Rep. BOAN proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\21557HTC.95), which was rejected.
Amend the amendment offered by Rep. Felder, dated March 15, 1995, Document No. 5634HTC.95, and designated as amendment number 1, as and if amended, page 2, by striking lines 2 through 4 and inserting:
/Relief Fund. For fiscal years after 1995-96, the provisions of subsection
(D) of this section apply with respect to a percentage of the required set-aside
as follows:
(2) fiscal year 1997-98 50 percent;
(3) fiscal year 1998-99 75 percent;
(4) fiscal years after 1998-99 100 percent./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Quinn Rice Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney
Gamble Govan Harris, J. Harvin Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Shissias Simrill Spearman Stille Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the House refused to table the amendment.
Reps. H. BROWN and HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Gamble Govan Harris, J. Harvin Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad
Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the amendment was rejected.
Rep. McELVEEN proposed the following Amendment No. 18, which was tabled.
Amend the section by repealing the existing law (Section 11-11-140).
Rep. McELVEEN moved to table the amendment, which was agreed to.
I proposed Amendment #18 to H. 3647 because I was frustrated that some who call themselves fiscal conservatives are backing off sound fiscal policies in order to fund property tax relief - with estimated funds; funds we have not realized on many occasions in the past. I moved to table my own amendment, as I only wished to make a point.
I would argue that those who are serious about property tax reform would not fund reform with money that the State may never collect.
In your home, would you budget a European vacation based on what you think you may earn this year? What if you vacation in April and don't have money for food in November? You either borrow or don't eat.
In your business, would you budget utilities and a convention trip to Hawaii based on maximum projected increases in income? You might have to work in the dark, but you'd have one great time in Hawaii, or borrow money to operate.
If property tax reform is a necessity, you will not fund it with projected revenues (like a vacation or entertainment), you will fund it like utilities and food.
In my opinion, we mislead our constituents by telling them we will not spend all projected revenues and then spending all projected revenues.
Rep. JOSEPH T. McELVEEN, JR.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Reps. WILKES, CARNELL, STILLE and SHEHEEN spoke against the Bill.
Rep. ROGERS moved to table the Bill.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harvin Harwell Hines Hodges Howard
Inabinett Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
Those who voted in the negative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to table the Bill.
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Harwell Haskins Hutson Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Thomas Townsend Tripp Trotter Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Breeland Brown, G. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Hines Hodges Howard Inabinett Keyserling Kirsh Lloyd McAbee McElveen McTeer Moody-Lawrence Neal Rhoad Rogers Scott
Sheheen Shissias Stille Stuart Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the Bill was read the second time and ordered to third reading.
I voted for this measure because we are not compromising our fiscal responsibility as the opponents claim. The surplus generated by Section 11-11- 140, in my opinion, should be spent in a conservative manner, once it is certified after the close of the fiscal year. The conservative use of funds is to return these tax funds to taxpayers, not to spend them on more government. The use of these funds for property tax relief, after certified, is fiscally conservative. The opponents real disagreement with H. 3647 is over the use of these funds, not the timing of their appropriation, after its is certified.
Rep. ALFRED B. ROBINSON, JR.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH
Amend Title To Conform
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 21, 1995, at 12:30 p.m. to elect a successor to The Honorable Randall T. Bell of the Supreme Court whose unexpired term expires July 31, 2000; to elect a successor to The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable John H. Waller, Jr., of the Twelfth Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to The Honorable Karen L. Kanes of the Administrative Law Judge Division, Seat 5, whose unexpired term expires June 30, 1998; to elect a successor to the holder of the unexpired term of The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable C. Tolbert Goolsby, Jr., of the Court of Appeals, Seat 4, whose term expires June 30, 1995; to elect a successor to The Honorable J. Ernest Kinard, Jr., of the Fifth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable J. Derham Cole of the Seventh Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Daniel E. Martin, Sr., of the Ninth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Tom J. Ervin of the Tenth Judicial Circuit whose term expires June 30, 1995; and to elect a successor to The Honorable Alison R. Lee of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 1995.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to members of the Legislative Audit Council.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10023DW.95), which was adopted.
Amend the concurrent resolution, as and if amended, by adding at the end: