper Wilkes Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Emory Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Howard Jennings Kelley Kennedy Kirsh Klauber Knotts Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McMahand Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Scott Sharpe Simrill Smith, D. Smith, J. Smith, R. Taylor Townsend Tripp Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum
So, the amendment was rejected.
Section 63G was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 5A was adopted was taken up and agreed to.
Rep. HARRELL proposed the following Amendment No. 727 (Doc Name h-wm\009\lifeharr.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 5A, Commission on Higher Education, page 36, line 17, opposite /life scholarship/ by decreasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
1,500,000 1,500,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 5A, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.
Rep. SCOTT proposed the following Amendment No. 403 (Doc Name h-wm\002\payinc.doc), which was tabled:
Amend the bill, as and if amended, Part IA, Section I0, Department of Mental Health, page 160, immediately after line 35, by inserting a new line to read:
Column 5 Column 6
Special Pay Increase
1,268,619 1,268,619
Renumber sections to conform.
Amend totals and titles to conform.
Rep. SCOTT explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee Meacham-Richardson Perry Phillips Quinn Rice Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Taylor Tripp Trotter Walker Webb Whatley Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Hayes Hines, J. Hosey Howard Jennings Lee Lloyd Lourie Mack Maddox Martin McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Stuart Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. HARRELL proposed the following Amendment No. 728 (Doc Name h-wm\002\dmhcenter.doc), which was adopted:
Amend the bill, as and if amended, Part IA, Section 10, Mental Health, page 155, line 10, opposite /Other Operating/ by increasing the amount(s) in Columns 5 and 6 by:
Column 5 Column 6
500,000 500,000
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 10, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 10 was adopted was taken up and agreed to.
Rep. HARRELL proposed the following Amendment No. 726 (Doc Name h-wm\002\dmhctr2.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 10, Mental Health, page 474, paragraph 3, line 33, by inserting after /operations,/ the following:/ $500,000 for the Georgetown choppee school health clinic during fy 2000-2001,/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Section 10, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 17 was adopted was taken up and agreed to.
Rep. ROBINSON proposed the following Amendment No. 729 (Doc Name council\bbm\amend\9421htc00.doc), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 17, page 586, subsection B., line 10, by striking /three-fourths of the adjustment otherwise required/ and inserting:
/not less than seventy-five percent nor more than eighty-five percent of the adjustment otherwise required which must be determined based on the certification of the Board of Economic Advisors to the Department of Revenue as to the maximum percentage in that range that does not reduce general fund revenues by more than eighteen million dollars in fiscal year 2000-2001 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN spoke against the Section.
Section 17, as amended, was adopted.
The motion of Rep. HARRELL to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. YOUNG-BRICKELL moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Koon Lanford Law Leach Limehouse Littlejohn Loftis Martin McGee Meacham-Richardson Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Simrill Smith, D. Smith, R. Stuart Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Dantzler Delleney Emory Gourdine Govan Hayes Hines, J. Hosey Howard Jennings Kennedy Kirsh Klauber Knotts Lee Lloyd Lourie Lucas Mack Maddox McCraw McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rutherford Scott Sharpe Sheheen Smith, F. Smith, J. Taylor Whipper Wilder Wilkes
So, the motion to reconsider was tabled.
Rep. F. SMITH raised the Point of Order that the General Appropriation Bill was out of order in that it was in violation of Code Section 6-27-30 in that an amount equal to not less than four and one-half percent of general fund revenues of the latest completed fiscal year must be appropriated to the Local Government Fund.
SPEAKER WILKINS stated that the Code Section applied to the General Appropriation Act not the General Appropriation Bill and he therefore overruled the Point of Order.
Rep. HARRELL moved to table all pending motions to reconsider, which was agreed to.
Rep. HARRELL gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.
Rep. COBB-HUNTER spoke against the Bill.
On motion of Rep. BREELAND, Rep. COBB-HUNTER'S remarks were ordered printed in the Journal as follows:
I had hoped when we began our budget debate that this body would see the wisdom of doing things differently than recommended by the Ways and Means Committee.
I recognize that the Democrats do not have the majority in this body. But as we proceeded through the debate, we wanted the Ways and Means budget writers to clearly explain the impact of and rationale for their recommendations to the House. We asked the Ways and Means budget writers to explain what results they expected to get from the funding priorities they presented to this body and how the Ways and Means budget would be accountable for results.
I'm tired of hearing that this budget debate is just about partisan politics...and "why can't they work it out?" I think it is unfortunate that the political spin doctors have done such a good job of covering up what's really going on in this budget debate.
