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| Printed Page 3380, Mar. 10
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Printed Page 3360, Mar. 10
| Printed Page 3380, Mar. 10
| Rep. BOAN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 25.
Rep. GONZALES proposed the following Amendment No. 373 (Doc Name L:\council\legis\amend\JIC\5777HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a
new SECTION, appropriately numbered, to read:
Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-932. After December 31, 1994, no funds available to the department pursuant to appropriations for highway maintenance classified positions or highway maintenance other operating expenses in the annual general appropriations act (1994-1995 page 494, line 35, and page 495, line 1) may be expended on traffic signal and marking installation and maintenance except pursuant to a policy on the installation and maintenance of these items that does not allow for differentiation based on the nature of the jurisdiction in which the signal or marking is located."/
Amend title/totals, renumber sections to conform.
Rep. GONZALES explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 60 to 17.
The SPEAKER granted Rep. FULMER a leave of absence for the remainder of the
day.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered SECTION to read:
A. From funds appropriated to the Governor's Office-Executive Policy and Programs in Section 6C, line 11, page 37, of the General Appropriations Act, the Governor shall appoint a Blue Ribbon Panel to study the salaries of all state constitutional officers, the members of the general assembly, agency department heads and the judiciary and to develop a formula to use in adjusting these salaries, which must be contained in a report submitted to the general assembly on or before December 1, 1994.
B. The formula submitted pursuant to subsection A. takes effect February 1, 1995, unless it is disapproved by joint resolution before February 1, 1995.
C. Any increases in salaries of constitutional officers, members of the general assembly, agency department heads, or the judiciary in accordance with the formula developed pursuant to subsection A. initially must be funded through surplus funds available under Section 11-11-140./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. HARRELSON spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. FELDER, BARBER and BOAN proposed the following Amendment No. 375 (Doc Name
L:\council\legis\amend\JIC\5784HTC.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. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-70. From the funds appropriated to the State Treasurer for `other operating expenses' on line 35, page 47, Section 10, Part IA of the general appropriations act for fiscal year 1994-95, the State Treasurer shall use five hundred dollars to develop procedures to collect and shall proceed to collect from a county or municipality any revenues raised from a county or municipal tax or fee on the transfer of real property which is not specifically authorized by general law. The county or municipality shall pay over the revenues in the manner provided by the State Treasurer. The county tax or fee revenues collected by the State Treasurer must be deposited to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. From the funds appropriated to the State Treasurer on line 35, page 47, Section 10, Part 1A of the general appropriations act for fiscal year 1994-95, the
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
Rep. GONZALES raised the Point of Order that Amendment No. 375 was out of order as it was not germane under Rule 5.3 in that no amendment of the Appropriations Bill is in order unless its substantial effect is directly germane to the purposes of the Bill. He further stated that it can be said that there has been a provision tacked on the amendment which states $500.00 from a particular line in Part I is used to develop a procedure to collect revenues. He further stated that effect of the amendment was to write a new section into the Code to remove revenues from local government and move it to the State. He further stated that the amendment only referenced a line that state government shall implement this provision. He further stated that you could find a line anytime you do anything and say it had an impact.
The SPEAKER stated that the sentence cited was the one year provision but the next sentence of Rule 5.3 controlled Part II in which a permanent part cannot be put in unless it relates directly to an appropriation or revenue provided.
Rep. GONZALES stated that it said that no amendment to the Appropriations Bill and that it did not differentiate between annual or permanent.
The SPEAKER stated that in his 18 years here it had been interpreted that way
in that the first sentence applies to Part I and the second sentence applies to
Part II and he overruled the Point of Order.
The SPEAKER stated that Article X only applied to taxes levied by the State and did not apply to taxes levied by municipalities or counties and he overruled the Point of Order.
Reps. GONZALES and RICHARDSON spoke against the amendment.
The SPEAKER granted Rep. HALLMAN a leave of absence for the remainder of the day.
Reps. CLYBORNE and HASKINS spoke in favor of the amendment.
Reps. GONZALES and RICHARDSON spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. HARWELL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Fair Farr Felder Gamble Graham Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings
Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, R. Snow Spearman Stoddard Stone Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Bailey, J. Byrd Gonzales Keyserling Richardson Scott Stille Stuart Waites Whipper White
So, the amendment was adopted.
