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Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. BOAN and ROGERS explained the Joint Resolution.

Reps. BOAN and ROGERS explained the Joint Resolution.

The question then recurred to the passage of the Joint Resolution, on second reading, as amended.

The Joint Resolution, as amended, was then read the second time and ordered to third reading.

Further proceedings were interrupted by the Joint Assembly.

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The President of the Senate recognized Rep. J. WILDER, who introduced the honored guests as follows:

"Lt. Governor, Mr. Speaker, Members of the Joint Assembly, ladies and gentlemen... You see we have with us today a tremendous group of servants to the public, member of the Highway Patrol, law enforcement officers, volunteers, and others. We are celebrating today our bright future together as you can tell from our lower lobby and the activities that are going on there by a rather large group of supportive organizations and if you get an opportunity, go and talk with them. It is a personal privilege again this year to represent the Joint Legislative Committee for People with Disabilities, along with all of those involved in Life Abilities of South Carolina to recognize the State Life Abilities Ambassadors and their parents, and to endorse the B.A.C. Coffee Day which this year will be Good Friday, April 1st. We kicked off the program a week ago downstairs, if you recall, with a news conference. First, I would like to recognize the members of our legislative Committee. From the Senate, Senator John Matthews, Senator Nikki Setzler, Senator James Lander and from the House, Representative Mike Baxley, Representative Robert (Bob) Walker and in the back, our Governor's appointees, Commissioner Joe Dusenbury, SC Department of Vocational Rehabilitation, Ms. Betty Easler, Executive Director SC Protection and Advocacy System for the Handicapped, Inc. Evelyn Evans is our Executive Director. This year marks the 42nd annual Buck-A-Cup. We would like to recognize a very important man to B-A-C's history who is with us, Mr. W.C. Hunter invented B-A-C button in 1952. Let's give him a hand. He has been here longer than the Speaker. He came in 1952. Under the Statewide leadership of these people, the Life Abilities B.A.C. Program raises thousands of dollars to aid our persons with disabilities. B.A.C buttons went on sale Wednesday, March 9, 1994 and last year, the B.A.C. Program raised $564,000, which, by the way, was a 6% increase over 1992 campaign. We are predicting a million dollars this year and the importance of this is that all of this money stays in South Carolina. Nothing is wrong with the Easter Seal Program, but this money stays here with our people. I want to congratulate all of you who play a part in this. I want to emphasize here that all the money collected in the B-A-C Campaign under the auspices of Life Abilities is kept in South Carolina

Rep. THOMAS introduced the guest as follows:

"It is my honor today to introduce to you that beautiful little girl that I have been holding. Her name is Randall Elizabeth Ford and she has been a blessing to our church. She and her family are members of the same church that I am fortunate to go to and she has blessed all of us. She is a delight. She is the four-year-old daughter of Mr. & Mrs. Joe Ford of Pawleys Island. Randall has been diagnosed with cerebral palsy. Life Abilities has given Randall the opportunity to participate in the Georgetown HUGS program, which is a wonderful horse-back riding program for children with disabilities. And many of you know that I am a horseback rider. Randall currently attends preschool at Pawleys Island Presbyterian Preschool where she is an active, out-going young lady who illustrates a positive, can-do attitude toward life. She goes up every Sunday for our feeding of the lambs. She is quite a blessing for us and for her family."

"Senator Courtney and I are very pleased today to be here to talk about Zachariah William Hopkins, a very special young man who is unable to be here today because of some sickness in his family. His Mom and Dad are Bill and Judy Hopkins of Duncan. Over the years, Life Abilities has provided Zach with a splint and a wheelchair, as well as regular visits to an orthopedic clinic. Zach is in the third grade at the S. C. School for the Deaf, Blind and Multihandicapped. He enjoys horseback riding, bowling, tennis, gymnastics, baseball and watching television. I spoke with him on the phone last night and he was watching television and he told me that he was very disappointed that he would not be able to help us make some laws today. So, we miss him, but we thank Life Abilities for what they do and have done for him."

Rep. J. WILDER recognized Rep. BAXLEY, Rep. NEILSON and Rep. HINES to introduce our next guest. Rep. NEILSON introduced the guest as follows:

"On behalf of Senator Saleeby, Representative Hines, Baxley and I, we want to welcome today Rev. and Mrs. Dan Thigpen who are from Darlington County and Mark and his little brother, Kevin. So, we want them to feel real happy here and Mike is going to tell you a little bit more about Mark."