As we close out our debate on the General Appropriation Bill, I would like to take us back to the big picture. The Governor, with the input of Democrats and Republicans, recommended a budget that would create a better future for all South Carolinians by targeting K- 12 education, health care improvements for seniors and children, economic development initiatives that would create jobs in areas of greatest need, and rebuilding our tobacco communities.
During the course of the week Democrats and some Republicans have offered amendments to reshape this budget to target funds at critical problem areas and create a clear path of accountability for expected results.
Today, we find the House budget still to be essentially unchanged. This is a budget that, at best, maintains the status quo. In my opinion, this is a budget without vision, and hope.
I remain concerned by the lack of a clear explanation of why this budget is good for South Carolina.
(Rep. Seithel) Did you know that it spends $165 million of tobacco money and nothing for smoking prevention?
(Reps. Witherspoon and Barfield) Did you know that it invests nothing in the underdeveloped economies of this state, including those most harmed by the loss of tobacco production?
(Rep. Rice) Did you know that it throws the tobacco money into the big budget "pot" supplanting what regular tax dollars should be paying for?
(Rep. Neilson) Did you know that it ignores the critical need of our senior citizens to have help with their prescription drugs; and to have cheaper, in-home services to let them live in their own homes with dignity?
(Rep. Lanford) Did you know that it continues the Medicaid deficit into next fiscal year under the guise of unsubstantiated cost savings?
(Rep. Gamble) Did you know that it denies funds to make all children ready to learn through the First Steps program using accounting rhetoric as a justification?
(Rep. Allison) Did you know that the same accounting rhetoric doesn't apply to money for capital projects that will just sit in a bank account?
(Rep. Roland Smith) Did you know that it ignores the needs of middle school children who are at a critical turning point in their lives?
(Rep. Townsend) Did you know that it rejects funds for programs for schools on the brink of failure, and says it's okay to let those children fall through the accountability crack.
(Rep. Robinson) Did you know that it creates large annualizations that will have to be funded by future General Assemblies?
(Rep. Vaughn) Did you know that this is not a "conservative" budget?
(Rep. Cooper) I'm confused as to whose budget this is... is it yours?
(Rep. Easterday) Where is the accountability? What results can we expect?
(Rep. Woodrum) How will this budget change South Carolina?
(Rep. Klauber) How does this budget do anything other than maintain the status quo?
I think it was Thomas Jefferson who said "While the will of the majority will prevail...the majority has a responsibility to protect the interests of the minority."
I am not going to vote for this budget, and I ask those of you who share these concerns not to support this budget. Let's send a message to the House leadership that just because you have a few-vote margin, that is not a mandate for your position.
Rep. KENNEDY spoke against the Bill.
Rep. KENNEDY continued speaking.
Rep. HARRELL spoke in favor of the Bill.
Rep. JENNINGS spoke against the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Brown, H. Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McMahand Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bailey Bowers Breeland Brown, G. Canty Carnell Cobb-Hunter Emory Gourdine Govan Hines, J. Hosey Howard Jennings Kennedy Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Sheheen Smith, F. Smith, J. Whipper Wilder Wilkes
So, the Bill, as amended, was read the second time and ordered to third reading.
I voted for this budget bill today even though it does not have included in it an increase for our senior citizens homestead exemption. I was hesitant to vote in favor of this budget for this very one reason, but looking at the budget as a whole there are other issues of importance pertaining to education issues, tax relief, medical, etc. As the record reflects I prepared and introduced numerous amendments in an attempt to get homestead tax exemption raised from $20,000.00 to $40,000.00 which would practically eliminate the county portion of the vast majority of taxes on the homes of senior citizens in Lexington County and the state of South Carolina. All these amendments were defeated on various roll call votes by this body. The issues facing our senior citizens, in reference to tax relief on the home they live in, by my attempts this session has been recognized as a top priority and the House will be addressing this issue in a stand alone bill later this year and in next years budget process. The Senate today, because of the lack of action by the House, has just passed legislation sponsored by Senator Joe Wilson raising the homestead exemption from $20,000.00 to $50,000.00. For this reason, I am voting for this budget. I will continue to fight and lead the charge to allow the senior citizens of this state to one day reach the American Dream of actually owning the home they live in, after the mortgage is paid off, and not to continue to rent it from the government, in the name of taxes.
