Printed Page 1140, Feb. 29
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Printed Page 1140, Feb. 29
| Printed Page 1160, Feb. 29
| Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. SPEARMAN 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 Brown, J. Brown, T. Cain Canty Cato Cotty Cromer Dantzler Delleney Easterday Felder Gamble Hallman Harrell Harrison Harvin Haskins Herdklotz Hutson Inabinett Keegan Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Loftis Marchbanks Mason McAbee McCraw Meacham Moody-Lawrence Phillips Quinn Rhoad Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Tripp Tucker Vaughn Waldrop Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Wofford Worley Wright Young-Brickell
Allison Cave Chamblee Davenport Fleming Harris, J. Harris, P. Hines, M. Howard Kelley Keyserling Lanford Lee Littlejohn McElveen McTeer Neal Neilson Richardson Scott Smith, D. Stille Townsend Trotter Walker Wells White
So, the amendment was tabled.
Section 24 as amended was adopted.
I wish to be recorded as voting in favor of the amendment. I inadvertently voted to table the amendment.
Rep. C. ALEX HARVIN III
Debate was resumed on Section 26.
Rep. GAMBLE proposed the following Amendment No. 211 (Doc Name P:\amend\PT\2312CM.96), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 26, Page 523, by adding an appropriately numbered paragraph to read:
/__. In all criminal proceedings in circuit court where the death penalty is being sought against a defendant receiving representation pursuant to Title 17, Chapter 3, the defendant must be provided with apparel, the cost of which may not exceed two hundred dollars, to be provided by the Indigent Defense Fund which must be worn in court at all times unless the defendant desires to wear his own apparel at his expense in which case he may do so. Other than the apparel provided the defendant under this section or the apparel the defendant provides at his own expense, the State has no other obligation to provide clothing or apparel for these proceedings to this defendant. The Office of Indigent Defense, in its sole discretion, shall determine what apparel to procure for male defendants and for female defendants, but which may include jumpsuits for men,
E. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 141, which was proposed on Wednesday, February 28, by Rep. GAMBLE.
Rep. GAMBLE moved to table the amendment, which was agreed to.
Section 26 as amended was adopted.
Debate was resumed on Section 28.
Section 28 was adopted.
Rep. HARRISON proposed the following Amendment No. 79 (Doc Name P:\amend\pfm\8014AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-145-20 OF THE 1976 CODE, RELATING TO FUNDING SINGLE-GENDER EDUCATIONAL OFFERINGS, SO AS TO PROHIBIT THE COMMISSION ON HIGHER EDUCATION FROM REQUIRING A CHANGE TO A COURT-APPROVED, SINGLE-GENDER EDUCATIONAL PROGRAM WHICH WOULD HINDER A SUBSTANTIVELY COMPARABLE OUTCOME; AND TO AMEND ACT 145 OF 1995, RELATING TO THE GENERAL APPROPRIATIONS ACT, SO AS TO REVISE THE EFFECTIVE PROVISION RELATING TO SINGLE-GENDER EDUCATION AND TO DESIGNATE CERTAIN PROVISIONS OF THE ACT AS CHAPTER 145, TITLE 59.
A. Section 59-145-20 of the 1976 Code, as added by Section 95B, Part II, Act 145 of 1995, is amended to read:
B. Section 95C, Part II of Act 145 of 1995 is amended to read:
"C. This section takes effect upon approval of this act by the Governor, but shall be is void and of no effect if the United States Supreme Court issues a ruling which reverses the holding in U.S. v. Commonwealth of Virginia, 44 F.3d 1229, 1232, 1238 (4th Cir. 1995) prohibits a state from funding any single-gender educational program."
C. Sections 95A and 95B, Part II, Act 145 of 1995 are designated as Sections 59-145-10 and 59-145-20 of the 1976 Code, respectively, and further are designated as Chapter 145 of Title 59 of the 1976 Code entitled `Single-Gender College'./
Renumber sections & amend totals/title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 93 (Doc Name P:\amend\GJK\22404HTC.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-1-200 SO AS TO REQUIRE THOSE STATE OFFICERS AND EMPLOYEES WHO ARE FURNISHED HOUSING AND CHARGED RENT BY THEIR EMPLOYER TO BE CHARGED RENT IN AN AMOUNT EQUAL TO THE FAIR MARKET RENTAL VALUE OF THE SPECIFIC HOUSING PROVIDED.
