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Printed Page 6420, May 12
| Printed Page 6440, May 16
| Whereas, it is appropriate to recognize the value and the accomplishments of emergency medical services providers which will help to educate the people of South Carolina about injury prevention and how to respond to a medical emergency. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly hereby commends all of those who are involved in providing emergency medical services to the citizens in this State and requests the Governor to proclaim the week of May 15-21, 1994, as Emergency Medical Services Week in South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5212 -- Reps. Kelley, Harvin, Keegan, Worley, Snow, Martin and Thomas: A CONCURRENT RESOLUTION CONGRATULATING COASTAL CAROLINA UNIVERSITY ON ITS FORTIETH ANNIVERSARY AS AN INSTITUTION OF HIGHER LEARNING, AND COMMENDING THE UNIVERSITY ON ITS PHENOMENAL SUCCESS AND FOR ITS OUTSTANDING ACHIEVEMENTS IN HIGHER EDUCATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5213 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING JOHN A. MCCARROLL OF GREENVILLE FOR HIS MANY ACCOMPLISHMENTS AS THE EXECUTIVE DIRECTOR OF THE PHILLIS WHEATLEY ASSOCIATION IN GREENVILLE, AND SALUTING THE PHILLIS WHEATLEY ASSOCIATION ON ITS SEVENTY-FIFTH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1112 -- Senator Ryberg: A BILL TO AMEND SECTION 59-63-240 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPULSION FROM SCHOOL FOR THE REMAINDER OF THE YEAR, SO AS TO PROVIDE THAT THE IDENTITY OF A STUDENT WHO INFORMS A TEACHER OR AN ADMINISTRATOR THAT ANOTHER STUDENT IS IN POSSESSION OF A FIREARM ON SCHOOL PROPERTY OR AT A SCHOOL-SPONSORED EVENT SHALL BE DEEMED CONFIDENTIAL.
Referred to Committee on Judiciary.
S. 1133 -- Senator Washington: A BILL TO AMEND SECTION 59-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF SCHOOL BOARDS OF TRUSTEES, SO AS TO AUTHORIZE A BOARD TO PROMULGATE REGULATIONS ESTABLISHING A SCHOOL UNIFORM OR UNIFORM DRESS CODE POLICY WITHIN ITS DISTRICT.
Referred to Committee on Education and Public Works.
S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.
On motion of Rep. HODGES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan
Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Govan Graham Hallman Harrelson Harris, J. Harris, P. Harrison Hines Hodges Houck Huff Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Wofford Worley WrightSTATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Monday, May 16. Terry E. Haskins Ronald P. Townsend E.B. McLeod, Jr. Heyward G. Hutson Charles R. Sharpe B. Hicks Harwell Stephen E. Gonzales Robert W. Harrell, Jr. Joseph H. Neal Joseph T. McElveen, Jr.
C. Lenoir Sturkie Marion P. Carnell Steve P. Lanford C. Alex Harvin, III
The SPEAKER granted Reps. CATO and RHOAD a leave of absence for the day.
On motion of Rep. HODGES, the House stood in silent prayer in memory of C. Justin Wilson, nephew of Ruth Tidwell.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
Rep. HODGES moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.
H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION
Rep. KEEGAN moved to adjourn debate upon the following Bill until Tuesday, May 17, which was adopted.
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.
The following Bill was taken up.
S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.
Rep. MARTIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1293DW.94), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . (A) In furtherance of the powers granted to the counties of this State pursuant to the provisions of Section 4-9-30, and Section 6-21-10 et seq., of the 1976 Code, each of the counties of this State is authorized, following the public hearing and referendum required in this section to establish transportation authorities to finance the cost of
(B) Title 4 of the 1976 Code is amended by adding:
Section 4-37-10. (A) Subject to requirements of this chapter and the referendum described in Section 4-37-30, the governing body of a county may by ordinance establish a transportation authority with all of the rights and powers described in Section 4-37-20. If a county chooses to finance the cost of highways, roads, streets and bridges alone, the members of the authority board must be appointed by the county governing body in such manner as it determines.
(B) If a county chooses to enter into a partnership with the South Carolina Department of Transportation, the South Carolina Highway Commission shall have designated appointees on the authority board as provided in an intergovernmental agreement to be entered into by the partners.