Rep. Jake Knotts
District 88
I voted for this budget bill today even though it does not have included in it an increase for our senior citizens homestead exemption. I was hesitant to vote in favor of this budget for this very one reason, but looking at the budget as a whole there are other issues of importance pertaining to education issues, tax relief, medical, etc. As the record reflects I prepared and introduced numerous amendments in an attempt to to get homestead tax exemption raised from $20,000.00 to $40,000.00 which would practically eliminate the county portion of the vast majority of taxes on the homes of senior citizens and the state of South Carolina. All these amendments were defeated on various roll call votes by this body. The issues facing our senior citizens, in reference to tax relief on the home they live in, by my attempts this session has been recognized as a top priority and the House will be addressing this issue in a stand alone bill later this year and in next years budget process. The Senate today, because of the lack of action by the House, has just passed legislation sponsored by Senator Joe Wilson raising the homestead exemption from $20,000.00 to $50,000.00. For this reason, I am voting for this budget. I will continue to fight and lead the charge to allow the senior citizens of this state to one day reach the American Dream of actually owning the home they live in, after the mortgage is paid off, and not to continue to rent it from the government, in the name of taxes.
Rep. Henry E. Brown, Jr.
District 99
I voted in favor of this budget although it has several areas that I would not support if they were separate bills or items I could take out individually. First, this budget is balanced by using the tobacco settlement funds, mainly in the DHHS budget. The DHHS budget experienced a gross deficit last year as well as this year. We seem to be winking at the problems of this shortfall and fix it by giving them more money without addressing the real problem. This budget would be out of balance were it not for the windfall of the settlement. The purpose of the lawsuit brought by the various states was to reimburse states for tobacco related health care costs and to have an anti-smoking campaign to keep people (especially teenagers) from starting to smoke. Therefore, to use the funds to balance the budget is a horrible misuse of the funds, and sets a bad precedence for future years. We are told the DHHS budget will experience a shortfall next year and I fear the funds will be used again next year to balance the budget. Many votes were taken to eliminate funds from different departments to theoretically increase the homestead exemption for senior citizens. While this idea may have merit due to inflation, the tax study commission recommended the elimination of sales tax on food and indexing the tax tables because they impact all citizens of South Carolina. This idea of increasing the homestead exemption should be studied this next year in a comprehensive examination of all taxes. Part of our existing problems in taxation is the targeted tax cuts implemented over the years (like the ones for seniors.) Another problem I have with this budget is the limited tax cuts implemented this year. I believe in a budget with almost $1 billion dollars in new money we didn't have in last year's budget, we should increase some of our existing tax cuts. We spend money on recurring items with non-recurring money. This commits us to spend money on items next year we may not have coming in again.
The budget does have some items I strongly support as I have mentioned. We start to eliminate the sales tax on food and index tax tables that will benefit all South Carolinians. We provide a significant increase in funding for education measures that will hopefully increase accountability for better performance. This budget also starts to address the deficit spending that has taken place over the past few years, particularly last year. While I do not think this should be done with tobacco settlement funds, I think it is critical to stop the annualization problem increased in the past few years. I am pleased we also adopted a couple of long fought amendments in health services like requiring DHEC to recognize the parents' right to keep their children from receiving contraceptives if the parent chooses to prohibit a state agency from freely distributing them. We also adopted a prohibition of spending state dollars on abortions except in the case of rape, incest, and the life of the mother. By adopting the Tobacco Health Care trust fund, we commit to a future level of security that funds will exist down the road to fund tobacco related illness treatment and cessation programs. While no budget is perfect, I believe the good outweighs the bad in this budget.
Rep. Michael Easterday Rep. Robert Leach
Rep. Rex Rice Rep. Dwight A. Loftis
Rep. Richard Quinn
I voted for H4775, General Appropriation Bill, although I would not support several areas if they were separate bills. Specifically, use of tobacco settlement funds to balance the budget, instead of for tobacco related health care costs and anti-smoking campaigns to keep people (especially teenagers) from starting to smoke. Funding recurring items with non-recurring funds (deficit spending) was addressed, but more attention to this needs to occur, without use of tobacco settlement funds. Finally, it concerns me that some provisions, especially in heath care areas, diminish the strength of families, authority of parents, and deterrents to immorality.
Rep. Glenn L. Hamilton
I voted in favor of this budget even though it contains several items I would not support if they were separate bills or items I could vote on individually. First, this budget is balanced by using the tobacco settlement funds, mainly in the DHHS budget. The DHHS budget experienced a gross deficit last year as well as this year. We seem to be winking at the problem of this shortfall and fixing it by giving them more money without addressing systemic problems. This budget would be out of balance were it not for the windfall of this settlement.
The purpose of the lawsuit brought by the various states was to reimburse states for tobacco related health care costs and to have an anti-smoking campaign to keep people (especially teenagers) from starting to smoke. To use tobacco funds to balance the budget is a misuse of the funds, and sets a bad precedence for future years. We are told the DHHS budget will experience a shortfall next year and I fear the funds will be used again next year to balance the budget. Many votes were taken to eliminate tax relief or particular appropriations to theoretically increase the homestead exemption for senior citizens.
