Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 2010, Mar. 23 | Printed Page 2030, Mar. 23 |

Printed Page 2020 . . . . . Thursday, March 23, 1995

Reps. HASKINS and MEACHAM spoke in favor of the amendment.

Reps. SHEHEEN and WILKES spoke against the amendment.

Rep. HASKINS spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 2021 . . . . . Thursday, March 23, 1995

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Yeas 50; Nays 64

Those who voted in the affirmative are:

Cain             Chamblee         Cooper
Cotty            Dantzler         Davenport
Easterday        Elliott          Fair
Fleming          Fulmer           Hallman
Harrell          Harrison         Harwell
Haskins          Huff             Hutson
Kelley           Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            Meacham          Quinn
Rhoad            Richardson       Riser
Robinson         Sandifer         Seithel
Shissias         Smith, D.        Tripp
Trotter          Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--50

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, T.
Byrd             Canty            Carnell
Cato             Cave             Clyburn
Cobb-Hunter      Cromer           Delleney
Felder           Gamble           Govan
Harris, J.       Herdklotz        Hines
Hodges           Howard           Inabinett
Keegan           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Lloyd            Martin           McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rice


Printed Page 2022 . . . . . Thursday, March 23, 1995

Rogers           Scott            Sheheen
Simrill          Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Tucker
Vaughn           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Worley

Total--64

So, the amendment was rejected.

AMENDMENT NO. 17--MOTION TO RECONSIDER TABLED

Rep. SIMRILL moved to reconsider the vote whereby Amendment No. 17 was adopted.

Rep. LANFORD spoke in favor of the motion to reconsider.

Rep. KIRSH spoke against the motion to reconsider.

Rep. KIRSH moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 52

Those who voted in the affirmative are:

Allison          Anderson         Bailey
Baxley           Boan             Breeland
Brown, G.        Brown, T.        Byrd
Canty            Carnell          Cave
Chamblee         Clyburn          Cobb-Hunter
Dantzler         Delleney         Elliott
Felder           Gamble           Govan
Harris, J.       Hodges           Howard
Inabinett        Kelley           Kennedy
Keyserling       Kirsh            Klauber
Law              Limbaugh         Littlejohn
Lloyd            McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Phillips         Rhoad
Richardson       Robinson         Rogers
Scott            Sharpe           Sheheen
Spearman         Stille           Stoddard
Stuart           Waldrop          Walker


Printed Page 2023 . . . . . Thursday, March 23, 1995

Wells            Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Wofford          Young, A.

Total--62

Those who voted in the negative are:

Askins           Brown, H.        Cain
Cato             Cooper           Cotty
Davenport        Easterday        Fair
Fleming          Fulmer           Hallman
Harrell          Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Huff             Hutson
Keegan           Kinon            Knotts
Koon             Lanford          Limehouse
Marchbanks       Martin           Mason
McKay            Meacham          Neilson
Quinn            Rice             Riser
Sandifer         Seithel          Shissias
Simrill          Smith, D.        Smith, R.
Thomas           Tripp            Trotter
Tucker           Vaughn           Whatley
Wilkins          Worley           Wright
Young, J.

Total--52

So, the motion to reconsider was tabled.

Reps. HODGES and RICHARDSON spoke in favor of the Bill.

Rep. KEYSERLING spoke against the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Reps. CANTY, G. BROWN, CAVE, COBB-HUNTER, McELVEEN and SCOTT spoke against the Bill.

Reps. WRIGHT, MARTIN, KIRSH, WILKINS and KENNEDY spoke in favor of the Bill.

The question then recurred to the passage of the Bill on second reading.


