Printed Page 2200, May 1
| Printed Page 2220, May 1
|
Printed Page 2200, May 1
| Printed Page 2220, May 1
| Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator McCONNELL raised a Point of Order that Section 65 of Part II, was out of order inasmuch as it was not germane.
The PRESIDENT sustained the Point of Order.
On motion of Senator FAIR, with unanimous consent, Amendment No. 42 (PFM\9325AC.96) proposed by Senators FAIR and HOLLAND on April 30, 1996, was taken up for immediate consideration and withdrawn:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AUTHORIZE A REFERENDUM AT THE 1996 GENERAL ELECTION IN COUNTIES IN WHICH CASH PAYOFFS ON COIN-OPERATED DEVICES ARE PERMITTED TO DETERMINE WHETHER THE CASH PAYOFFS SHOULD CONTINUE.
A. Notwithstanding Section 19H, Part II, of Act 164 of 1993, a county in which, on this section's effective date, cash payoffs relating to coin-operated devices are authorized by Section 16-19-60, may hold a referendum at the 1996 general election to determine whether these cash payoffs should continue to be authorized.
B. The referendum must be held:
(1) upon the passage of an ordinance of the governing body of a county providing for a referendum if the ordinance is passed at least ninety days before a general election; or
(2) if a petition requesting the referendum to be held is filed with the county election commission more than ninety days before the general
C. The question put before the voters shall read:
"Shall cash payoffs for credits earned on coin-operated video game machines remain legal and subject to licensure and regulation by the State of South Carolina?"
D. If the result of the referendum provided for in this section is not in favor of a continuation of cash payoffs for credits earned on coin-operated devices within the county, Section 16-19-60 does not apply within the county after July 1, 1997.
E. The state election laws apply to the referendum provided in this section, mutatis mutandis.
F. If a majority of the qualified electors within a county vote to terminate cash payoffs for credits earned on coin-operated devices, the Department of Revenue and Taxation shall refund to any person holding a license for the operation of coin-operated devices, on a pro rata basis, the portion of any license fees previously paid the commission for licenses which extend beyond July 1, 1997./
Amend sections, totals and title to conform.
On motion of Senator THOMAS, with unanimous consent, Amendment No. 66 (PFM\9325AC.96) proposed by Senator THOMAS and previously printed in the Journal of April 30, 1996, was taken up for immediate consideration and withdrawn.
Senator MOORE proposed the following Amendment No. 129 (4600.50), which was tabled:
Amend the bill, as and if amended, Part II, on page 662, after line 34, by adding a new section to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-26 SO AS TO PROVIDE THAT CHILDREN WHO WILL ATTAIN THE AGE OF SIX AFTER SEPTEMBER FIRST BUT ON OR BEFORE NOVEMBER FIRST MAY ATTEND THE FIRST GRADE UNDER CRITERIA DEVELOPED BY THE STATE BOARD OF EDUCATION.
"Section 59-63-26. Notwithstanding the provisions of Sections 59-63-20, 59-65-10, and other applicable provisions of law, the State Board of Education shall develop criteria to allow attendance in the first grade of this State for children who are ready to undertake formal schooling who attain the age of six after September first but on or before November first. The criteria shall include guidelines for notification of parents. Local boards of trustees shall develop procedures based on state board criteria to identify children ready to undertake formal schooling and shall determine admittance on an individual basis when a request from a child's parent or guardian is received before August first of the applicable school year. School districts are entitled to receive state aid for those students who meet the requirements established pursuant to this section and who attend public school."
B. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator MOORE explained the amendment.
Senator SETZLER spoke on the amendment.
Senator LEVENTIS spoke on the amendment.
Senator BRYAN argued contra.
Senator MOORE moved that the amendment be adopted.
Senator DRUMMOND moved to lay the amendment on the table.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator BRYAN spoke on the Point of Order.
Senator THOMAS spoke on the Point of Order.
The amendment was laid on the table.
Senator ELLIOTT proposed the following Amendment No. 157 (4600R407.DE), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION to read:
TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX CREDITS, BY ADDING SECTION 12-6-3335, SO AS TO PROVIDE THAT A
A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3335. A taxpayer may claim as a credit all tolls paid pursuant to Section 57-3-617 during a taxable year. The credit provided under this section is refundable. The Department of Transportation shall develop a method of determining the amount of tolls paid by each taxpayer during the taxable year.