While this idea may have merit, I preferred to support the recommendations of a tax study commission on which I served, which called for the elimination of sales tax on food and fully indexing income tax brackets to inflation. These tax relief provisions will benefit all citizens of South Carolina. The idea of increasing the homestead exemption should be studied this next year in a comprehensive examination of all taxes.
Part of our existing problems in taxation is the targeted rather than general tax cuts implemented over the years. Although we provided tax relief in the budget, I wish we had done more. In a budget with almost $1 billion dollars in new money we didn't have in last year's budget, we should increase some of our existing tax relief.
The budget does have some items I strongly support. In addition to the tax relief referred to above, we provide a significant increase in funding for education measures that will hopefully increase accountability and performance. This budget also starts to address the deficit spending that has taken place over the past few years, particularly last year. While I do not think this should be done with tobacco settlement funds, I think it is critical to stop the annualizations of the past few years. I am also pleased we adopted a couple of long fought for amendments in health services like requiring DHEC to recognize parents' right to keep their children from receiving contraceptives if the parent chooses to prohibit such distribution. We also adopted a prohibition of spending state dollars on abortions except in the case of rape, incest, and the life of the mother.
I am pleased about the adoption of a couple of tax reform and incentive amendments I personally offered. These include the Capital Gain Holding Period Reform Act, and the Conservation Incentives Act. Another amendment I offered but withdrew was the Marriage Penalty Tax Relief Act. I withdrew the amendment because it would place the budget out of balance and annualize $77 million in tax relief. However my support for this important tax reform is not diminished. I will work on passage of this important tax equity measure next year in a deliberate and planned fashion, so as not to place the budget out of balance.
While no budget is perfect, I believe the good outweighs the bad in this budget; consequently I have decided to cast my vote in favor of it.
Rep. Chip Campsen
I voted for this budget bill because of the tax relief and education provisions that benefit South Carolina families. I do have some concerns about specific area of this bill and my vote for this budget bill does not diminish these concerns.
Bill Sandifer Elsie Rast Stuart
Rita Allison James N. Law
Bob Walker Byron K. Webb
Tracy Edge Mark S. Kelley
William Witherspoon Glenn Hamilton
Thomas Keegan Bob Leach
J. Adam Taylor Dwight Loftis
Lanny Littlejohn Harry Cato
Ronald Townsend J. Roland Smith
Edie Rodgers James H. Harrison
Bill Riser Rick Quinn
Larry Koon Doug Smith
Chip Campsen H. B. "Chip" Limehouse
Gary Simrill Becky Meacham-Richardson
Henry E. Brown, Jr. Chip Huggins
Gresham Barrett Margaret Gamble
I have voted in favor of this Appropriation Bill. I am disappointed and opposed to all dollars and provisions which were appropriated to the tobacco allotment holders and farmers in South Carolina. I truly believe all of the dollars from the Tobacco Settlement Trust Fund should be used to supplement health care and smoking cessation programs in South Carolina. I am even more disappointed that no new monies were dedicated to deter our youth from using tobacco products. I believe it is bad policy for this body to support individual retirement policies to the tune of hundreds of millions of dollars, in the tobacco farming community. We should serve all of its citizens, not just a chosen few.
Rep. Lynn Seithel
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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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. CHUCK ALLEN
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 29; Part II, Section 18; Part IA, Section 9 IB
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. CHIP CAMPSEN
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 and Part IB, Sections 9, 13, 33; Part IA, Section 10
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. 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 IB and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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. GREG 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 IB, Section 63C.9
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). I am an employee of U.S.C.
Rep. MARGARET 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 and IB, Section 5K and all amendments in and to 5K
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). I am an employee of U.S.C.
Rep. MARGARET 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 IB and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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. C. ANTHONY HARRIS
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 and Part IB, Sections 30, 55 and 64
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 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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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 HAWKINS
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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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 60
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. JAMES 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 IA, Section 9
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. DAVID J. MACK 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 IB and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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. J. CORDELL MADDOX
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 No. 5A-H03 (Entire Section)
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. BESSIE MOODY-LAWRENCE
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 1, Part IB, Section 1 and 1A
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 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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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. TODD RUTHERFORD
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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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 and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, and 55
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:
Parts IA, IB and Part II, Sections 30, 38, 39, 42, 43, 44, 45, 46, 51, 53, 55, 50 and 62
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 E. SMITH, 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 and IB, Sections 38, 42, 43, 51 and 66
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. DAVID H. WILKINS
The following Joint Resolution was taken up:
H. 4776 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1999-00.
Rep. KIRSH proposed the following Amendment No. 1 (Doc Name h-wm\009\crfbambrg.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 1, page 3, lines 4-5, by striking:
/(30) State Library
Bamberg County Library 350,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. RHOAD spoke against the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name h-wm\003\crfrenaiss.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 1, page 1, lines 34-35, by striking
/(6) Department of Commerce
Spartanburg Renaissance Project
1,000,000 /
Renumber sections to conform.
