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Printed Page 3230, Mar. 10
| Printed Page 3250, Mar. 10
| Those who voted in the negative are:
Bailey, J. Beatty Cromer Davenport Gamble Govan Hallman Harrison Haskins Hines Hodges Huff Hutson Jaskwhich Keyserling Kirsh Klauber Littlejohn McKay Meacham Moody-Lawrence Neal Neilson Quinn Richardson Robinson Rudnick Sheheen Simrill Smith, R. Stone Stuart Thomas Trotter Waites Wells Wofford Wright Young, A.
So, the amendment was tabled.
Rep. QUINN proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\JIC\5704HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
A. Article 1, Chapter 27, Title 12 of the 1976 Code is amended by adding:
"Section 12-27-12. The transfer of $9,805,066 from the Highway Fund to the general fund of the State contained in the appropriations act for fiscal year 1994-95 must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in the general appropriations act for fiscal year 1994-95 for these fees. Each year thereafter, any transfer of funds from the Highway Fund to the general fund of the State must not exceed the amount of any such transfer during the previous fiscal year and subsequently must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in that year's general appropriations act. Except for the $9,805,066 transfer contained in the general appropriations act for fiscal year 1994-95, the highway fund must not be used for any purposes other than the purposes provided in Chapter 27 of Title 12 as originally enacted except by separate legislation specifically for this purpose passed by a special vote of the General Assembly. This section may not be amended or repealed except by separate legislation enacted specifically for this purpose passed by a special vote of the General Assembly. For purposes of this section,
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. MARTIN proposed the following Amendment No. 132 (Doc Name L:\council\legis\amend\N05\7668BDW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
A. The 1976 Code is amended by adding:
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. MARTIN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 132 was out of order as it did not relate to revenue in Part I.
The SPEAKER stated that it did not relate to revenue in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\DKA\3306BDW.94), which was adopted, later reconsidered and tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
A. Section 55-5-70 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-70. The division shall foster air commerce within the State and the division shall have has supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:
(2) the designing, laying out, location, building, equipping, operation, and use of all airports, landing fields or landing strips.;
(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;
(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and
(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations
Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."
B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1995. The study must be funded from appropriations to the division.
C. This section takes effect July 1, 1994./
D. Notwithstanding compliance with this amendment, the plane used by The Medical University in Chas. shall remain based there for its exclusive use.
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HOLT moved to table the amendment.
Those who voted in the affirmative are:
Anderson Bailey, G. Baxley Breeland Brown, G. Brown, H. Brown, J. Carnell Cooper Farr Felder Gamble Harris, J. Harris, P. Harwell Holt Houck Inabinett Jennings Keegan Kelley Kennedy Kinon Koon Law Martin McAbee McCraw Phillips Rhoad Riser Sharpe Shissias Snow Stille Townsend White Wilder, J. Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Cato Chamblee Cromer Delleney Elliott Gonzales Govan Graham Hallman Harrell Harrelson Harrison Haskins Hines Huff Hutson Jaskwhich Keyserling Kirsh Klauber Littlejohn Marchbanks McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Richardson Robinson Rogers Rudnick Scott Sheheen Simrill Smith, R. Spearman Stone Stuart Thomas Trotter Tucker Waites Walker
Wells Whipper Wilder, D. Wilkins Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. HOLT spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 64 to 30.
Reps. BOAN and ROBINSON proposed the following Amendment No. 138 (Doc Name L:\council\legis\amend\JIC\5720HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
A. Section 8-11-170 of the 1976 Code, as added by Act 164 of 1993, is further amended to read:
"Section 8-11-170. No agency head, deputy director, deputy commissioner, or deputy division director may be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board."
B. The amendment to Section 8-11-170 of the 1976 Code contained in subsection A of this section applies to dual employment entered into after June 30, 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-185. Beginning with compensation paid to members of the General Assembly for the 1995 session, the compensation of members of the General Assembly must be increased annually by the same total percentage of cost of living adjustments provided for state employees' salaries in the last completed fiscal year before the applicable session of the General Assembly."/
Amend title and totals, renumber sections to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN spoke upon the amendment.
The amendment was then adopted by a division vote of 45 to 40.
I voted against Amendment #145 allocating a pay raise for the House.
Rep. CANDY Y. WAITES
Let the Journal reflect that I voted "no" on the pay increase for legislators. The enormous financial needs of this State far exceed revenue to cover these needs.
Rep. IRENE K. RUDNICK
May the Journal reflect that I voted against Amendment No. 145 which grants members of the General Assembly a pay increase.
Rep. ALFRED B. ROBINSON, JR.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
A. This section is known as the "Motor Vehicle Customer Service Act of 1994".
B. The 1976 Code is amended by adding:
"Section 56-1-385. Knowledge and road test requirements which apply to the suspension of a driver's license or the privilege to drive a motor vehicle do not apply to offenses other than point system violations.
Section 56-3-2335. The Department of Revenue and Taxation or its designated agent may allow licensed motor vehicle dealers to issue motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment fees associated with
C. Section 12-36-1710(F) of the 1976 Code, as last amended by Section 197, Act 181 of 1993, is further amended to read:
"(F) The commission shall require every applicant for a certificate of title to supply information it considers necessary as to the time of purchase, the purchase price, and other information relative to the determination of fair market value. If the excise tax is based upon total purchase price as defined in this section, the commission shall require a submission of a bill of sale, sworn to before a notary public, certified to be a true bill of sale and signed by the owner under the perjury statutes of the state."
D. Section 56-1-50 of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:
"Section 56-1-50. A person who is at least fifteen years of age may apply to the department for a beginner's permit. The department may, After the applicant has passed successfully passed all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than six twelve months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of six twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two three dollars, and the permit must bear the full name, date of birth, and residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.
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