Printed Page 1190, Feb. 29
| Printed Page 1210, Feb. 29
|
Printed Page 1190, Feb. 29
| Printed Page 1210, Feb. 29
| The SPEAKER Pro Tempore granted Rep. BOAN a leave of absence for the remainder of the day.
The SPEAKER Pro Tempore granted Rep. McELVEEN a leave of absence.
Rep. YOUNG-BRICKELL 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:
Allison Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Hutson Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Robinson Sandifer Seithel Sharpe Shissias Smith, D. Smith, R. Spearman Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Bailey Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd
Canty Cave Clyburn Cobb-Hunter Delleney Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Inabinett Jennings Keyserling Kinon Kirsh Lee Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Simrill Stille Stoddard Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. SCOTT and QUINN proposed the following Amendment No. 213 (Doc Name P:\amend\PT\2313CM.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-23-540, AS AMENDED, OF THE 1976 CODE, RELATING TO ANNUAL SALARY OF JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO INCREASE THE ANNUAL SALARY OF ASSOCIATE JUDGES FROM EIGHTY TO EIGHTY-FIVE PERCENT OF CIRCUIT COURT JUDGES.
A. Section 1-23-540 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-23-540. The chief judge (Seat 1) shall receive as annual salary equal to ninety percent of that paid to the circuit court judges of this State. The remaining judges shall receive as annual salary equal to eighty eighty-five percent of that paid to the circuit court judges of this State. They are not allowed any fees or perquisites of office, nor may they hold any other office of honor, trust, or profit. Administrative law judges in the performance of their duties are also entitled to that per diem, mileage, expenses, and subsistence as is authorized by law for circuit court judges.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. NEILSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Brown, H. Cain Cato Chamblee Dantzler Davenport Easterday Fulmer Gamble Hallman Harrell Hines, J. Hutson Keegan Kelley Kirsh Knotts Koon Law Limehouse Littlejohn Loftis Marchbanks Mason McKay McTeer Meacham Moody-Lawrence Neilson Phillips Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Waldrop Walker Wells Whatley Wilder Witherspoon Wofford Worley Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, T. Byrd Clyburn Cobb-Hunter Cromer Govan Harris, J.
Harvin Howard Inabinett Keyserling Lanford Lloyd McAbee Neal Quinn Richardson Scott Townsend Tripp Tucker Whipper, L. Wright
So, the amendment was tabled.
Rep. G. BROWN proposed the following Amendment No. 216 (Doc Name P:\amend\JIC\5350CM.96), 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:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RULES CONCERNING CERTAIN MAXIMUM SPEED LIMITS, SO AS TO REVISE THE STATE'S MAXIMUM SPEED LIMITS, AND TO PROVIDE THAT CERTAIN FUNDING FOR THE ADMINISTRATION OF THIS SECTION SHALL BE PROVIDED THROUGH FUNDS APPROPRIATED TO THE ANNUAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 56-5-1510, RELATING THE STATE'S MAXIMUM SPEED LIMIT.
A. Section 56-5-1520 of the 1976 Code, as last amended by Section 36R, Part II of Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed must be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.
(b) Maximum speed limits. Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district;
(3) sixty-five miles an hour on urban interstate highways;
(4) sixty miles an hour on state primary highways; and
(5) seventy-five miles an hour on rural interstate highways.
`Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
The maximum speed limits set forth in this section may be altered as authorized in Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits. The driver of every vehicle shall, consistent with the requirements of paragraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued. Funding for the administration of the provisions of this section considered necessary by the General Assembly shall be provided to the department through funds appropriated to the department in the annual general appropriations act.
B. Section 56-5-1510 of the 1976 Code is repealed./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. LOFTIS raised the Point of Order that Amendment No. 216 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. G. BROWN proposed the following Amendment No. 217 (Doc Name P:\amend\JIC\5351CM.96), 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:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO GENERAL RULES REGARDING MAXIMUM SPEED LIMITS AND WHEN LOWER SPEED LIMITS MAY BE REQUIRED, SO AS TO REVISE THE STATE'S MAXIMUM SPEED LIMITS AND TO PROVIDE THAT CERTAIN FUNDING FOR THE ADMINISTRATION OF THIS PROVISION SHALL BE PROVIDED THROUGH FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE FIFTY-FIVE MILES AN HOUR MAXIMUM SPEED LIMIT.
A. Section 56-5-1520 of the 1976 Code, as last amended by Section 36R, Part II of Act 497 of 1994, is further amended to read:
"Section 56-5-1520. (a) General rule. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event speed must be so controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use care.
(b) Maximum speed limits. Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section, the
(1) thirty miles an hour in any urban district;
(2) fifty-five miles an hour in other locations or on other sections except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510 on state primary highways;
(3) fifty miles an hour on state secondary highways;
(4) sixty miles an hour on urban interstate highways; and
(5) seventy miles an hour on rural interstate highways.
`Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
The maximum speed limits set forth in this section may be altered as authorized in Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits. The driver of every vehicle shall, consistent with the requirements of paragraph (a), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(d) Any person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e) Any citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f) In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."
B. Section 56-5-1510 of the 1976 Code is repealed./
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. MARCHBANKS raised the Point of Order that Amendment No. 217 was out of order as it was not germane.
SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled the amendment out of order.
Reps. HUTSON, KELLEY, LIMEHOUSE, CAIN, ALLISON, MARCHBANKS, GAMBLE, THOMAS, JASKWHICH, KIRSH, HARRISON, KEEGAN, WALDROP, RICE, HALLMAN, VAUGHN, SANDIFER, STILLE, CATO, EASTERDAY, DANTZLER, BOAN, MEACHAM, MARTIN, R. SMITH, LAW, ROBINSON, KNOTTS, TROTTER, FULMER, DAVENPORT, SIMRILL, WITHERSPOON, HARRELL, WHATLEY, YOUNG-BRICKELL, BAXLEY, WORLEY, SHARPE, ASKINS, CROMER, J. HARRIS, CHAMBLEE, KLAUBER, D. SMITH, WRIGHT, KOON, LIMBAUGH, LANFORD, WALKER and S. WHIPPER proposed the following Amendment No. 219 (Doc Name P:\amend\JIC\5349CM.96), 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:
TO PROVIDE THE GENERAL ASSEMBLY, INCLUDING ITS APPROPRIATE STANDING COMMITTEES, TO USE A "ZERO BASE" BUDGET PROCESS IN THE PREPARATION OF THE GENERAL APPROPRIATIONS BILL.
A. The 1976 Code is amended by adding:
"Section . The General Assembly, including its appropriate standing committees, shall use a `zero base' budget process in the preparation of the general appropriations bill."
B. This section takes effect July 1, 1996.
Rep. HUTSON explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 219 was out of order as it was not germane.
Rep. HUTSON argued that the substantial effect of the amendment was the entire Bill and that made it germane.
SPEAKER Pro Tempore HASKINS stated that it had an impact on a future budget and not this one and he sustained the Point of Order and ruled the amendment out of order.
Reps. J. HARRIS and SHARPE proposed the following Amendment No. 220 (Doc Name P:\amend\PT\2317JM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 57-7-90 SO AS TO PROVIDE THAT, FOR THE PURPOSES OF HUNTING, IT IS UNLAWFUL FOR CERTAIN PERSONS TO SHOOT OR DISCHARGE A WEAPON IN CERTAIN PLACES OR POSSESS A LOADED WEAPON IN CERTAIN PLACES, TO PROVIDE PENALTIES, AND TO PROVIDE THE PROCEDURE FOR TICKETING OFFENDERS, AND TO PROVIDE FOR THE DISBURSEMENT OF FEES COLLECTED UNDER THIS SECTION.
The 1976 Code is amended by adding:
"Section 57-7-90. A. Except for law enforcement officers and military personnel acting in the performance of their duties, it is unlawful, for the purpose of hunting, for any person to shoot or discharge a weapon from, onto, or across the right-of-way of any public, paved road, or for the purpose of hunting possess a loaded weapon while occupying any portion of the right-of-way of any public paved highway. This does not prohibit the possession of a weapon inside a vehicle, while the weapon is unloaded and inaccessible.
B. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. However, if discharging the weapon results in property damage or personal injury, the individual must
C. Offenses provided for in this section may be written by any law enforcement officer on a Uniform Traffic Ticket or by the Department of Natural Resources officers on a department Summons Ticket.
D. Fines collected under this provision must be disposed of pursuant to Section 50-1-150."/
Renumber sections & amend totals/title to conform.
Rep. J. HARRIS explained the amendment.
Rep. MEACHAM raised the Point of Order that Amendment No. 220 was out of order as it was not germane.
Rep. SHARPE stated that it tied back to wildlife officers.
Rep. J. HARRIS argued contra the Point in stating that it tied into the county funds on Page 322, Lines 31 and 32.
SPEAKER Pro Tempore HASKINS stated that the lines were total funds and that there was not an appropriation in this Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. D. SMITH proposed the following Amendment No. 228 (Doc Name P:\amend\PFM\8055HTC.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-37-251, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE" AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION TO CALCULATE THE ROLLBACK MILLAGE APPLICABLE IN EVERY PROPERTY TAXING JURISDICTION AND CERTIFY THE MILLAGE TO THE APPROPRIATE GOVERNING BODIES.
A. Section 12-37-251(E) of the 1976 Code, as added by Act 145 of 1995,is amended to read:
"(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. Rollback millage is calculated by dividing the prior year
Printed Page 1190, Feb. 29
| Printed Page 1210, Feb. 29
|