Rep. BOAN stated that the property tax relief fund was in Part I and it would be funded by this. He further stated that there was precedence from last year and the same argument was used on the poker machine referendum.
Rep. HASKINS stated that the property tax line would only be affected in the 1996 property tax year and that would be the year following this budget.
Rep. BOAN stated that it did refer back to Part I.
The SPEAKER stated that he had met the test of referring back to Part I. He further stated that it still had to overcome the substantial effect.
Rep. BOAN stated that the payback was there because it would be germane by using Election Commission funds and take money from Department of Revenue carry forward funds.
Rep. McTEER stated that the entire effect of the amendment related to Part I, Page 59, Line 37 and that was where the money came from.
The SPEAKER stated that in order for it to be germane the provisions stated that it had to tell you how to spend the money, restrict the money or direct how to spend the money.
Rep. McTEER stated that it directed the Election Commission how to spend the money.
The SPEAKER stated that it did meet the criteria under Rule 5.3 and he overruled the Point of Order.
Rep. BOAN continued speaking.
Reps. HALLMAN, WALKER and H. BROWN spoke against the amendment.
Reps. McTEER and SPEARMAN spoke in favor of the amendment.
Rep. WALKER moved to table the amendment.
Those who voted in the affirmative are:
Allison Brown, H. Cain Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McMahand Meacham Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Gamble Govan Harris, J. Harvin Harwell Hines Hodges Howard Jennings Keyserling Kinon Lloyd Martin McCraw McElveen McTeer Moody-Lawrence
Neal Neilson Phillips Scott Sheheen Shissias Spearman Stuart Townsend Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
I was on the phone and missed the vote to table Amendment No. 302. I would have voted "Yes" to table the amendment.
Rep. HARRY F. CATO
Rep. KNOTTS proposed the following Amendment No. 308 (Doc Name
L:\council\legis\amend\JIC\5601CM.95), 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:
Section 8-11-83 of the 1976 Code, as added by Act 98 of 1987, is amended to read:
"Section 8-11-83. The Comptroller General and all other state agencies, upon request of employees of the State, shall make deductions from the compensation of the employees for the payment of membership dues for the South Carolina State Employees' Association and for the South Carolina Emergency Medical Services Association and the South Carolina Troopers' Association. The Comptroller General and state agencies shall pay over to the association the respective associations all amounts so collected or withheld. Retirees from a state agency also may have withheld from their state retirement benefits their membership dues for the South Carolina State Employees' Association and for the South Carolina Troopers' Association. No deduction is permitted if the
Renumber sections & amend totals/title to conform.
Rep. KNOTTS explained the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 308 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER sustained the Point of Order and ruled the Amendment out of order.
Reps. HALLMAN, WRIGHT and KEYSERLING proposed the following Amendment No. 312
(Doc Name L:\council\legis\amend\BBM\10009AC.95), 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 61-5-185. (A) Notwithstanding the requirements of Section 61-5-180, licensees authorized to sell alcoholic liquors in sealed containers of two ounces or less for on-premises consumption may purchase a temporary permit pursuant to that section when New Year's Eve is on Saturday or Sunday.
(B) Revenue generated by issuance of permits under this section must be credited to the Department of Education for expenditure under `Other Operating Expenses' of its `Business Industry Involvement' funding."
B. This section takes effect July 1, 1995./
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Rep. KEYSERLING explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 49 to 23.
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.
(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.
(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must hire a person from that pool of employees if the person is qualified, as determined by the Office of Human Resources, to fill the position. An agency which does not first seek to fill the position from among the employees provided by the Office of Human Resources or which refuses to hire a person the office determines to be qualified is prohibited from filling the position."
