Printed Page 1470, Mar. 9
| Printed Page 1490, Mar. 9
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Printed Page 1470, Mar. 9
| Printed Page 1490, Mar. 9
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Those who voted in the affirmative are:
Baxley Boan Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cooper Cromer Govan Harris, P. Hodges Howard Kirsh Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Rogers Sheheen Townsend Vaughn White Wilder Wilkes
Those who voted in the negative are:
Allison Anderson Breeland Brown, H. Cain Carnell Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Keegan Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Tripp Trotter
Walker Wells Whatley Whipper, L. Whipper, S. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. TOWNSEND spoke against the amendment.
Rep. RICHARDSON moved immediate cloture on Section 49, which was agreed to by a division vote of 52 to 32.
Rep. KEEGAN spoke in favor of the amendment.
Rep. STILLE spoke against the amendment and moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Breeland Brown, T. Byrd Cobb-Hunter Cromer Elliott Harris, P. Hodges Howard Kirsh Lloyd McTeer Moody-Lawrence Neal Rogers Scott Stille Townsend Trotter Whipper, S. Wilder
Those who voted in the negative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Brown, J. Cain Carnell Cato Cave Chamblee
Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Hines Huff Hutson Jaskwhich Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Marchbanks Martin McCraw McElveen Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tripp Vaughn Walker Wells Whatley Whipper, L. White Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SHEHEEN proposed the following Amendment No. 301, which was tabled.
Amend Part II, Section 49, Page 516, Amendment 98, by amending /B. to strike " State Highway Fund" and insert "County Transportation Fund".
Rep. SHEHEEN explained the amendment.
Rep. KEEGAN spoke against the amendment and moved to table the amendment.
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Littlejohn Marchbanks Mason Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Stuart Tripp Trotter Waldrop Walker Wells Whatley Whipper, L. Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Elliott Govan Harris, P. Hines Hodges Howard Keyserling Kinon Kirsh Limbaugh Lloyd Martin McCraw McElveen McMahand McTeer
Meacham Moody-Lawrence Neal Phillips Rhoad Rogers Scott Sheheen Simrill Spearman Stille Stoddard Thomas Townsend Vaughn Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Section 49 as amended was adopted.
Section 50 was adopted.
Rep. KEEGAN explained the section.
Section 51 was adopted.
Rep. ROGERS raised the Point of Order that Section 52 was out of order as it was not germane.
Rep. QUINN argued contra the Point in stating that it directly affected Part I revenue on Page 289, Lines 12 and 16 in Section 42.
Rep. ROGERS stated that there was a significant drop in the expenditure of those lines. He further stated that the only difference he saw was the reduction that every agency got across the board. He further stated that Section C of the proviso was just a repealer to existing statutory law provisions. He further stated that 530 specifically related to the provision that prior to the placement in a community control center, the department had to make a recommendation to that effect and that didn't directly relate to a pre- sentence report and was just a procedural requirement.
Rep. QUINN stated that on Page 288, Line 28, Pre-sentence Investigating Agent, was deleted because of the proviso being offered. He further stated that it reduced Part I.
Rep. ROGERS stated that there was no reduction in Line 28 because there was
no appropriation in this year's budget for Line 28.
Rep. ROGERS stated that with reference to Line 12, that there was a difference but it was the five percent reduction most agencies reflect.
The SPEAKER stated that it satisfied the requirements of Rule 5.3 on germaneness and he overruled the Point of Order.
Rep. ROGERS raised the Point of Order that Section B of Section 52 was out of order as it was not germane in that it was just a procedural requirement and did not involve the expenditure of money.
Rep. QUINN argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ordered Section B of Section 52 stricken from the Bill.
Rep. ROGERS moved to divide the question.
Rep. QUINN moved to table the motion, which was agreed to.
Section 52 was adopted.
Rep. SHEHEEN raised the Point of Order that Section 53 was out of order as it was not germane.
