Printed Page 1390, Mar. 8
| Printed Page 1410, Mar. 8
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Printed Page 1390, Mar. 8
| Printed Page 1410, Mar. 8
| Debate was resumed on Section 68A.
Debate was resumed on Amendment No. 65, which was proposed on Monday, March 6, by Rep. H. BROWN.
Rep. H. BROWN explained the amendment.
Rep. H. BROWN moved to adjourn debate upon the amendment, which was adopted.
Rep. HARRELL proposed the following Amendment No. 245 (Doc Name L:\h- wm\legis\amend\FF.026), which was tabled.
Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions, Paragraph 6, Page 475, Line 4, by striking /must be to remove that portion of the homeowners tax for public school operating costs/ and inserting /shall be used to fund public school operating costs, thereby relieving homeowners of that portion of property taxes which relate to public school operating costs/
Renumber sections & amend totals/title to conform.
Rep. HARRELL explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. FELDER spoke against the amendment.
Rep. FELDER moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 65, which was proposed on Monday, March 6, by Rep. H. BROWN.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Section 68A was adopted.
Debate was resumed on Section 69.
Rep. McABEE proposed the following Amendment No. 134 (Doc Name L:\h- wm\legis\amend\DH.8), which was tabled.
Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, By adding an appropriately numbered paragraph to read /Of the funds appropriated in program V.B., Highway Maintenance of this section, $1,254,200 shall be transferred to the South Carolina Department of Corrections for the implementation and operation of an inmate labor highway maintenance road crew./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Brown, J. Cain Cato Cave Chamblee Clyburn Cooper Cotty Delleney Easterday Fair Felder Fleming Harrell Harris, J. Harrison Huff Hutson Jennings Keegan Kelley Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Martin Mason McKay Moody-Lawrence Quinn
Rice Richardson Riser Robinson Sandifer Seithel Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkins Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cobb-Hunter Cromer Dantzler Davenport Gamble Harris, P. Harvin Harwell Herdklotz Hines Hodges Howard Inabinett Jaskwhich Kennedy Keyserling Kinon Klauber Limbaugh Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Neilson Phillips Rhoad Rogers Scott Sharpe Sheheen Shissias Simrill Spearman Stille Stoddard Townsend Tucker Whipper, L. Wilder Wilkes Wofford
So, the amendment was tabled.
The SPEAKER granted Rep. SCOTT a temporary leave of absence.
Rep. WALDROP moved to reconsider the vote whereby Amendment No. 134 was tabled.
Rep. KEEGAN moved to table the motion to reconsider.
Rep. McABEE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Cain Cato Clyburn Davenport Easterday Felder Fulmer Hallman Harrell Harrison Harwell Hutson Jaskwhich Keegan Kelley Kinon Knotts Koon Lanford Limehouse Littlejohn Mason Moody-Lawrence Quinn Riser Sandifer Seithel Smith, D. Smith, R. Spearman Stuart Thomas Vaughn Wells Whatley Wilkins Witherspoon Worley Wright Young, J.
Those who voted in the negative are:
Allison Anderson Bailey Baxley Boan Brown, H. Brown, J. Byrd Carnell Cave Chamblee Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Fair Fleming Gamble Harris, J. Harris, P. Harvin Herdklotz Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Klauber Law Limbaugh Lloyd
Martin McAbee McCraw McElveen McMahand McTeer Meacham Neilson Phillips Rhoad Rice Richardson Robinson Rogers Sharpe Sheheen Shissias Simrill Stille Stoddard Townsend Trotter Tucker Waldrop Walker White Wilder Wilkes Wofford Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. McABEE spoke in favor of the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 134 was out of order as the highway fund must not be used for any purpose other than the purpose provided for in Chapter 27, Title 12. He further stated that this would have to be done in separate legislation.
Rep. McABEE argued contra the Point in stating that this was cleaning up the highway right of way with these funds and this would be part of highway maintenance.
Rep. QUINN stated that this would have to be done in other legislation.
Rep. McABEE stated that this was a program that the highway department used to do and the money came out of the line item in the Highway Department revenue.
Rep. QUINN stated that when you are changing the trust fund it would have to be done in separate legislation and the statute passed last year was meant to prevent this type of amendment.
Rep. McABEE stated that this was not changing the trust fund but merely providing for the maintenance.
Rep. STILLE stated that trust fund money that was matched with federal
dollars must be spent on primary or interstate highways and not all of the
highway money was earmarked for trust fund money.
The SPEAKER stated that Section 12-27-12 of the Code, which was passed in the permanent provisos of the budget last year, stated that except for the roughly $8.8 million transferred contained in the Appropriations for 1994-95, the highway fund must not be used for any purposes other than the purposes provided in Chapter 27, Title 12 as originally enacted except by separate legislation specifically for this purpose passed by a special vote of the General Assembly. He further stated that this section may not be amended or repealed except by separate legislation enacted specifically for this purpose. He further stated that after looking at Chapter 27, Title 12, he did not see where the purposes outlined in the amendment were in any way implied or enumerated in the Chapter and he sustained the Point of Order and ruled the Amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 155 (Doc Name
L:\council\legis\amend\DKA\3783CM.95), which was tabled.