B. This section takes effect July 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. NEAL explained the amendment.
Reps. KNOTTS and LAW proposed the following Amendment No. 314 (Doc Name
L:\council\legis\amend\DKA\3799CM.95), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately
numbered SECTION to read:
A. Section 12-21-2720(D) of the 1976 Code, as added by Section 60, Part II, Act 164 of 1993, is amended to read:
"(D) A county may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section located in an unincorporated area of the county in an amount not exceeding ten percent of the regular license fee imposed pursuant to subsection (A) for the equivalent license period. The license required pursuant to subsection (A)(3) of this section for a video game with a free play feature is granted for a location in a specific county which must be noted on the license and the machine, once licensed, may not be moved out of the county during the license period except for servicing. All revenues from the license fees on video games with a free play feature must be remitted to the county for which the machine is licensed. These funds must be used by the county governing body to roll back ad valorem taxes."
B. This section takes effect July 1, 1995./
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Rep. KNOTTS explained the amendment.
Rep. FLEMING spoke against the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 314 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. FLEMING moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Brown, H. Cain Carnell Cato Chamblee Clyburn Davenport Delleney Easterday Fair Felder Fleming Harris, J. Harris, P. Haskins Herdklotz Huff Jaskwhich Keegan Kirsh Klauber Koon Littlejohn Marchbanks Mason McCraw McMahand Meacham Moody-Lawrence Neilson Phillips Rice Robinson Sandifer Sharpe Simrill Smith, R. Stille Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Cave Cobb-Hunter Cooper Cotty Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Harvin Hines Howard Hutson Jennings Kelley Keyserling Knotts
Lanford Law Limbaugh Limehouse Lloyd Martin McElveen McTeer Neal Quinn Richardson Riser Rogers Scott Seithel Sheheen Shissias Smith, D. Spearman Stuart Thomas Townsend Whatley Whipper, S. White Wilkes Witherspoon Wofford Worley Wright Young, J.
So, the House refused to table the amendment.
Rep. KLAUBER spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Reps. HASKINS and H. BROWN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Breeland Brown, G. Brown, J. Byrd Cave Cobb-Hunter Cromer Dantzler Elliott Fulmer Gamble Govan Hallman Harrell Howard Knotts Law Limehouse Lloyd Martin McTeer Riser Rogers Scott Seithel Stuart Whatley Whipper, S. White Wilkes Wofford Worley Wright
Allison Anderson Baxley Boan Brown, H. Brown, T. Cain Carnell Cato Chamblee Clyburn Cooper Cotty Davenport Delleney Easterday Fair Felder Fleming Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hodges Huff Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Limbaugh Littlejohn Marchbanks Mason McCraw McElveen McMahand Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Richardson Robinson Sandifer Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Witherspoon Young, A. Young, J.
So, the amendment was rejected.
Reps. LANFORD and NEAL proposed the following Amendment No. 315 (Doc Name
L:\council\legis\amend\PFM\7292AC.95), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by
adding an appropriately numbered section to read:
A. The 1976 Code is amended by adding:
"Section 8-11-185. (A) Of the funds appropriated to the Office of Human Resources under `Recruitment - Other Operating Expenses' in the General Appropriations Act of the State, the office may use up to five thousand dollars to create and operate a Reduction In Force applicant pool.
(B) If a state agency has a reduction in personnel or positions for any reason including, but not limited to, internal restructuring, the agency must report to the Office of Human Resources, State Budget and Control Board, for inclusion of information on all employees affected by this reduction in the office's Reduction In Force applicant pool. The information must include, but is not limited to, the name and social security number of the person, the position held, job classification, grade, years of experience, and the person's EPMS status.
(C) An agency seeking to fill a vacancy or a new position must obtain information from the Office of Human Resources' Reduction in Force applicant pool provided to the office pursuant to subsection (A) and must consider hiring a person from that pool of employees if the person is qualified, as determined by the Office of Human Resources, to fill the position. An agency is prohibited from filling the position if the agency does not first seek to fill the position from among the qualified employees provided by the Office of Human Resources."
B. This section takes effect July 1, 1995./
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Rep. LANFORD explained the amendment.
The amendment was then adopted.