Printed Page 650, Feb. 1
| Printed Page 670, Feb. 1
|
Printed Page 650, Feb. 1
| Printed Page 670, Feb. 1
| Rep. McTEER inquired whether the ruling that would be in the Journal would be word for word or just the Speaker sustaining the Point.
The SPEAKER stated that he would review it and make sure it accurately stated his position.
Rep. McTEER then inquired if it had been recorded.
The SPEAKER stated that it had and he would review the Point of Order and make sure it accurately stated his position before it was sent to the printer.
Rep. McTEER raised the Point of Order that Amendment No. 14 was out of order as it was not germane in that the bonds had not been sold yet.
Rep. SHEHEEN argued contra the point in stating that it had been authorized by statute and this would cancel 15 million dollars worth of authorization.
Rep. McTEER further stated that there was nothing there to retire and there was money going out there, but no bonds had been sold and there was no place for it to go.
The SPEAKER asked whether the Point was being raised because it referred to a potential indebtedness that was in the future and did not now exist. He stated that Section 11-11-410 had a direct authorization for using surplus appropriations for bonds which are authorized but not yet issued and for that reason he overruled the Point of Order.
Rep. SHEHEEN continued speaking.
Reps. H. BROWN and FELDER spoke against the amendment.
Rep. H. BROWN 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:
Allison Bailey Baxley Boan Brown, H. Cain Carnell Cato Cave Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman
Harrell Harris, P. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks McAbee McKay McTeer Meacham Neal Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, S. White Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Brown, T. Byrd Clyburn Cromer Delleney Harris, J. Hines Howard Inabinett Jennings Kirsh Martin McCraw McElveen McMahand Moody-Lawrence Neilson Rogers Sheheen Spearman Stille Stoddard Thomas Townsend Wilder Williams
So, the amendment was tabled.
Amend the joint resolution, as and if amended, page 2, by striking SECTION 3 and inserting:
/SECTION 3. From funds appropriated for the Technical Education Commission Section 3 of this joint resolution, one million dollars must be set aside and made available to the Office of Local Government of the State Budget and Control Board for use in ensuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to criteria developed by the board. Unexpended funds from this setaside revert to the use of the Technical Education Commission.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Howard Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn
Marchbanks McAbee Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Clyburn Harvin Hines Hodges Inabinett Kennedy Keyserling Lloyd Martin McCraw McElveen McTeer Moody-Lawrence Neal Phillips Richardson Rogers Scott Smith, D. Spearman Stoddard Thomas Whipper, S. White Wilder Young, J.
So, the amendment was tabled.
Reps. McELVEEN, KEYSERLING and RICHARDSON proposed the following Amendment No. 17, which was tabled.
Amend the joint resolution by adding an appropriately numbered Section, as follows:
Section _____. One million ($1,000,000) dollars shall be held back from the funds appropriated in Section 1, Item (7) for the Clemson-PSA Garrison Livestock Arena and made available to the Office of Local Government of the State Budget and Control Board, for use in insuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to
Amend sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Keegan Kelley Kinon Klauber Knotts Koon Law Limehouse Littlejohn Marchbanks Martin McAbee McCraw McKay Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon
Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Cave Clyburn Fulmer Govan Hallman Harrell Harvin Howard Hutson Kennedy Keyserling Kirsh Limbaugh McElveen McTeer Meacham Moody-Lawrence Neal Richardson Rogers Seithel Simrill Smith, D. Whipper, L. Whipper, S. Williams Young, J.
So, the amendment was tabled.
Reps. LITTLEJOHN, CATO, CHAMBLEE, HALLMAN, COOPER, DAVENPORT, MEACHAM, VAUGHN, CAIN, EASTERDAY, HASKINS, RICE, A. YOUNG, STODDARD, SIMRILL, LANFORD, WHATLEY, McCRAW, TROTTER, TRIPP, KOON, D. SMITH, QUINN, SHARPE, WRIGHT, WITHERSPOON and KNOTTS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\5362HTC.95), which was rejected.
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. All portraits, flags, banners, monuments, statues, and plaques which may be removed from the State House pursuant to the renovations partially funded by this joint resolution must be returned to their original location when the State House is reoccupied unless the General Assembly shall otherwise direct. An amount not to exceed five
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. BEATTY raised the Point of Order that Amendment No. 18 was out of order as it was not germane.
Rep. QUINN stated that it directly appropriated a portion of the money.
Rep. BEATTY stated that from the previous ruling he understood that you could not change existing law in the Appropriations Bill.
The SPEAKER stated that he cited a precedent from March, 1991, by Speaker Sheheen in which he stated that and he used that as a basis. He further stated that that ruling had stated that you could not change existing law in the Appropriations Bill unless it directly related to the expenditure of funds. He further stated that the significant distinction in the two amendments was that this one directly referred to a dollar amount appropriating $5,000 that is to be used for this purpose and, therefore, it met the criteria that had been set forth and had been referred to in earlier precedents. He further stated that this did directly relate to expenditures and that he had found another precedent in which the Speaker stated that Rule 5.3 had a much more loose interpretation on inclusion of Part I of the Appropriations Bill than Part II and obviously this was in effect Part I appropriations and the fact that it is a direct dollar amount made it germane and he overruled the Point of Order.
Rep. LITTLEJOHN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Govan Harvin
Hines Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Littlejohn Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Richardson Rogers Scott Sheheen Spearman Stille Thomas Wells Whipper, L. Whipper, S. White Wilder Williams Young, J.
Those who voted in the negative are:
Boan Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hutson Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 18 was out of order as it violated Section 11-11-140 in that it dealt with 1993-94 appropriations and the effect of this Act would be over with before the renovations were complete and, therefore, it did not directly affect an appropriation in that year. He further stated that the Joint Resolution would only be valid for this year and would not be in effect after July 1.
The SPEAKER stated that it dealt with the 17 million dollars in the Joint Resolution set forth for the State House renovations and he overruled the Point of Order.
Rep. HASKINS spoke upon the amendment.
The SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day.
The question then recurred to the adoption of the amendment, which was rejected.
Rep. KEYSERLING proposed the following Amendment No. 20, which was tabled.
As and if amended, by
Section 1 page 1
Item (1) line 22 by striking /17,000,000/
and inserting /16,800,000/
Item (2) line 26 by striking /5,000,000/
and inserting /4,800,000/
Item (3) line 29 by striking /3,775,731/
by inserting /3,575,731/
Item (5) line 35 by striking /4,600,000/
by inserting /4,400,000/
Item (7) line 40 by striking /1,900,000/
by inserting /1,700,000/
Page 2 after line by inserting an appropriately numbered item:
B & C Board - Military Base and National Defense Facilities Impact Fund
1,000,000
(1) BCB-Division of
Operations
Statehouse Renovations
(2) Coordinating Council
for Economic Development
Economic Development
Projects
(3) Technical Education
Commission
Special Schools
(4) Forestry Commission
Firefighting
Equipment
(5) Clemson-PSA
Garrison Livestock Arena/
Rep. KEYSERLING explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 18.
Rep. McELVEEN proposed the following Amendment No. 24, which was tabled.
The Budget and Control Board, in its discretion, shall withhold one million ($1,000,000) from the funds appropriated in this joint resolution for use in insuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act (P.L. 101-510). These funds may be expended pursuant to criteria developed by the board. Unexpended funds from this setaside revert to the uses stated in Section 1 on June 30, 1995, unless the board sooner certifies that the funds are not needed to protect defense facilities in this State.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Printed Page 650, Feb. 1
| Printed Page 670, Feb. 1
|