Amend the bill, as and if amended, Part IB, SECTION 69, DEPARTMENT OF
TRANSPORTATION, beginning on page 475, by adding an appropriately numbered
paragraph to read:
/__. For the current fiscal year, Section 57-11-20 of the 1976 Code is amended to read:
"Section 57-11-20. (A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `state highway fund' and all federal revenues and federal monies must be deposited into the `federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law.
(B) Beginning July 1, 1993, The department must process all payment for goods and services, including right-of-way acquisitions through the office of the Comptroller General.
(C) Beginning January 1, 1994, The department shall process the payment for all personnel services through the office of the Comptroller General.
(D) For all capital improvement and permanent improvement projects
beginning on or after July 1, 1994, the department shall enter detailed
project numbers on all transactions submitted to the Comptroller General.
(F) Beginning July 1, 1993, The department is not considered a lump sum agency. The department shall not recover engineering or administrative cost from a highway construction project until that project has been completed and the contractor has received full payment. The department shall make final payment to the contractor within ninety days of final acceptance of the project by the department. Failure to timely make payment shall require the department to pay an administrative fee to the contractor of one percent of the amount owed a month."/
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. RICHARDSON spoke in favor of the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. KEEGAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, H. Cain Cato Cave Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fulmer Hallman Harrell Harris, J. Harrison Herdklotz Hines Hodges Huff Hutson Jaskwhich Jennings Keegan Keyserling Knotts Koon Law Limbaugh Limehouse
Marchbanks Martin Mason McCraw McMahand McTeer Neilson Phillips Quinn Rhoad Richardson Riser Robinson Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stoddard Stuart Thomas Tripp Tucker Vaughn Wells Whatley White Wilder Wilkes Wilkins Wofford Wright Young, A.
Those who voted in the negative are:
Allison Anderson Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Chamblee Cobb-Hunter Cooper Fleming Gamble Harris, P. Harwell Howard Inabinett Kelley Kennedy Kinon Kirsh Klauber Lanford Littlejohn Lloyd McElveen Meacham Moody-Lawrence Rice Sandifer Simrill Smith, D. Stille Townsend Trotter Walker Whipper, S. Witherspoon Worley Young, J.
So, the amendment was tabled.
Rep. McABEE proposed the following Amendment No. 267 (Doc Name L:\h- wm\legis\amend\DH.8), which was tabled.
Amend the bill, as and if amended, Part IB, Section 69, Department of Transportation, by adding an appropriately numbered paragraph to read /Of the funds appropriated in program V.B., Highway Maintenance of this
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. D. SMITH spoke against the amendment.
Rep. QUINN raised the Point of Order that Amendment No. 267 was out of order in compliance with Section 12-27-12.
Rep. McABEE argued contra the Point in stating that there were several provisos in the budget which point out that any amendment to the Appropriations Bill is in order if it provided how the agency was supposed to spend the money under the line item and it did not provide for moving the money out of the trust fund, it just directed the Highway Department on how to spend that portion of the money and for what purpose and it was in order.
The SPEAKER stated that there was a statute which stated that the highway fund must not be used for any purpose other than purposes provided for in Chapter 27, Title 12, as originally enacted, except by separate legislation specifically for this purpose and passed by a special vote of the General Assembly, and that this section may not be amended or repealed except by separate legislation enacted specifically for this purpose. He then questioned where in Chapter 27, Title 12, the implementation and operation of inmate labor was allowed.
Rep. McABEE stated that it did not provide for inmate labor, however, in the past the highway department had provided the services with their own labor and this merely provided an alternate use of the funds to utilize the inmates. He further stated that part of the maintenance of the highway system was litter control and to cut the grass, and other things necessary within the bounds of the highway right of way. He further stated that this, by proviso, was only directing the department to carry out a program.
The SPEAKER stated that initially he thought the amendment was out of order for the same reasons earlier, but in reading the statute again, the House did pass from time to time procedural controls by saying that it had to be passed in separate legislation so every law cannot be changed that was passed in Part II. He further stated that the first part of the statute passed last year stated that except of the $8.8 million transferred contained in the General Appropriations Act, the highway fund must not be used for any purposes and that if you did not have the first part of the sentence which stated except of that transferred, then the amendment might be out
Rep. MARCHBANKS moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Askins Beatty Breeland Brown, H. Brown, T. Cain Cato Cave Clyburn Cotty Dantzler Davenport Easterday Felder Fulmer Hallman Harrell Harrison Hines Hutson Keegan Kelley Kennedy Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McElveen Moody-Lawrence Neilson Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Thomas Tripp Vaughn Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Bailey Baxley Boan Brown, G. Brown, J. Byrd Carnell Chamblee Cooper Cromer Delleney Fair Fleming Gamble Harris, J. Harris, P. Harwell Herdklotz Hodges Howard Inabinett Jaskwhich Jennings Keyserling Kinon Kirsh Klauber Martin McAbee McCraw McMahand McTeer Meacham Phillips Rhoad Riser Rogers Scott Sheheen Simrill Spearman Stille Stoddard Stuart Trotter Tucker Waldrop Whipper, L. White Wilder Wilkes
So, the amendment was tabled.
Printed Page 1390, Mar. 8
| Printed Page 1410, Mar. 8
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