B. Chapter 3, Title 57 of the 1976 Code is amended by adding:
"Section 57-3-617. Notwithstanding any other provision of law, the Transportation Commission may impose toll charges on those portions of interstate highways which are located in South Carolina. The location and general operation of toll facilities and the amount of tolls charged must be determined by the Commission. Proceeds generated from these tolls must be deposited in a separate account designated as the "New Highway Construction Trust Fund."
C. This section takes effect upon approval by the Governor and applies to taxable years beginning after 1996./.
Amend sections, totals and title to conform.
Senator ELLIOTT explained the amendment.
Senator ELLIOTT moved that the amendment be adopted.
Senator WILSON raised a Point of Order that the amendment was out of order inasmuch as it was violative of Section 11-11-440 of the South Carolina Code of Laws, 1976, as amended, which prohibits "any general tax increase... new general taxes in the permanent provisions of the State General Appropriation Act" and further provides "such general tax increases or new general taxes must be enacted only by separate act."
Senator ELLIOTT spoke on the Point of Order.
Senator WILSON spoke on the Point of Order.
Senator LAND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senators GREGORY, RYBERG, WILSON, RICHTER, RUSSELL, PEELER, COURSON, CORK, WALDREP, MARTIN, O'DELL, MESCHER, ELLIOTT, BOAN, THOMAS, ROSE and SETZLER proposed the following amendment (4600R546.CKG), which was tabled:
Amend the bill, as and if amended, Part II, page(s) 662, after line 34, by adding an appropriately numbered new section to read:
TO AMEND SECTION 2-1-180, OF THE 1976 CODE, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE FIRST THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
A. Section 2-1-180 of the 1976 Code is amended to read:
"Section 2-1-180. The regular annual session of the General Assembly shall adjourn sine die each year not later than 5:00 p.m. on the first Thursday in June May. In any year that the House of Representatives fails to give third reading to the annual General Appropriations Bill by March thirty-first fifteenth, the date of sine die adjournment is extended by one statewide day for each statewide day after March thirty-first
B. Members in attendance at any meeting of a committee or subcommittee of any standing committee of the House or Senate are prohibited from receiving per diem during the annual regular session of the General Assembly but are authorized to receive subsistence at the rate established in the annual General Appropriation Act. The subsistence payments authorized in the annual General Appropriation Act are to be paid from funds appropriated in the annual General Appropriation Act when approved under the requirements set forth therein./
Amend sections, totals and title to conform.
Senator GREGORY argued in favor of the adoption of the amendment and Senator McCONNELL argued contra.
Senator McCONNELL moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Bryan Drummond Ford Giese Glover Holland Land Lander Leventis Martin Matthews McConnell McGill Moore Passailaigue Patterson Reese Rose Short Smith, G. Smith, J.V. Washington
Alexander Boan Cork Courson Courtney Fair Gregory Hayes Leatherman
Mescher Peeler Rankin Richter Russell Ryberg Setzler Waldrep Wilson
Thomas. . . . .(Present) Nay
Saleeby. . . . .(Absent) Aye
The amendment was laid on the table.
Although I was a co-sponsor of Senator GREGORY's amendment, Senator McCONNELL convinced me that the proper course of action was to take up S. 1321, a constitutional amendment that would accomplish the same obligation. I was and remain convinced that the amendment to the budget would only hinder and delay our consideration of the budget tonight and tomorrow.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Senator McCONNELL asked unanimous consent to take the Resolution up for immediate consideration.
On motion of Senator McCONNELL, with unanimous consent, the Resolution was given second reading, with notice of general amendments.
S. 1322 -- Judiciary Committee: A JOINT RESOLUTION TO AMEND ARTICLE III, SECTION 9 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT AFTER THE GENERAL ASSEMBLY CONVENES ON THE SECOND TUESDAY IN JANUARY OF EACH YEAR, THE SENATE AND THE HOUSE OF REPRESENTATIVES MAY RECEDE FOR A TIME PERIOD TO BE DETERMINED BY EACH BODY, AND TO PROVIDE THAT EACH BODY MAY BY APPROPRIATE RULE PROVIDE FOR MEETINGS DURING THE LEGISLATIVE SESSION AS IT SHALL CONSIDER EXPEDIENT; AND TO AMEND ARTICLE III BY DELETING SECTION 21, WHICH PROVIDES THAT NEITHER HOUSE, DURING THE SESSION OF THE GENERAL ASSEMBLY, SHALL WITHOUT THE CONSENT OF THE OTHER ADJOURN FOR MORE THAN THREE DAYS, NOR TO ANY OTHER PLACE THAN THAT IN WHICH IT SHALL BE AT THE TIME SITTING.
