Printed Page 1960, Mar. 22
| Printed Page 1980, Mar. 23
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Printed Page 1960, Mar. 22
| Printed Page 1980, Mar. 23
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The question then recurred to the adoption of the amendment, which was agreed
to.
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax
rate from five to six percent and credit the additional revenue to the State
Property Relief Fund in order to provide property tax relief for owner-occupied
residential property in the manner that the General Assembly shall provide by
law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to provide property tax relief to real property assessed pursuant to Section 12-43-220(c) in the manner that the General Assembly shall provide by law."
SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty
cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
Amend the Report further, as and if amended by striking SECTION 11 and inserting:
/SECTION 11. This act takes effect upon approval by the Governor except that Article 11, Chapter 36 of Title 12 as added by this act and Section 12-36-940 as amended by this act take effect January 1, 1996, but only if the State Election Commission certifies a majority "Yes" vote in the referendum provided in this act./
/SECTION 12. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Effective July 1, 1998, food items eligible for purchase with the United States Department of Agriculture food coupons, not including restaurant meals."
B. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, is three percent for sales or consumption in fiscal year 1996-97 and one percent for such sales or consumption in fiscal year 1997-98. Eighty percent of the revenues from sales taxes imposed by this section must be credited to the general fund of this State and the remainder must be credited to the Education Improvement Act Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Keegan Kelley Kirsh Klauber Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Gamble Govan Harris, J. Harris, P. Harwell Hodges Howard Hutson Inabinett Jennings
Kennedy Keyserling Kinon Knotts Koon Lanford Lloyd Martin McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Scott Sharpe Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Wright
So, the House refused to table the amendment.
Rep. HASKINS moved that the House do now adjourn.
Rep. WILKES demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop
Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Felder Gamble Govan Harris, J. Harris, P. Hodges Howard Inabinett Jennings Kennedy Keyserling Knotts Lanford Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 30, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH
H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON D.C. ON JULY 4, 1995.
Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, Lord of all power and might, keep us this day in health of body, in soundness of judgment, in purity of heart, in cheerfulness of disposition, in contentment with our lot, and in charity toward our fellowmen. Further all our worthy undertakings with Your blessings. In our work, strengthen us; in our difficulties, direct us; in our perils, defend us; in our troubles, comfort us. Supply our every need in keeping with Your knowledge of all Your children.
And may no cloud of doubt ever hide from us the brilliance of Your love. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HINES moved that when the House adjourns, it adjourn in memory of John Pauley of Lamar, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.
Ordered for consideration tomorrow.
S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3573 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-3-50 SO AS TO PROVIDE THAT A PUBLIC HOUSING AUTHORITY MAY OBTAIN DATA FROM THE DEPARTMENT OF REVENUE AND TAXATION AND THE EMPLOYMENT SECURITY COMMISSION TO VERIFY A PERSON'S ELIGIBILITY FOR A PUBLIC HOUSING PROGRAM AND TO PROVIDE THE METHOD OF MAKING AND RESPONDING TO THESE REQUESTS; AND TO AMEND SECTIONS 12-54-240, AS AMENDED, AND 41-29-170 OF THE 1976 CODE, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION AND EMPLOYMENT SECURITY COMMISSION TO DISCLOSE OFFICIAL INFORMATION, SO AS TO AUTHORIZE DISCLOSURE TO A PUBLIC HOUSING AUTHORITY, AND PROVIDE FOR THE DISCLOSURE OF AN APPLICANT'S CURRENT AND PREVIOUS EMPLOYERS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3851 -- Rep. Davenport: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MICHELLE SCHWENDIMANN OF INMAN FOR BEING SELECTED AS A FINALIST IN THE 1995-96 CONGRESS-BUNDESTAG YOUTH EXCHANGE PROGRAM AND TO WISH FOR HER A VERY REWARDING AND CHALLENGING SCHOOL YEAR IN GERMANY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.
Referred to Committee on Labor, Commerce and Industry.
H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3854 -- Rep. Boan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW.
Referred to Committee on Ways and Means.
H. 3855 -- Reps. Townsend and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-245 SO AS TO REQUIRE A SCHOOL DISTRICT BOARD OF TRUSTEES TO EXPEL FOR NO LESS THAN ONE YEAR
Referred to Committee on Education and Public Works.
Printed Page 1960, Mar. 22
| Printed Page 1980, Mar. 23
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