Section 4-37-20. The board of the authority has all the rights and powers of a public body, politic and corporate of this State including, without limitation, all the rights and powers necessary or convenient to manage the business and affairs of the authority and to take action as it may consider advisable, necessary or convenient in carrying out its powers including, but not limited to, the following rights and powers:
(1) to have perpetual succession;
(2) to sue and be sued;
(3) to adopt, use and alter a seal;
(4) to make and amend bylaws for regulation of its affairs consistent with the provisions of this chapter;
(5) to acquire, purchase, hold, use, improve, lease, mortgage, pledge, sell, transfer, and dispose of any property, real, personal, or mixed, or any interest in any property, or revenues of the authority as security for notes, bonds, evidences of indebtedness or other obligations of the authority;
(6) to borrow money, make and issue notes, bonds and other evidences of indebtedness; to secure the payment of the obligations or any part by mortgage, lien, pledge, or deed of trust, on any of its property, contracts, franchises or revenues;
(7) to make contracts, including service contracts with a person, corporation or partnership including, without limitation, the South
(8) to exercise the powers of eminent domain; and
(9) execute all instruments necessary or convenient for the carrying out of business.
Section 4-37-30. Counties establishing an authority are empowered to impose one or both of the following sources of revenue:
(A) Subject to the requirements of this section, the governing body of a county may by ordinance impose a one percent sales and use tax within its jurisdiction for a specific purpose and for a specific period of time to collect a limited amount of money.
(1) The governing body of a county may vote to impose the tax authorized by this section, subject to a referendum, by enacting an ordinance. The ordinance must specify:
(a) the purpose for which the proceeds of the tax is to be used, which may include projects located within or without, or both within and without, the boundaries of the county imposing the tax and which may include:
(i) highways, roads, streets, and bridges;
(ii) jointly operated projects of the county and the South Carolina Department of Transportation;
(b) the maximum time, stated in calendar years or calendar quarters, or a combination of them, not to exceed 25 years, for which the tax may be imposed; and
(c) the maximum cost of the project or facilities to be funded in whole or in part from proceeds of the tax and the maximum amount of net proceeds to be raised by the tax.
(2) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the optional special sales and use tax in the jurisdiction. The referendum must be held on the Tuesday following the first Monday in November. The commission shall cause the date and purpose of the referendum to be published once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. A public hearing must be conducted at least fourteen days prior to the referendum, after publication of a notice setting forth the date, time, and location of the public hearing. The notice shall be published in a newspaper of general circulation in the county at least fourteen days prior to the date fixed for the public hearing.
(3) A separate question must be included on the referendum ballot for each purpose and the question must read substantially as follows:
(1) $_________________ for _________________
Yes _______
No _______
(2) etc.'
In addition, if the county seeks to pledge revenues from the optional special sales and use tax to the repayment of general obligation bonds to be issued for projects authorized herein, there shall be an additional referendum question on the authorization of such bonds so that the exemption provided in Article X, Section 14(6) of the South Carolina Constitution may be made applicable.
(4) All qualified electors desiring to vote in favor of imposing the tax for a particular purpose shall vote `yes' and all qualified electors opposed to levying the tax for a particular purpose shall vote `no'. If a majority of the votes cast are in favor of imposing the tax for one or more of the specified purposes, then the tax is imposed as provided in this section; otherwise, the tax is not imposed. A subsequent referendum on this question must not be held more than once in twelve months. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the appropriate governing body and to the Department of Revenue and Taxation. Included in the certification must be the total of the project costs receiving a favorable vote. Expenses of the referendum must be paid by the jurisdiction conducting the referendum. If the tax is approved in the referendum, the tax is imposed on May first following the date of the referendum. If the certification is not timely made to the Department of Revenue and Taxation, the imposition is postponed for twelve months.
(5) The tax terminates on the earlier of:
(a) the final day of the maximum time specified for the imposition; or
(b) the end of the calendar month during which the Department of Revenue and Taxation determines that the tax has raised revenues sufficient to provide the county net proceeds equal to or greater than the amount specified as the amount to be raised by the tax.
(6) When the optional sales and use tax is imposed for more than one purpose, the governing body of the jurisdiction authorizing the referendum for the tax shall determine the priority for the expenditure of the net proceeds of the tax for the purposes stated in the referendum.
(8) The tax levied pursuant to this section must be administered and collected by the Department of Revenue and Taxation in the same manner that other sales and use taxes are collected. The department may prescribe the amounts which may be added to the sales price because of the tax.
(9) The tax authorized by this section is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable jurisdiction which are subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this section. The gross proceeds of the sale of food which may lawfully be purchased with United States Department of Agriculture food stamps is exempt from the tax imposed by this section. The tax imposed by this section also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(10) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the tangible personal property purchased at retail is stored, used, or consumed in this State.
(11) Utilities are required to report sales in the county in which consumption of the tangible personal property occurs.
(12) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall separately report in his sales tax return the total gross proceeds from business done in each county.
(13) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this section in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the special local sales and use tax provided in this section if a verified copy of the contract is filed with the Department of Revenue and Taxation within six months after the imposition of the special local sales and use tax.
(14) Notwithstanding the imposition date of the special local sales and use tax authorized pursuant to this section, with respect to services that are regularly billed on a monthly basis, the special local sales and use
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