Printed Page 3280, Mar. 10
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Printed Page 3280, Mar. 10
| Printed Page 3300, Mar. 10
| Renumber sections & amend totals/title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
Reps. KEYSERLING, McELVEEN, BEATTY, COBB-HUNTER, RICHARDSON, GRAHAM, CORNING
and
CANTY proposed the following Amendment No. 261 (Doc Name
L:\council\legis\amend\JIC\5731HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent
Provisions, by adding an appropriately numbered SECTION to read:
A. Section 12-36-2120(30) of the 1976 Code is amended to read:
"(30) Reserved office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;"
B. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2125. The maximum tax provisions of Section 12-36-2110 and the sales and use tax exemptions allowed pursuant to Sections 12-36-2120 and 12-36-2130, not including Section 12-36-2120(1),
C. There is created the Sales and Use Tax Exemption Review Committee consisting of the respective chairmen of the Senate Finance Committee and House Ways and Means Committee, the Speaker of the House, the President Pro Tempore of the Senate, the Consumer Advocate, the Commissioner of Agriculture, and the Director of the Department of Commerce. This committee annually shall report to the General Assembly on the economic impact and utility of the various sales and use tax exemptions.
D. This section takes effect July 1, 1994./
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Rep. KEYSERLING explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 261 was out of order as it was not germane.
Rep. KEYSERLING argued contra the Point.
The SPEAKER stated that it repealed an exemption presently existing and he overruled the Point of Order.
Rep. KIRSH 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:
Alexander, T.C. Allison Baker Barber Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Davenport Elliott Farr Gamble Gonzales Hallman Harrell Harris, P. Harrison Harvin Harwell Hines Houck Huff Hutson Jaskwhich
Jennings Keegan Kelley Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks McCraw McKay McLeod Meacham Moody-Lawrence Neilson Rhoad Riser Robinson Scott Sharpe Shissias Simrill Smith, R. Snow Stone Sturkie Thomas Trotter Tucker Vaughn Walker Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, J. Canty Corning Delleney Graham Harrelson Inabinett Keyserling McElveen McTeer Neal Phillips Richardson Rudnick Sheheen Spearman Stille Stuart Waites Wells Whipper White Wilder, D. Wilkes
So, the amendment was tabled.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day.
Rep. WAITES proposed the following Amendment No. 263 (Doc Name L:\council\legis\amend\DKA\3301BDW.94), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
A. Section 56-3-195 of the 1976 Code, as added by Section 22A, Part II, Act 164 of 1993, is amended to read:
"Section 56-3-195. (A) Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Division of Motor Vehicles of the department no later than forty-five days before expiration of the registration. The renewal notices, including the fees upon completion, may be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit the fees to the appropriate state fund as provided by law within seven days of receipt.
(B) Each county shall must have access to the motor vehicle registration and licensing records of the department as applicable to the county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A).
(C) Counties must not be charged online access network fees for driver and vehicle information.
(D) The department will shall fund the start-up costs for to the counties not to exceed a total of one million dollars inclusive to all counties. The start-up cost includes hardware, software, training, and other associated costs all of which must be approved by the department of preparing, printing, and mailing motor vehicle registration and licensing renewal notices by paying to or allowing the counties to retain one dollar of each motor vehicle registration and licensing renewal fee for every notice mailed pursuant to subsection (A)."
B. The Department of Revenue and Taxation may shift funds among its 1994-95 General Appropriations Act line items, upon approval of the State Budget and Control Board, to initially fund the amendment to Section 56-3-195 of the 1976 Code, amended in subsection A.
C. This section takes effect July 1, 1994./
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Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 26 to 44.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Byrd Elliott Fair Farr Gamble Harrelson Harris, P. Harwell Kinon Littlejohn McTeer Neal Rhoad Scott Sheheen Stoddard Stuart Waites Wilder, D. Wilder, J. Wilkes Williams Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Baker Barber Baxley Boan Breeland Brown, H. Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Felder Fulmer Govan Graham Hallman Harrell Harris, J. Harrison Harvin Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Law Marchbanks Mattos McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neilson Phillips
Quinn Riser Robinson Rogers Rudnick Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Worley Wright
So, the amendment was rejected.
Rep. QUINN proposed the following Amendment No. 267 (Doc Name L:\council\legis\amend\DKA\3300BDW.94).
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.
B. This section takes effect July 1, 1994./
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Rep. QUINN explained the amendment.
Rep. BOAN 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:
Alexander, M.O. Anderson Askins Baxley Boan Breeland Brown, H. Chamblee Cobb-Hunter Cromer Felder Gamble Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh
Mattos McAbee McCraw McMahand McTeer Moody-Lawrence Rogers Simrill Spearman Stoddard Stuart Waites Whipper White Wilder, D. Wilkins Williams Wofford
Those who voted in the negative are:
Alexander, T.C. Allison Baker Barber Brown, G. Brown, J. Cato Clyborne Cooper Corning Davenport Delleney Elliott Fair Fulmer Graham Hallman Harrell Harrelson Harrison Haskins Houck Jaskwhich Kelley Klauber Koon Law Marchbanks McLeod Meacham Neal Neilson Phillips Quinn Rhoad Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Stille Stone Sturkie Thomas Trotter Vaughn Wells Wilder, J. Wilkes Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. SPEARMAN spoke against the amendment.
Rep. BOAN moved to adjourn debate upon the amendment, which was adopted.
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:
"Section 56-3-2323. Dealer license plates regulated by the Department of Revenue and Taxation through funds appropriated in the general appropriations act must not be attached permanently to motor vehicles. As used in this section, a plate is attached permanently if the attachment includes, but is not limited to, the use of nuts, bolts, or screws."
B. This section takes effect July 1, 1994./
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Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Reps. CROMER, HODGES and GAMBLE proposed the following Amendment No. 269 (Doc Name L:\council\legis\amend\BBM\9015JM.94), which was adopted.
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:
"Section 24-13-80. (A) As used in this section:
(1) `Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3) `Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's
(4) `Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden or superintendent having the supervision of another detention facility.
(B) The officer in charge may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape, the costs to be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved.
(2) defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that the deduction from money credited to the account of an inmate does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged.
The provisions of this item do not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility must initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
B. This section takes effect July 1, 1994./
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Rep. HODGES explained the amendment.
The amendment was then adopted.
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:
"Section 4-9-32. Notwithstanding the provisions of Section 4-9-30(12), a business license tax may be imposed by a county with a population of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the county, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of a county business license tax imposed on the income of the individual rendering the services."
B. The 1976 Code is amended by adding:
"Section 5-7-315. A business license tax may be imposed by a municipality in a county of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the municipality, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of the municipal business license tax imposed on the income of the individual rendering the services."
C. This section takes effect July 1, 1994./
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Printed Page 3280, Mar. 10
| Printed Page 3300, Mar. 10
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