A. Chapter 1, Title 8 of the 1976 Code is amended by adding:
"Section 8-1-200. When a state agency provides housing to an agency officer or employee and charges rent for the housing, the rent charged must equal the fair market rental value of the specific housing provided."
B. This section takes effect July 1, 1996, and applies with respect to rent due after July 1, 1996, or, when the rent is fixed pursuant to a lease
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 93 was out of order as it was not germane.
Rep. KIRSH argued contra the Point in stating that it dealt with college expenses in Part I.
Rep. SHEHEEN cited Page 150, Section 18MA, other operating expenses under MUSC.
Rep. McABEE stated that the thrust of the amendment was to enhance the monies that go into Part I and that the amendment tried to do indirectly what could not be done directly.
The SPEAKER stated that it did relate back to Part I and he overruled the Point of Order.
Rep. McABEE spoke against the amendment.
Rep. McABEE continued speaking.
Rep. CROMER spoke in favor of the amendment.
Rep. L. WHIPPER spoke against the amendment.
Rep. FELDER spoke against the amendment.
Rep. FELDER continued speaking.
Rep. KIRSH spoke in favor of the amendment.
Rep. FELDER moved to table the amendment, and demanded the yeas and nays, which were taken resulting as follows:
Anderson Askins Bailey Breeland Brown, G. Brown, J. Brown, T. Cain Canty Cave Clyburn Cobb-Hunter Dantzler Delleney Felder Govan Harrell Harris, P. Harrison Harvin Herdklotz Hines, M. Howard Inabinett Keegan Keyserling Kinon Klauber Knotts Koon Law Lee Limehouse Lloyd Mason McAbee McElveen McMahand McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Scott Seithel Sharpe Smith, R. Spearman Stoddard Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Wofford Wright
Those who voted in the negative are:
Allison Cato Cotty Cromer Davenport Easterday Gamble Hallman Haskins Hodges Hutson Jaskwhich Kelley Kirsh Lanford Limbaugh Littlejohn Loftis Marchbanks McCraw McKay Meacham Robinson Rogers Sandifer Sheheen Shissias Simrill Smith, D. Stille Stuart Thomas Tripp
Trotter Vaughn Walker Wells Wilkins Worley
So, the amendment was tabled.
Rep. MARCHBANKS proposed the following Amendment No. 107 (Doc Name P:\amend\PT\2311AC.96), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-19-70 OF THE 1976 CODE, RELATING TO THE OFFICERS AND EMPLOYEES OF THE STATE REORGANIZATION COMMISSION, SO AS TO REFERENCE ITS FUNCTIONS UNDER THE COMPLIANCE REVIEW ACT OF 1988 AND DELETE REFERENCES TO OTHER AUTHORITY OF THE COMMISSION EFFECTIVE JANUARY 1, 1997; TO AMEND SECTION 2-65-70, RELATING TO INDIRECT COST RECOVERY, SO AS TO DELETE A REFERENCE TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE; TO REPEAL SECTIONS 1-19-10 THROUGH 1-19-50 AND 1-19-80 THROUGH 1-19-270, ALL RELATING TO THE FUNCTIONS OF THE STATE REORGANIZATION COMMISSION EFFECTIVE JANUARY 1, 1997; TO REPEAL CHAPTERS 39, 43, 47, 53, 55, 68, AND 73 OF TITLE 2, CHAPTER 21 OF TITLE 51, ALL RELATING TO VARIOUS STUDY COMMITTEES; AND TO REPEAL SECTIONS 2-65-20 THROUGH 2-65-60 AND 2-65-80 THROUGH 2-65-120, RELATING TO THE JOINT APPROPRIATIONS REVIEW COMMITTEE EFFECTIVE JANUARY 1, 1997.
A. Section 1-19-70 of the 1976 Code is amended to read:
"Section 1-19-70. The Commission shall elect from its membership a chairman, a vice-chairman and a secretary and shall appoint such technical, administrative, clerical and other employees as may be deemed by it to be considers necessary to carry on its functions under the provisions of Chapter 22 of this title. A majority of the commission shall constitute a quorum. No plan of reorganization may be submitted unless such plan shall have the affirmative vote of not less than seven members of the Commission."