Rep. BAXLEY introduced the guest as follows:

"Thank you. This is Mark Thigpen. Mark is five-years-old and one of the ambassadors today and we are really proud that he is from Darlington County. Mark attends Lester Elementary School and Life Abilities has been working with Mark now for about three years. He enjoys occupational therapy through them and also horseback riding. He is an outspoken young man. I think he may have a career in politics because a few minutes ago when Joe was saying that we would now like to introduce some people, Mark turned to me and said, `Now we have to to do all that.' So, I appreciate his candor with us. Mark is a fine young man and we are pleased to have him represent Darlington County and South Carolina."

Rep. J. WILDER recognized Rep. SHISSIAS to introduce our next guest. Rep. SHISSIAS introduced the guest as follows:

"I want everyone to have the opportunity to see this handsome young man. He is from Richland County. His name is Erik Vasquez. He is

Rep. J. WILDER addressed the Joint Assembly as follows:

"That concludes this particular presentation. I would like to make a few comments. First of all, as you spread out around the State, tell people what law enforcement is doing for this program and what the Restaurant Association is doing for Life Abilities and for these children and thousands more like them. It is a very important program and I appreciate your attention here today. I would request that the members of the House and Senate stay seated because we have just a few more minutes of a program that we want to present to you. The School for the Deaf and Blind has sent to us today a group of young people that want to sing two songs. It will take about five minutes. So, these children and their supporters will exit and as soon as they have exited, the others will come in and sing for you and as you know, you have been invited to a luncheon over in the Blatt Building, Room 208 after we adjourn for lunch today. So, this is the Joint Committee for the Disabilities Day and we are going to make the most of it. Thank you very. Remain seated and they will exit."

Rep. ALLISON addressed the Joint Assembly as follows:

"Members of the General Assembly, ladies and gentlemen... It gives me a great deal of honor today to recognize many guests who are in attendance from the South Carolina School for the Deaf and the Blind. The guests include of course, Mr. Joe Finnegan, who is the Executive Director of the South Carolina School for the Deaf and Blind and members of the Board of Commissioners. Also, representatives of the School's Parent Advisory Council and representatives of the School's faculty and staff. Along with them, in attendance are representatives from the National Federation of the Blind of South Carolina. There are also representatives of the South Carolina Association for the Deaf and a

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

At 12:40 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

The SPEAKER Pro Tempore granted Rep. ANDERSON a leave of absence.

Rep. CLYBORNE moved that the House recede until 2:15 P.M., which was adopted.

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 45, immediate cloture having been ordered.

H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX

Rep. WAITES raised the Point of Order that H. 4633 in its present status was out of order as it was not in compliance with Section 6-27-50 which states that no section of the State Aid to Subdivisions Act may be amended or repealed except in separate legislation solely for that purpose. She further stated, citing Section 12 of the Bill and Section 12-43-210 (B) 3, that the Department of Revenue shall notify the State Treasurer in writing who shall withhold 20 percent of the distributions due to the county pursuant to Chapter 27, Title 6, the State Aid to Subdivisions Act. She further stated that the effect of the provision was to change the timing of the distribution pursuant to Section 6-27- 40 at least and to potentially alter the amount of distribution. She further stated that to change the effect of Section 6-27-40 even though it was indirect was violating 6-27-50.

Rep. WAITES stated questioned if the first and second sections could stand alone.

The SPEAKER stated that it would just remove the penalty if they stood alone. He further stated Section 12 of the Bill on page 4633-8 of the printed version dealt with the reassessment every five years of the subdivisions of counties into five groups and Section 3 of that was the penalty section which says if you don't reassess accordingly then the Aid to Subdivisions Distribution was effective and a certain amount of the money up to 20 percent was withheld. He further stated that Subsection 3 of Section 12 was violative of Section 6-27-50 and he sustained the Point of Order and ordered Subsection 3 of Section 12 stricken from the Bill.

Reps. ROBINSON, CLYBORNE and A. YOUNG proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5667HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by inserting immediately after line 38:

/In addition to any other limits on the revenue raising power, the governing body of a county may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 3, page 4633-4, by inserting immediately after line 23:

/In addition to any other limits on the revenue raising power, the governing body of a municipality may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 4, page 4633-5, by inserting immediately after line 6:

/In addition to any other limits on the revenue raising power, the governing body of a special purpose district may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 5, page 4633-5, by inserting immediately after line 30:

Amend title to conform.

Rep. CLYBORNE spoke in favor of the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment.

Rep. CATO demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Bailey, J.
Baxley           Boan             Breeland
Brown, G.        Brown, J.        Byrd
Canty            Carnell          Cobb-Hunter
Cromer           Delleney         Farr
Felder           Gonzales         Govan
Graham           Harrelson        Harris, J.
Harris, P.       Hines            Hodges
Holt             Houck            Inabinett
Jennings         Kennedy          Keyserling
Kinon            Littlejohn       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Rogers
Rudnick          Sheheen          Spearman
Stille           Stuart           Townsend
Tucker           Waites           Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Worley

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