Printed Page 1433, Mar. 9
| Printed Page 1450, Mar. 9
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Printed Page 1433, Mar. 9
| Printed Page 1450, Mar. 9
| Reps. KIRSH and HUFF proposed the following Amendment No. 15 (Doc Name
L:\council\legis\amend\DKA\3771CM.95), which was tabled.
Amend the bill, as and if amended, Part II, by striking SECTION 47 in
its entirety.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. KIRSH spoke in favor of the amendment.
Reps. HALLMAN and BAILEY spoke against the amendment.
Rep. HUFF spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. KOON moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cave Clyburn Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Lloyd Martin McAbee Quinn Rhoad Riser Scott Seithel Sharpe Shissias Smith, D. Spearman Stille Stoddard Stuart Townsend Tucker Wells Whatley Whipper, S. White Wilder Wilkes Witherspoon
Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Cain Cato Chamblee Cooper Davenport Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Huff Jaskwhich Kirsh Marchbanks Mason McCraw McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Rogers Sandifer Sheheen Simrill Smith, R. Tripp Trotter Vaughn Waldrop Walker Wilkins
So, the amendment was tabled.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
Reps. ROBINSON and HUFF proposed the following Amendment No. 19 (Doc Name
L:\council\legis\amend\JIC\5525HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions,
SECTION 47, beginning on page 513, by striking subsections A, C, D, E, and F.
Renumber sections & amend totals/title to conform.
Rep. ROBINSON explained the amendment.
Reps. WILKES and McELVEEN spoke against the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Cain Carnell Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Felder Fulmer Gamble Hallman Harrell Harris, P. Harrison Harwell Hines Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Martin McAbee Quinn Riser Rogers Sandifer Scott Seithel Shissias Smith, D. Spearman Stille Stoddard Stuart Tucker Wells Whatley Whipper, S. White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Boan Brown, T. Canty Cato Cave Chamblee Cooper Delleney Easterday Fair
Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Jaskwhich Kennedy Kirsh Littlejohn Mason McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Rice Richardson Robinson Sheheen Simrill Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wilkins Young, J.
So, the amendment was tabled.
Rep. HUFF proposed the following Amendment No. 274 (Doc Name
L:\council\legis\amend\PT\1802AC.95), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions,
SECTION 47, by deleting subsections A., C., E., and F.
Reletter subsections & amend totals/title to conform.
Rep. HUFF explained the amendment.
Reps. WILKES and HALLMAN spoke against the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Fulmer Gamble
Govan Hallman Harrell Harrison Harwell Hines Howard Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Lloyd Marchbanks Martin Quinn Rhoad Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Wells Whatley White Wilder Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Boan Cain Canty Cato Chamblee Cooper Delleney Easterday Fair Fleming Harris, J. Haskins Herdklotz Hodges Huff Jaskwhich Kirsh Littlejohn Mason McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Sheheen Simrill Smith, R. Townsend Tripp Trotter Vaughn Waldrop Walker Wilkins Young, J.
So, the amendment was tabled.
Rep. HUFF raised the Point of Order that Section A of Section 47 was out of order as it was not germane as the substantial effect of it was to define types of video poker machines and it did not directly relate to an appropriation in Part I of the Bill.
Rep. HARRISON stated that if the machines were not made legal under the proviso, then it clearly would affect the amount of revenue the State received and would be germane.
Rep. JENNINGS stated that Section A simply changed the definition of the machines to take care of the Supreme Court decision and it had a direct impact on revenues. He further stated that if the change was not adopted, then the revenues would not and could not be derived and therefore, it had a direct impact.
Rep. HUFF stated that the primary purpose was to define the type of machine and its substantial effect was not to appropriate money in Part I.
The SPEAKER stated that the second sentence of Rule 5.3 stated that no provision shall be put in the permanent part of any such bill unless it relates directly to an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill. He questioned how Section A of Section 47 complied with that sentence of Rule 5.3.
Rep. HARRISON stated that Section 12-21-2710 stated that it was unlawful to keep certain machines on the premises and this said that these types of machines are legal and can be licensed and that this would directly affect the licensing revenue that come from the machines and therefore, would relate to Part I.
The SPEAKER stated that it did not deal with license fees, it just allowed certain machines.
Rep. HARRISON stated that if the machines were unlawful, then they could not be kept on the premises and, therefore, license fees would not be paid.
Rep. HUFF stated that the substantial effect was to define the machines authorized and where they can be located.
Rep. JENNINGS stated, citing Rule 5.3, that the revenue provided therein was the fees from the machines and that this part simply changed the definition of the machines and by doing that it had a direct impact. He further stated that if it were not adopted, then the revenue would not flow from the fee of that type of machine.
The SPEAKER stated that the whole purpose of Rule 5.3 was to prevent state
law from being amended in the Appropriations Bill unless it directly related to
an expenditure of funds in Part I.
Rep. FELDER stated that it was germane because if Section A was taken out, then there would be revenue lost which affected the money in Part I.
Rep. HUFF stated that if Section A was taken out, then the definition as found to be the law by the Supreme Court stood.
The SPEAKER stated that he understood that the estimate of money generated from expanding the definition had already been spent in Part I.
Rep. HUFF questioned where in Part I was a specific Line item appropriated and the amount of dollars appropriated.
The SPEAKER stated that the money did have to be spent in Part I.
Rep. CROMER stated there was a line item on Page 374A, coin operated device taxes.
Rep. HUFF stated that the line item related to the increase in the fee.
The SPEAKER stated that the House would consider the next two amendments and then he would rule on the Point of Order.
Reps. ROBINSON and HUFF proposed the following Amendment No. 279, which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, Section 47, beginning on Page 514, by striking "six" and inserting "nine" on Line 12.
Rep. ROBINSON explained the amendment.
Rep. FAIR spoke in favor of the amendment.
Rep. FELDER spoke against the amendment.
Rep. A. YOUNG moved to table the amendment, which was agreed to.
Reps. ANDERSON and FAIR proposed the following Amendment No. 80 (Doc Name
L:\council\legis\amend\BBM\9965JM.95), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions,
SECTION 47, page 515, by striking line 19.
Amend further, Part II, Permanent Provisions, SECTION 47, page 515, by striking /G./ on line 21 and inserting /F./.
Amend totals/title to conform.
Rep. HASKINS spoke in favor of the amendment.
Rep. WILKES spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. MEACHAM spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. R. SMITH spoke in favor of the amendment.
Rep. HALLMAN spoke against the amendment and moved to table the amendment.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrison Harwell Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Law Limbaugh Limehouse Lloyd Martin McAbee McTeer Quinn Rhoad Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Whatley White Wilkes Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Boan Brown, T. Cain Canty Cato Chamblee Cooper
Davenport Delleney Easterday Elliott Fair Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Lanford Littlejohn Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whipper, S. Wilder Wilkins Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. WHITE demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Beatty Boan Brown, T. Cain Canty Cato Chamblee Cooper Davenport Delleney Easterday Elliott Fair Fleming Govan Harris, J. Haskins Herdklotz Hodges Huff Hutson Jaskwhich Kirsh Klauber Knotts Littlejohn Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips
Rhoad Rice Richardson Robinson Sandifer Sharpe Sheheen Simrill Smith, R. Stoddard Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whipper, S. Wilder Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Breeland Brown, G. Brown, H. Byrd Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Felder Fulmer Gamble Hallman Harrell Harrison Harwell Hines Jennings Keegan Kelley Keyserling Kinon Koon Law Limbaugh Limehouse Lloyd Martin McAbee Quinn Riser Rogers Scott Seithel Shissias Smith, D. Spearman Stille Stuart Tucker Whatley White Wilkes Witherspoon Wofford Worley Wright
So, the amendment was adopted.
Rep. HUFF moved to reconsider the vote whereby Amendment No. 80 was adopted.
Rep. HASKINS moved to table the motion to reconsider, which was agreed
to.
Printed Page 1433, Mar. 9
| Printed Page 1450, Mar. 9
|