Rep. ROBINSON argued contra the Point in stating that the money flowed through Line 38 on Page 306 in Section 2.
Rep. SHEHEEN stated that you should be able to tell in the permanent provision how it related back to revenue in Part I and there was no reference to the committee or board in that provision.
Rep. ROBINSON stated that the board ultimately decided how the money was spent in that particular line item.
Rep. SHEHEEN stated that it just changed the committee composition.
Rep. ROBINSON stated that the money that was raised from the sales flowed through the line item and the fund was created and went through the other expenses under that section.
Rep. SHEHEEN questioned if it was included in Column 5 or 6, Line 38, on Page 306.
Rep. RHOAD stated that the same committee that had been disbursing the
stamps, etc. was the same one now.
The SPEAKER stated that it did not meet the test of germaneness under Rule 5.3 dealing with appropriations in Part I and he sustained the Point of Order and ordered Section 53 stricken from the Bill.
Section 54 was adopted.
Rep. BOAN proposed the following Amendment No. 27 (Doc Name
L:\council\legis\amend\JIC\5544HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, page 522, SECTION 55, by
striking lines 25 through 29 and inserting:
/"Section 11-11-325. There is established in the State Treasury a fund separate and distinct from the general fund of the state styled the `State Property Tax Relief Fund'. Amounts credited to this fund must be used to provide property tax relief in the manner that the General Assembly shall provide by law for property assessed for ad valorem taxes pursuant to Section 12-43-220(c). However, the first phase of property tax relief must be to remove that portion of the homeowner's tax levied for public school operating costs, not including payments for lease agreements for capital projects. Appropriations may be made to this fund only after the Education Finance Act is fully funded including the inflation factor as determined by the Division of Research and Statistical Services of the State Budget and Control Board. Appropriations to this fund must be recurring revenues."/
Renumber sections, amend title/totals to conform.
Rep. BOAN explained the amendment.
Rep. HALLMAN moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney
Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Neilson Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harris, P. Hines Hodges Howard Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Spearman Stoddard
Thomas Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. H. BROWN proposed the following Amendment No. 89 (Doc Name
L:\council\legis\amend\JIC\5557HTC.95), which was adopted.
Amend the bill, as and if amended, Part II, Page 522, SECTION 55, line
29, by striking the quotation mark and inserting:
/The General Assembly, in the annual appropriations act, shall appropriate funds in the fiscal year beginning July 1, 1995, into the State Property Tax Relief Fund for the purpose of providing partial homestead property tax relief. For fiscal years beginning after June 30, 1996, the General Assembly shall, in addition to the funds appropriated in the fiscal year beginning July 1, 1995, appropriate one-half of the estimated recurring revenue growth expected for the fiscal year until such time that the phase-out of the residential property tax is complete."/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
Section 55 as amended was adopted.
Rep. McABEE proposed the following Amendment No. 11 (Doc Name
L:\council\legis\amend\PFM\7234BDW.95), which was tabled.
Amend the bill, as and if amended, Part II by adding an appropriately
numbered section to read:
The 1976 Code is amended by adding:
"Section 58-17-4096. (A) It is unlawful, without proper authority, for a person to trespass upon railroad tracks.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days. All revenue from these fines must
Renumber sections & amend totals/title to conform.
Rep. P. HARRIS moved to table the amendment, which was agreed to.
Rep. G. BROWN proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\PFM\7245CM.95), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately
numbered SECTION to read:
The 1976 Code is amended by adding:
"Section 56-5-1557. It is unlawful to transport a mobile home along the highways of this State in excess of ten miles below the posted speed limit except when traveling along a highway with a maximum speed limit of twenty-five miles per hour or less. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars."/
Renumber sections & amend totals/title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 66 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\JIC\5530HTC.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a
new section, appropriately numbered, to read:
Printed Page 1470, Mar. 9
| Printed Page 1490, Mar. 9
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