Rep. HASKINS proposed the following Amendment No. 376 (Doc Name L:\h- wm\legis\amend\DC.084), which was ruled out of order. Amend the bill, as and if amended, Part II, Section New, by /repealing Section 48-48-80 in its entirety./
Renumber sections & amend totals/title to conform.
Rep. WAITES raised the Point of Order that Amendment No. 376 was out of order as it was not germane under Rule 5.3.
The SPEAKER stated that it repealed Section 48-48-80.
The SPEAKER stated that to affect that line you would have to do what is prohibited under the law by extending the date to receive waste and the only way you can do that is by concurrent resolution which would extend the date.
Rep. HASKINS stated that on earlier rulings in order to extend the date without a concurrent resolution that first Section 48-48-80 would have to be repealed.
The SPEAKER stated that he said that you had to pass a concurrent resolution which Section 48-48-80 said you had to do in order to extend the date.
Rep. HASKINS stated that the Ruling was though that Section G of Section 48- 48-80 restricted the manner in which the legislature had to operate under Section 48-48-80 and this amendment would repeal that statute.
The SPEAKER stated that it still had to meet the test of germaneness.
Rep. HASKINS argued that it did meet the test because by repealing the statute the cut-off date would be eliminated and it increased the revenue under the radioactive surcharge under Section 128.
The SPEAKER stated it still had to be relative to the increased revenue.
Rep. HASKINS stated that this would increase it.
The SPEAKER stated if it cut the revenue then it might be related to the revenue there now.
Rep. HASKINS stated that on March 23, 1993 a Point was raised on fees and penalties for excess truck weights by Rep. Brown that it was not germane and the Speaker stated that the money did go in the General Fund. He further stated that on March 16, 1993 there was a Point of Order raised on a Bill that dealt with a state owned vehicle and Rep. McAbee raised the Point that it was not germane as it did not relate to a line item in the Bill and the Speaker ruled that the effect of the amendment did relate to revenue because it called for direct reimbursement from the employees and would have an impact and was found germane.
The SPEAKER stated that he consistently ruled that amendments in Part II had to directly relate to a line item in Part I and if they did not add the money to increase that line item in Part I prior to the time the House got to Part II, then the amendment would not meet the test of germaneness and he sustained the Point of Order and ruled the amendment out of order.
A. In order to increase general fund revenue to fund appropriations in Part I of this act, the General Assembly finds it necessary to raise revenue by amending Section 48-48-80(G).
B. Section 48-48-80(G) of the 1976 Code, as last amended by Section 70D, Part II, Act 501 of 1992, is further amended to read:
"(G) Beginning July 1, 1994 June 30, 1995, in addition to the requirement set forth in Section 48-47-70(9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility."
C. All revenue generated from the amendment of Section 48-48-80(G) must be credited to the general fund and used for the purpose of funding appropriations from the general fund as contained in Part I of this act.
D. From the funds appropriated to the Department of Health and Environmental Control for environmental quality control, the Department of Health and Environmental Control must prepare a report on the effect of the amendment of Section 48-48-80(G) and must submit the report to the General Assembly no later than June 30, 1995.
Renumber sections & amend totals/title to conform.
Rep. WAITES raised the Point of Order that Amendment No. 377 was out of order in compliance with Act 501, Part II, Section 70, Section G.
Rep. HASKINS argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. BARBER proposed the following Amendment No. 378 (Doc Name L:\council\legis\amend\JIC\5785HTC.94), which was tabled. 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. An amount equal to one thousand dollars appropriated to the Property Division of the Department of Revenue and
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. An amount equal to one thousand dollars appropriated to the Property Division of the Department of Revenue and Taxation on line 22, page 447, Section 64, Part IA of the general appropriations act for fiscal year 1994-95 must be used by the department to ensure that the appropriate revenues are remitted to the Municipality."
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. BARBER explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 378 was out of order was it was not germane.
The SPEAKER overruled the Point of Order.
Rep. BARBER continued speaking.
Rep. WHIPPER moved to table the amendment, which was agreed to by a division vote of 47 to 5.
Reps. HASKINS, GOVAN and McLEOD proposed the following Amendment No. 379 (Doc Name L:\council\legis\amend\N05\7727AC.94), which was adopted. Amend amendment number 347 sponsored by Representative Martin bearing doc no. DKA\3318AC.94, as and if amended, by deleting subsection A of the unnumbered Section and inserting:
/A. The 1976 Code is amended by adding:
Printed Page 3360, Mar. 10
| Printed Page 3380, Mar. 10
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