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Printed Page 3270, Mar. 10
| Printed Page 3290, Mar. 10
| C. This section takes effect January 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 187 was out of order as it was not germane.
The SPEAKER stated that it did directly relate to motor vehicle licenses under the revenue section and he overruled the Point of Order.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Reps. THOMAS, STODDARD, BEATTY, RICHARDSON, WILKINS, ALLISON, WELLS, KELLEY, KEEGAN, DELLENEY, COBB-HUNTER, MARTIN, HARRELL, ROBINSON, RUDNICK and HODGES proposed the following Amendment No. 195 (Doc Name L:\council\legis\amend\GJK\20606SD.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be
appropriately numbered to read:
The 1976 Code is amended by adding:
"Section 2-19-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek such office from any candidate as provided by Section
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of same.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the state at large, each member of the General Assembly shall receive such notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section which the committee believes are appropriate."/
Renumber sections & amend totals/title to conform.
Rep. THOMAS explained the amendment.
Rep. THOMAS argued contra the Point in stating that the cost of the notification required by Section 4 of the amendment must be paid from the Approved Accounts of both the House and the Senate and those accounts
Rep. McABEE stated that the general thrust of the amendment still dealt with the Joint Committee and the intent to run for offices elected by the General Assembly.
The SPEAKER stated that it was germane since it referred to the Approved Accounts line item and he overruled the Point of Order.
Rep. THOMAS continued speaking.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 338 (Doc Name L:\council\legis\amend\JIC\5772HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding
a new SECTION, appropriately numbered, to read:
Section 12-21-2720 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State."/
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 338 was out of order as it was not germane in that it did not relate to a line item.
Rep. RICHARDSON argued contra the Point in stating that it related to page 506A, the Coin-Operated device tax.
The SPEAKER overruled the Point of Order.
Rep. McABEE moved to table the amendment.
Those who voted in the affirmative are:
Askins Breeland Brown, J. Byrd Carnell Cobb-Hunter Gamble Harrelson Harris, P. Holt Jennings Keegan Kelley Kennedy Keyserling McAbee Rhoad Stuart White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Canty Chamblee Davenport Delleney Elliott Fair Farr Fulmer Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hines Hodges Houck Huff Hutson Inabinett Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J.
Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. GONZALES moved to reconsider the vote whereby Amendment No. 103 was adopted.
Rep. BOAN moved to table the motion to reconsider, which was not agreed to by a division vote of 48 to 52.
Rep. CROMER spoke against the motion to reconsider.
Reps. J. WILDER and GONZALES spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Klauber Koon Law Marchbanks
McAbee McCraw McLeod Neal Phillips Rhoad Riser Scott Sharpe Shissias Smith, D. Smith, R. Snow Spearman Stille Stuart Thomas Tucker Vaughn Waldrop Walker Whipper White Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Allison Cromer Harrell Haskins Hines Keyserling Kirsh Littlejohn McKay McMahand Meacham Moody-Lawrence Neilson Robinson Rudnick Sheheen Simrill Stoddard Stone Trotter Waites Wells Wilder, D. Young, A.
So, the motion to reconsider was agreed to.
Rep. McABEE moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was tabled by a division vote of 52 to 20.
Reps. SPEARMAN, GAMBLE, PHILLIPS, FARR and McCRAW proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\N05\7700BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 204 was out of order as it was not germane.
Rep. SPEARMAN argued contra the Point in stating that it related to a line item which was Part IA, Section 34, page 320, lines 22 and 26.
The SPEAKER overruled the Point of Order.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 213 (Doc Name L:\council\legis\amend\JIC\5730HTC.94), 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:
A. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. In any program of reassessment, residential real property receiving the four percent assessment ratio pursuant to Section 12-43-220(c) and which remains eligible for that assessment ratio for the year of reassessment must be appraised as residential real property."
B. Section 12-43-215 of the 1976 Code is effective with respect to reassessment programs occurring after 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 213 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
A. Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
B. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. WORLEY 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:
A. Section 4-9-55(C) of the 1976 Code, as added by Act 157 of 1993, is amended to read:
"(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) (5) the Department of Education;
(7) special appropriations acts;
(8) (6) laws reauthorizing but not expanding then-existing statutory authority;
(9) (7) laws having a fiscal impact of less than ten cents per capita on a statewide basis, laws creating, modifying, or repealing noncriminal infractions."
B. Section 4-9-55 of the 1976 Code, as added by Act 157 of 1993, is amended by adding two appropriately lettered subsections to read:
"( ) This section may only be amended or repealed in separate legislation enacted specifically for that purpose.
( ) Of the monies appropriated in the 1994-95 General Appropriations Act, the Advisory Commission on Intergovernmental Relations shall make a report to the General Assembly by January 1, 1995, and by January first of every odd-numbered year after 1995, on the effect of unfunded state mandates on municipalities and counties."\
Renumber sections & amend totals/title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 237 was out of order in compliance with Section 6-27-50 in that this would require separate legislation.
Rep. GONZALES argued contra the Point.
The SPEAKER stated that this did not deal with that.
Rep. BOAN further stated, citing Rule 5.3, that it was not germane and did not relate to Part I.
The SPEAKER stated that once the amendment became a part of the Appropriations Bill, if adopted, then the Point could be raised on any section. He further stated that he could not separated the amendment and at this point, it was germane and he overruled the Point of Order.
Rep. McTEER moved to divide the question.
Rep. GONZALES moved to table the motion, which was not agreed to by a division vote of 20 to 43.
The question then recurred to the motion to divide the question, which was rejected.
Rep. GONZALES spoke in favor of the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 22.
Reps. ROGERS and WAITES proposed the following Amendment No. 244 (Doc Name L:\council\legis\amend\JIC\5694AC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
A. Section 1-11-720(A)(1) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(1) counties and municipalities;"
Printed Page 3270, Mar. 10
| Printed Page 3290, Mar. 10
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