"(1) Each agency receiving grants or contracts to which indirect costs may be charged must have an approved indirect cost rate or cost allocation plan. Agencies must prepare the indirect cost proposals and submit them to the Governor for review. The Governor must submit the proposals to the appropriate federal agencies, negotiate the agreements, and transmit approved agreements to the state agencies. The Joint Appropriations Review Committee must be provided with a copy of the proposals, for review and comment, prior to submission to the federal agency."
C. (1) Sections 1-19-10 through 1-19-50 of the 1976 Code are repealed. Sections 1-19-80 through 1-19-270 of the 1976 Code are repealed.
(2) The following provisions of the 1976 Code are repealed:
(a) Chapter 39
of Title 2Mental Health, Mental
Retardation Study
Committee
(b) Chapter 43
of Title 2Textile Industry Study
Committee
(c) Chapter 47
of Title 2Joint Bond Review
Committee
(d) Chapter 53
of Title 2Committee on Energy
(e) Chapter 55
of Title 2Health Care Planning and
Oversight Committee
(f) Sections 2-65-20
through
2-65-60 and
Sections 2-65-80
through
2-65-120 Joint Appropriations
Review
Committee
(g) Chapter 68
of Title 2Joint Legislative
Committee
on Cultural Affairs
of Title 2Joint Committee on the
Disabled
(i) Chapter 21
of Title 51Committee on Tourism
D. This section takes effect July 1, 1996, except that subsections A, B, C(1), and C(2)(f) are effective January 1, 1997./
Renumber sections & amend totals/title to conform.
Rep. MARCHBANKS explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, McCRAW, SHARPE, SCOTT, J. BROWN, BYRD, LITTLEJOHN, PHILLIPS and TROTTER proposed the following Amendment No. 108 (Doc Name P:\amend\GJK\22402HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND SECTION 1-11-730, AS AMENDED, OF THE 1976 CODE, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE INSURANCE PLANS, SO AS TO AUTHORIZE PARTICIPATION BY A FORMER MEMBER OF THE GENERAL ASSEMBLY WITH AT LEAST EIGHT YEARS CREDITED SERVICE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM UPON PAYMENT OF THE CONTRIBUTION REQUIRED OF CURRENT EMPLOYEES RATHER THAN THE FULL PREMIUM COST.
Section 1-11-730(B) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(B) A member of the General Assembly who leaves office or retires with at least eight years credited service in the General Assembly Retirement System is eligible to participate in the plans by paying the full current employee share of premium costs as determined by the State Budget and Control Board."
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 108 was out of order as it was not germane in that it did not relate back to Part I.
Rep. TOWNSEND argued contra the Point.
Rep. ROBINSON stated that it eliminated retirees from paying both employer and employee shares and if they are currently doing that, then there is no money for employer shares in Part I.
Rep. TOWNSEND stated that it was rolled over.
SPEAKER Pro Tempore HASKINS stated that it did not relate back to Part I and he sustained the Point of Order and ruled the amendment out of order.
Reps. J. HARRIS and SHARPE proposed the following Amendment No. 113 (Doc Name P:\amend\DKA\3553CM.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-11-760, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROHIBITION OF HUNTING FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTY PROVISIONS, SO AS TO PROVIDE THAT HUNTING FROM ALL PUBLIC HIGHWAYS, HIGHWAY RIGHTS-OF-WAY AND RIGHTS-OF-WAY OWNED BY RAILROADS IS PROHIBITED, AND TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES AND THE DEPARTMENT OF PUBLIC SAFETY TO USE FUNDS APPROPRIATED IN THE ANNUAL APPROPRIATIONS ACT TO ENFORCE THE PROVISIONS OF THIS SECTION.
Section 50-11-760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-11-760. (A) The hunting of all game from all public roads highways, highway rights-of-way, and rights-of-way owned by railroads is prohibited whenever the public roads or railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. `Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for a period not to exceed more than thirty days.
Printed Page 1140, Feb. 29
| Printed Page 1160, Feb. 29
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