Amend totals and titles to conform.
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 Altman Bales Barfield Barrett Bowers Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cotty Dantzler Davenport Easterday Gamble Gilham Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Hosey Howard Huggins Keegan Kelley Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox McCraw McGee McMahand Parks Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, D. Smith, J. Smith, R. Taylor Townsend Tripp Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Askins Battle Breeland Brown, T. Canty Cobb-Hunter Delleney Edge Emory Fleming Gourdine Jennings Kennedy Kirsh McLeod, M. Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Rutherford Sheheen Simrill Stuart Trotter Whipper Woodrum
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name h-wm\009\crfcoastal.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 1, page 1, lines 29-30, by striking
/(4) Coastal Carolina University
Athletic complex 4,000,000 /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN 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 Altman Askins Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Campsen Canty Cato Chellis Clyburn Cotty Dantzler Davenport Edge Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harrison Harvin Hawkins Hayes Hinson Huggins Keegan Kelley Klauber Koon Lanford Law Leach Lee Limehouse Littlejohn Lourie Lucas McCraw McGee McLeod, W. Miller Neilson Perry Phillips Quinn Rhoad Riser Robinson Rodgers Rutherford Sandifer Seithel Sheheen Smith, J. Smith, R. Taylor Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Brown, G. Cobb-Hunter Delleney Easterday Haskins Hines, J. Jennings Kennedy Kirsh Knotts Lloyd Loftis Mack Maddox McLeod, M. McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Ott Parks Pinckney Rice Sharpe Simrill Stuart Trotter Whipper Wilder
So, the amendment was tabled.
Rep. GILHAM proposed the following Amendment No. 4 (Doc Name council\bbm\amend\9365htc00.doc), which was tabled:
Amend the joint resolution, as and if amended, in Section 1, page 2, by inserting immediately before line 10:
/ (15) Technical College of
the Lowcountry
Renovations to Classroom
Buildings 10 and 14 1,400,000 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. GILHAM explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. GILHAM demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Brown, H. Campsen Cato Chellis Cotty Dantzler Davenport Easterday Edge Emory Frye Gamble Harrell Harrison Haskins Hawkins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Lourie Lucas McCraw McGee McLeod, M. Meacham-Richardson Moody-Lawrence Neal, J.M. Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sheheen Smith, J. Smith, R. Townsend Tripp Trotter Webb Whatley Whipper Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Askins Bales Bowers Breeland Brown, G. Brown, J. Brown, T. Clyburn Delleney Fleming Gilham Gourdine Govan Hamilton Harvin Hines, J. Hosey Jennings Kennedy Klauber Lee Lloyd Loftis Mack Martin McLeod, W. McMahand Miller Ott Parks Pinckney Rodgers Rutherford Sharpe Simrill Stuart Taylor Walker Woodrum
So, the amendment was tabled.
Rep. KIRSH proposed the following Amendment No. 8 (Doc Name h-wm\003\crfconvctr.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 1, page 1, lines 36-37, by striking:
/(7) Department of Commerce
Columbia Convention Center
2,500,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained 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:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Cato Chellis Clyburn Edge Emory Gamble Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines, J. Hinson Hosey Howard Huggins Jennings Keegan Kelley Knotts Koon Law Leach Limehouse Littlejohn Lloyd Lourie Lucas Mack McCraw McGee McLeod, W. Miller Ott Parks Perry Pinckney Quinn Rhoad Rice Riser Robinson Rutherford Scott Seithel Sheheen Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Walker Webb Whatley Whipper Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Davenport Delleney Easterday Gilham Hamilton Haskins Kennedy Kirsh Klauber Lee Loftis McLeod, M. Meacham-Richardson Moody-Lawrence Rodgers Sharpe Simrill Trotter Woodrum
So, the amendment was tabled.
Reps. JENNINGS and J.H. NEAL proposed the following Amendment No. 16 (Doc Name council\bbm\amend\9424htc00.doc), which was tabled:
Amend the joint resolution, as and if amended, in SECTION 1, page 1, by striking item (4) on lines 29 and 30.
Amend further, as and if amended, SECTION 1, page 3, by striking item (31) on lines 6 and 7 and inserting:
/(31)(a) Department of Health and
Environmental Control
Youth Smoking Cessation
Grants and Media
Campaign 5,500,000 /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. H. NEAL explained the amendment.
Rep. KELLEY raised the Point of Order that Amendment No. 16 was out of order in that it was for a reoccurring purpose.