Senator RYBERG asked unanimous consent to give the Resolution a third reading tomorrow, Thursday, May 2, 1996.
Senator REESE objected.
Senator McCONNELL asked unanimous consent to set the Resolution for Special Order in the Chairmen's slot.
Senator COURSON objected.
THE SENATE RESUMED CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.
Senator LAND proposed the following Amendment No. 162 (JIC\5977DW.96), which was adopted:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-35 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY USE REVENUES GENERATED FROM FEES AUTHORIZED FOR THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS TO FUND A NEW CLASS OF TROOPERS.
A. Article 1, Chapter 6, Title 23 of the 1976 Code is amended by adding:
"Section 23-6-35. From the revenue generated from the fees authorized for the release and use of certain personal information relating to motor vehicle records, the Department of Public Safety must set aside $1,100,000 for fiscal year 1996-97 in a special account to fund a new class of troopers."
B. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators PEELER, MESCHER, REESE, BRYAN, FAIR, ROSE, COURTNEY, RICHTER, GREGORY, GREG SMITH, THOMAS and MATTHEWS desired to be recorded as voting against the adoption of the amendment.
Having voted on the prevailing side, Senator CORK moved to reconsider the vote whereby Amendment No. 162 (JIC\5977DW.96) proposed by Senator LAND was adopted.
The motion to reconsider the vote failed.
Senators COURTNEY, LAND and HAYES proposed the following Amendment No. 163B (4600R242.CTC), which was adopted:
Amend the bill, as and if amended, Part II, beginning on page 599, by striking SECTION 25 in its entirety and inserting in lieu thereof the following:
TO AMEND SECTION 14-1-200 OF THE 1976 CODE, RELATING TO THE SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO REVISE OR FURTHER PROVIDE FOR THE SALARIES OF SUCH JUSTICES AND JUDGES, AND TO DELETE REFERENCES TO SOLICITORS IN THE SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 1-7-1000 SO AS TO PROVIDE THAT CIRCUIT SOLICITORS SHALL RECEIVE A SALARY AS PROVIDED BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
A. Section 14-1-200 of the 1976 Code is amended to read:
"Section 14-1-200. The General Assembly shall establish the salary of the Chief Justice and Associate Justices of the Supreme Court in the annual general appropriation act with the salary of the Chief Justice to be one hundred five percent of the salary fixed for Associate Justices of the Supreme Court and shall fix the salaries for the court of appeals, circuit court, and family court, and circuit solicitors according to the following schedule:
(1) The chief judge of the court of appeals shall receive a salary in an amount not equal to exceed ninety-nine percent of the salary fixed for Associate Justices of the Supreme Court;
(2) Judges of the court of appeals shall receive a salary in an amount equal to ninety-seven and one-half percent of the salary fixed for Associate Justices of the Supreme Court, and circuit court judges shall receive a salary in an amount not equal to exceed ninety-five percent of the salary fixed for Associate Justices of the Supreme Court;
(3) Judges of the family court and circuit solicitors shall receive a salary in an amount not equal to exceed ninety ninety-two and one-half percent of the salary fixed for judges of the court of appeals and circuit court Associate Justices of the Supreme Court."
B. One-half of the increase in the salaries of justices and judges provided for in the amendment to Section 14-1-200 of the 1976 Code in subsection A of this section takes effect on July 1, 1997, and one-half of such increase takes effect on July 1, 1998.
C. The 1976 Code is amended by adding:
"Section 1-7-1000. Circuit solicitors shall receive a salary as provided by the General Assembly in the annual general appropriations act."
D. An amount not to exceed one hundred dollars may be appropriated by the General Assembly to implement the provisions of this section.
Printed Page 2200, May 1
| Printed Page 2220, May 1
| This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.