Printed Page 1460, Mar. 9
| Printed Page 1480, Mar. 9
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Printed Page 1460, Mar. 9
| Printed Page 1480, Mar. 9
| Rep. QUINN proposed the following Amendment No. 300 (Doc Name L:\council\legis\amend\GJK\21545HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section 47, page 514, by inserting immediately after line 22 /D. The metering requirement of Section 12-21-2776(B) of the 1976 Code is postponed until July 1, 1998. The Department of Revenue and Taxation from revenues accruing to it pursuant to Section 12-21-2720(C) shall notify licensees of the postponement authorized by this subsection./
Rep. QUINN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 300 was out of order as it was not germane in that it referred to the year 1998 and not 1995-96.
The SPEAKER stated that it had to apply to revenues or appropriations in this
current fiscal year for this budget.
Rep. QUINN stated that it directly impacted money in Part I.
The SPEAKER stated that the substantial effect of the amendment changed the metering requirement date and he sustained the Point of Order and ruled the amendment out of order.
Rep. FELDER spoke upon the section.
Rep. FELDER moved to table the section.
Rep. MASON demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Askins Baxley Boan Brown, G. Brown, H. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Davenport Delleney Easterday Fair Felder Fleming Gamble Govan Harrell Harris, J. Harris, P. Harwell Haskins Herdklotz Hines Hodges Huff Hutson Jennings Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stuart Thomas
Townsend Tripp Trotter Vaughn Walker Wells Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Bailey Breeland Dantzler Elliott Fulmer Hallman Keegan Law Limbaugh Rhoad Seithel Smith, D. Whatley Whipper, S. White
So, the section was tabled.
Rep. KIRSH raised the Point of Order that Section 48 was out of order under Rule 5.3 in that it referred to four or five years in advance.
The SPEAKER stated it also referred to the year under debate.
Rep. KIRSH stated that you could not add the other years to it.
The SPEAKER stated that there were many precedents where the Section was held to be germane if it affected the appropriation year being debated and also subsequent years. He further referred to a precedent from March 10, 1994, when the Speaker stated that the provision had to affect the year pertaining to the bill but can also affect other years.
Rep. KIRSH stated that the substantial effect of Section B would be to affect revenue in future years and Section B even said the year 2000.
Rep. FELDER stated that it was clear that it affected this year's revenue and phased it in.
The SPEAKER stated that, consistent with the precedence, he would rule it germane since it did directly relate to this year's revenues and he overruled the Point of Order.
Rep. KIRSH moved to table the section.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
Section 48 was adopted.
Rep. HARRELL moved to reconsider the vote whereby Section 47 was tabled.
Rep. HASKINS moved to table the motion to reconsider.
Rep. ASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Brown, T. Cain Cato Cave Chamblee Clyburn Cooper Delleney Easterday Fair Felder Fleming Govan Harris, J. Harwell Haskins Herdklotz Hodges Howard Huff Jaskwhich Kennedy Keyserling Kinon Kirsh Lanford Lloyd Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Rice Robinson Rogers Sandifer Scott Sharpe Sheheen Simrill Smith, R. Stille Townsend Tripp Trotter Vaughn Whipper, S. Wilkins
Those who voted in the negative are:
Allison Askins Bailey Baxley Brown, H. Carnell Cobb-Hunter Cotty Cromer Dantzler Davenport Elliott
Fulmer Gamble Hallman Harrell Harris, P. Harrison Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Martin McAbee Neilson Quinn Rhoad Richardson Riser Seithel Shissias Smith, D. Spearman Stuart Thomas Walker Wells Whatley Whipper, L. Wilder Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the motion to reconsider was tabled.
Rep. BAILEY moved that the House do now adjourn.
Rep. CROMER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Bailey Boan Breeland Brown, G. Byrd Carnell Cobb-Hunter Cooper Elliott Hodges Howard Kelley Kinon Kirsh Klauber Law Lloyd Martin McAbee McMahand Moody-Lawrence Neal Wilder Wilkes Wofford Worley
Those who voted in the negative are:
Allison Askins Baxley Brown, H. Cain Cato
Cave Chamblee Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Huff Hutson Jaskwhich Jennings Keegan Kennedy Keyserling Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McElveen McTeer Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wright Young, A. Young, J.
So, the House refused to adjourn.
Rep. HASKINS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. JENNINGS moved to rescind Rule 3.9.
Those who voted in the affirmative are:
Anderson Askins Baxley Brown, H. Cain Carnell Cato Cooper Davenport Easterday Elliott Fair Felder Fleming Fulmer Govan Hallman Harrell Harris, P. Harrison Haskins Herdklotz Jaskwhich Keegan Kennedy Klauber Koon Limehouse Littlejohn Marchbanks Martin Mason McAbee Meacham Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Whatley Wilkes Wilkins Wright
Those who voted in the negative are:
Allison Bailey Boan Breeland Brown, G. Brown, T. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Delleney Gamble Harris, J. Harwell Hines Hodges Howard Huff Jennings Kelley Keyserling Kinon Kirsh Knotts Lanford Law Limbaugh Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Quinn Richardson Rogers
Scott Sheheen Shissias Spearman Stuart Thomas Walker Wells Whipper, L. Whipper, S. White Wilder Witherspoon Wofford Worley Young, J.
So, the House refused to rescind Rule 3.9.
Rep. KEEGAN proposed the following Amendment No. 98 (Doc Name
L:\council\legis\amend\JIC\5556HTC.95), which was rejected.
Amend the bill, as and if amended, Part II, Page 516, SECTION 49, by
striking line 14 and inserting:
/B. Section 12-27-400(A) of the 1976 Code, as last amended by Section 17, Part II, Act 497 of 1994, is further amended by adding at the end:
"All interest earnings on the county transportation fund in the State Treasury must be credited to the State Highway Fund."
C. Section 12-27-1270 of the 1976 Code, as last amended by Act 164 of 1993, is further amended by adding at the end:
"All interest earnings on the Economic Development Account must be credited to the State Highway Fund."
D. This section takes effect July 1, 1995./
Renumber sections, amend title/totals to conform.
Rep. KEEGAN explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. HUFF moved to rescind Rule 3.9.
Rep. CROMER demanded the yeas and nays, which were not ordered.
Rule 3.9 was rescinded by a division vote of 72 to 10.
Rep. TOWNSEND moved to table the amendment, which was not agreed to by a division vote of 32 to 56.
The amendment was then rejected by a division vote of 45 to 51.
The SPEAKER granted Reps. ASKINS and KENNEDY a leave of absence for the remainder of the day.
Reps. HODGES and WILKES proposed the following Amendment No. 247 (Doc Name
L:\council\legis\amend\JIC\5579HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Page 516, by striking
SECTION 49 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN continued speaking.
Rep. HODGES spoke in favor of the amendment.
Rep. WORLEY spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Breeland Brown, H. Cain Cato Chamblee Clyburn Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McMahand
Meacham Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Stille Stuart Tripp Vaughn Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Bailey Baxley Beatty Boan Brown, J. Brown, T. Byrd Cave Cobb-Hunter Cooper Cotty Cromer Delleney Gamble Govan Harris, P. Hines Hodges Howard Kirsh Lloyd McCraw McElveen McTeer Moody-Lawrence Neal Neilson Rogers Sheheen Simrill Spearman Townsend Trotter White Wilder Wilkes
So, the amendment was tabled.
Rep. SANDIFER moved to reconsider the vote whereby Amendment No. 98 was
rejected.
Printed Page 1460, Mar. 9
| Printed Page 1480, Mar. 9
|