SPEAKER WILKINS stated that in accordance with Code Section 11-11-320 and based on a similar 1994 precedent, the Capital Reserve Fund can be used for non-recurring purposes, which was the purpose of the amendment. He therefore overruled the Point of Order.
Rep. KELLEY moved to table the amendment.
Rep. J. H. NEAL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bowers Brown, H. Brown, T. Campsen Cato Chellis Cotty Dantzler Delleney Easterday Edge Emory Frye Gamble Gilham Hamilton Harrell Harrison Hawkins Hayes Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Lucas Martin McCraw McGee Meacham-Richardson Miller Neilson Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Smith, F. Smith, R. Taylor Townsend Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Brown, J. Canty Carnell Clyburn Cobb-Hunter Davenport Gourdine Govan Harvin Haskins Hines, J. Hosey Howard Jennings Kennedy Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Rutherford Scott Simrill Smith, J. Stuart Tripp Whipper Wilder
So, the amendment was tabled.
Rep. KIRSH spoke against the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Howard Huggins Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Smith, F. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Canty Cobb-Hunter Fleming Hosey Kennedy Kirsh Mack Meacham-Richardson Simrill Whipper Wilder
So, having received the necessary vote, the Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4777 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE SURPLUS GENERAL FUND REVENUES AND TO TRANSFER TO THE GENERAL FUND OF THE STATE A PORTION OF VIDEO POKER LICENSE FEE REVENUES RETAINED BY THE DEPARTMENT OF REVENUE.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\9328HTC00), which was adopted:
Amend the joint resolution, as and if amended, in Section 3, page 2, by inserting immediately after line 43:
/ (16.2) Department of Transportation
Hurricane
Evacuation Communications...........................2,000,000
(16.3) (DOT: Hurricane Evacuation Communications) Of the two million dollars ($2,000,000) appropriated to the Department of Transportation for hurricane evacuation improvements, $12,000 must be utilized in conjunction with the Department of Public Safety, the Emergency Preparedness Division, and ETV for the production of public service announcements for television and radio broadcast during evacuations and $110,000 must be transferred to the Department of Public Safety and utilized to establish a computer link between the Highway Patrol Traffic Czar and the coastal EOC offices and a public information web site. The remainder must be utilized by the Department of Transportation to purchase portable variable message boards and portable highway advisory radio transmitters to be used along disaster evacuation routes. /
Amend the joint resolution further, as and if amended, in Section 3, page 3, item (17), line 2, opposite /Alternative Funding/ by striking /4,000,000/ and inserting /2,000,000/.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. J. Smith proposed the following Amendment No. 7 (Doc Name council\bbm\amend\9425htc00.doc), which was tabled:
Amend the joint resolution, as and if amended, in SECTION 3, page 2, item (13) on line 29 opposite /Operating Expenses/ by striking /150,000/ and inserting / 50,000 /
Amend further, as and if amended, page 2, by inserting a new item appropriately numbered immediately after line 29 to read:
/( ) State Budget and Control Board
Division of Operations
World War II Veterans
Memorial 100,000
(_.1)(a) A World War II History Monument Commission is established to select a design and location of a monument on the State House grounds to honor World War II veterans. The commission consists of fifteen members appointed by the Governor, one of whom he shall designate to serve as chairman. Notwithstanding the provisions of Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to the commission and these legislators shall serve ex officio. Vacancies must be filled in the manner of original appointment. Expenses of the commission must be paid from approved accounts of the State Budget and Control Board. The commission may raise private funds and accept gifts and grants for the construction of the monument. The State Budget and Control Board shall provide the staff support and technical assistance the commission requires.
(b) By March 1, 2001, the commission shall submit a report, including its design and location recommendations, to the State House Committee. After action by the State House Committee approving the design and location, the State House Committee shall cause to be introduced a concurrent resolution allowing the construction of the monument. The commission is abolished on the date the monument is dedicated. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
The Joint Resolution was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4778 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE FISCAL YEAR 1999-2000 SURPLUS GENERAL FUND REVENUES.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name council\bbm\amend\9327htc00.doc), which was adopted:
Amend the joint resolution, as and if amended, in SECTION 2, page 1, by striking items (9) and (9.1) and inserting:
/ (9) Department of Parks, Recreation and Tourism
Alternative Funding ...................2,000,000/
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 5 (Doc Name h-wm\009\psbiodir.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 6, lines 34-35, by striking:
/(83) Department of Archives & History -
House of Representatives
Biographical Directory 25,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 6 (Doc Name h-wm\003\pshistgren.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 2, lines 41-42, by striking:
/(23) Department of Commerce
Historical Greenville Foundation
1,000,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. RICE moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 8 (Doc Name h-wm\002\psbeach.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 6, lines 42-43, by striking:
/(87) Department of Health & Environmental
Control
Beach Restoration 1,000,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. KIRSH explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Rep. W. MCLEOD proposed the following Amendment No. 10 (Doc Name h-m\005\newberry.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 4, Item (51) Adjutant General, after line 39, by adding an appropriately numbered paragraph to read:
/(51._) (Newberry Armory) Of the funds appropriated for Armory Maintenance, $50,000 must be used for maintenance and renovation of the Newberry Armory. /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. W. MCLEOD explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 14 (Doc Name h-wm\003\drug court.doc), which was adopted:
Amend the joint resolution, as and if amended, Section 2, page 5, Judicial Department, after line 11, by adding an appropriately numbered paragraph to read: / the 1 million appropriated for the Drug Court treatment pilot program shall be expended in the following manner: At least 85% for drug court grants and no more than 15% for judicial administration./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. HOSEY and GOVAN proposed the following Amendment No. 19 (Doc Name h-wm\005\psbarnwell.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 2, Department of Parks, Recreation and Tourism, after line 18, by adding an appropriately numbered paragraph to read:
/( ) $500,000 of the funds provided for the PRT Grant Fund shall be used for a Park and Recreation Center in Barnwell./
Renumber sections to conform.
Amend totals and titles to conform.
Rep. HOSEY explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Davenport Delleney Easterday Edge Frye Gamble Hamilton Harrell Haskins Hawkins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Littlejohn Loftis Lucas Martin McCraw McGee Meacham-Richardson Neilson Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Lloyd Lourie Mack Maddox McLeod, M. Moody-Lawrence Neal, J.H. Ott Parks Pinckney Rhoad Rutherford Scott Smith, F. Smith, J. Whipper
So, the amendment was tabled.
Reps. D. SMITH and HAWKINS proposed the following Amendment No. 21 (Doc Name council\bbm\amend\9375htc00.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 4, by inserting immediately after line 39:
/ (52) Arts Commission
Grant Making 500,000 /
Amend further, Section 2, page 7, by striking item (89).
Renumber items within Section 2 to conform.
Amend totals and title to conform.
Rep. HAWKINS explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. HAWKINS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Carnell Cato Chellis Cotty Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Gourdine Hamilton Harrell Harvin Haskins Hines, J. Hinson Hosey Kelley Kirsh Knotts Koon Law Leach Littlejohn Lloyd Loftis Lourie McCraw McLeod, W. McMahand Meacham-Richardson Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, R. Stuart Tripp Trotter Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allison Askins Govan Hawkins Keegan Kennedy Klauber Lee Lucas Martin McGee McLeod, M. Miller Parks Smith, J. Taylor Townsend Walker Whipper Wilder
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 26 (Doc Name h-wm\005\govan.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 7, line 17, by adding an appropriately numbered line item to read:
/( ) Budget and Control Board, Division of
Operations
Orangeburg Water and Sewer
$1,000,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Davenport Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Neilson Perry Quinn Rhoad Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Breeland Brown, G. Brown, T. Canty Carnell Clyburn Cobb-Hunter Emory Gourdine Govan Harvin Hayes Hines, J. Hosey Howard Jennings Kennedy Lloyd Mack McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rice Rutherford Scott Smith, J. Whipper
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 27 (Doc Name h-wm\005\govan100k.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 7, line 17, by adding an appropriately numbered line item to read:
/( ) Budget and Control Board, Division of
Operations
Orangeburg Water and Sewer
$100,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. EASTERDAY raised the Point of Order that Amendment No. 27 was out of order in that it was in violation of Code Section 11-11-140 in that it attempted to create a wish list and would make the Joint Resolution out of balance.
SPEAKER WILKINS stated that the amendment did not violate the Code Section because the Joint Resolution was a work in progress and the body would have to balance it before passage. He therefore overruled the Point of Order.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were not ordered.
The amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 28 (Doc Name h-wm\005\govan10k.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 7, line 17, by adding an appropriately numbered line item to read:
/( ) Budget and Control Board, Division of
Operations
Orangeburg Water and Sewer
$10,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Campsen Cato Chellis Cotty Davenport Easterday Edge Frye Gamble Hamilton Harrell Harrison Hinson Huggins Keegan Kelley Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Lucas McCraw Meacham-Richardson Miller Perry Quinn Riser Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, R. Taylor Tripp Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Bowers Breeland Brown, G. Brown, T. Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hayes Hines, J. Hosey Kennedy Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Moody-Lawrence Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rice Rutherford Stuart Whipper Wilder
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 29 (Doc Name h-wm\005\govan1k1.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 7, line 17, by adding an appropriately numbered line item to read:
/( ) Budget and Control Board, Division of
Regional Development
Orangeburg Water and Sewer
$1,000/
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. GOVAN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Brown, H. Brown, T. Campsen Cato Chellis Cotty Davenport Delleney Easterday Edge Frye Gamble Hamilton Harrell Harrison Hawkins Hinson Huggins Keegan Kirsh Klauber Koon Lanford Leach Limehouse Littlejohn Loftis Martin McCraw McGee Meacham-Richardson Perry Quinn Riser Robinson Rodgers Sandifer Seithel Simrill Smith, R. Taylor Townsend Tripp Walker Webb Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bowers Breeland Brown, G. Canty Carnell Clyburn Emory Gourdine Govan Harvin Haskins Hayes Hines, J. Hosey Howard Jennings Kennedy Lloyd Lourie Lucas Mack Maddox McLeod, M. McMahand Moody-Lawrence Neal, J.H. Neilson Ott Parks Phillips Pinckney Rhoad Rice Rutherford Sharpe Smith, J. Stuart Wilder
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 31 (Doc Name h-wm\005\govanws.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 2, Item (19) Department of Commerce, line 34, by striking opposite Pleasant Valley Commons /600,000/ and inserting /590,000/
Amend the joint resolution further, as and if amended, Section 2, page 7, line 17, by adding an appropriately numbered line item to read:
/( ) Budget and Control Board, Division of
Regional Development
Orangeburg Water
and Sewer 10,000 /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. GOVAN explained the amendment.
Rep. MCMAHAND moved to table the amendment, which was agreed to.
Rep. MILLER proposed the following Amendment No. 32 (Doc Name h-wm\009\ps-georgtwn.doc), which was tabled:
Amend the joint resolution, as and if amended, Section 2, page 3, Item (29) Department of Health and Environmental Control, line 24, by striking opposite Beach Restoration /2,700,000/ and inserting /2,200,000/
Amend the joint resolution further, as and if amended, Section 2, page 3, after line 29, by adding an appropriately numbered line item to read
/( ) State Library
Georgetown County Library
System Building Improvement 500,000 /
Renumber sections to conform.
Amend totals and titles to conform.
Rep. MILLER explained the amendment.
Rep. KELLEY moved to table the amendment.
Rep. MILLER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, H. Campsen Cato Chellis Cotty Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hawkins Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee Meacham-Richardson Moody-Lawrence Perry Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Simrill Smith, R. Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Breeland Brown, G. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Harvin Hayes Hines, J. Hosey Jennings Lloyd Mack Maddox McLeod, M. McLeod, W. McMahand Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Pinckney Rutherford Seithel Sheheen Smith, J. Stuart Wilder
So, the amendment was tabled.
Rep. CANTY proposed the following Amendment No. 33 (Doc Name council\ggs\amend\22566ac00.doc), which was tabled:
Amend the joint resolution, as and if amended, by adding an appropriately numbered item to read:
( ) Department of Archives
Mary McLeod Bethune homeplace
replica to be constructed in
Mayesville on site of her
birthplace 50,000
Renumber sections to conform.
Amend totals and title to conform.
Rep. CANTY explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.
Rep. CANTY proposed the following Amendment No. 34 (Doc Name council\ggs\amend\22567ac00.doc), which was adopted:
Amend the joint resolution, as and if amended, by adding an appropriately numbered item to read:
( 83 ) Department of Archives
Mary McLeod Bethune homeplace
replica to be constructed in
Mayesville on site of her
birthplace 25,000
Renumber sections to conform.
Amend totals and title to conform.
Rep. CANTY explained the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. G. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, H. Campsen Cato Chellis Cotty Davenport Easterday Edge Frye Gamble Gilham Hamilton Harrell Harrison Haskins Hinson Keegan Kelley Kirsh Knotts Koon Lanford Leach Littlejohn Loftis McCraw McGee Perry Quinn Riser Robinson Rodgers Sandifer Smith, R. Taylor Tripp Webb Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Barfield Battle Bowers Breeland Brown, G. Brown, J. Brown, T. Canty Carnell Clyburn Cobb-Hunter Delleney Emory Gourdine Govan Harvin Hawkins Hayes Hines, J. Hosey Howard Jennings Kennedy Klauber Lee Lloyd Lourie Lucas Mack McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Phillips Pinckney Rhoad Rice Rutherford Seithel Sheheen Simrill Smith, F. Smith, J. Stuart Trotter Walker Whatley Whipper Wilder Woodrum
So, the House refused to table the amendment.
Rep. HARRELL spoke upon the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. HARRELL moved that the House do now adjourn, which was agreed to.
At 7:10 p.m. the House, in accordance with the motion of Rep. LOFTIS, adjourned in memory of Doris Loftis Stepp, to meet at 9:30 a.m. tomorrow.
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