Printed Page 2024 . . . . . Thursday, March 23, 1995

Pursuant to the provisions required by South Carolina Code of Laws, Sec. 4-9- 55(B), the yeas and nays were taken, resulting as follows:
Yeas 102; Nays 14

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Beatty           Boan
Brown, G.        Brown, H.        Brown, J.
Brown, T.        Cain             Cato
Chamblee         Clyburn          Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Hodges           Huff
Hutson           Inabinett        Keegan
Kelley           Kennedy          Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Martin           Mason
McAbee           McCraw           McKay
McTeer           Meacham          Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Wilder           Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--102


Printed Page 2025 . . . . . Thursday, March 23, 1995

Those who voted in the negative are:
Breeland         Canty            Carnell
Cave             Cobb-Hunter      Howard
Keyserling       Lloyd            McElveen
Moody-Lawrence   Neal             Scott
Whipper, S.      White

Total--14

So, having received the necessary vote of two-thirds of the membership present and voting, the Bill was read the second time and ordered to third reading.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired about a fiscal impact statement prior to third reading in compliance with Section 2-7-76 which states that a revised estimated fiscal impact and cost statement must be prepared at the direction of the presiding officer of the House of Representatives or the Senate by the Budget Division prior to third reading of the bill or resolution, if there is a significant amendment to the bill or resolution.

The SPEAKER stated that he would comply in accordance with Section 2-7-76.

RECORD FOR JOURNAL

H. 3651 has many provisions that I agree with and several provisions that I don't agree with. Specifically not giving the public the right to vote for property tax relief by voting to raise the sales tax in S.C. and the Bill does nothing to stop mandates to local governments without providing the funding mechanism. My only reason for voting for the Bill is to allow some form of property tax relief.

Rep. GRADY A. BROWN

RECORD FOR JOURNAL

I voted against H. 3651 because it was a direct attack on Home Rule and would tie the hands of City and County Councils. They, as elected officials, should have the ability to control their budgets so they can respond to the needs of the people that they represent.

The Legislature should focus on state government and quit trying to micromanage local governments. We have approved Property Tax Relief in the State Budget Bill, one which doubles the $20,000 Homestead


Printed Page 2026 . . . . . Thursday, March 23, 1995

Exemption for those over age 65 and gives every other homeowner a $20,000 exemption which would amount to about $190 per year.

Rep. MARION P. CARNELL

RECORD FOR JOURNAL

H. 3651, to some small extent, is a continuation of the House's progressive efforts last year to provide South Carolinians' with residential property tax relief. I supported property tax relief last year and still believe that property taxpayers want and deserve relief from an excessive tax burden. However, I cannot vote for passage of H. 3651. This Bill violates the principles of Home Rule and compromises the integrity of the Education Improvement Act. I strongly believe that local governing entities should have the flexibility and authority to govern. The tax rate caps as outlined in this Bill and the House's failure to deal with unfunded mandates inhibit local governments' ability to effectively address the needs and concerns of their citizens. Secondly, this Bill provides tax relief at the expense of both public and higher education. Education, not property tax relief, should be the State's number one priority. Those who want to reduce the size of government and provide property tax relief by cutting education are, in my opinion, misguided and short-sighted about what is in the best interest of this State.

Rep. GILDA COBB-HUNTER

RECORD FOR JOURNAL

I concur with Rep. HODGES. Further, I would add that while it is impractical, if not impossible, to vote against this Bill given everyone's commitment to reduce property taxes, the people need to know how this Bill proposes to reduce property taxes. As Rep. HODGES says: on the backs of school children and working families. I would add, we have endorsed a very irresponsible and liberal precedent of dipping into our set asides and savings to fund the issues of the day. Not to disclose this fact would be hypocritical for anyone who considers themselves to be a fiscal conservative.

Rep. JAMES L.M. CROMER, JR.

RECORD FOR JOURNAL

Although I have always been a huge supporter of eliminating unfunded mandates, I voted in opposition of Amendment No. 23 to Bill H. 3651 because of its broad nature and lack of definition of what an unfunded mandate is. The Bill in its unamended form calls for a study commission to define for those impacted by mandates from the state exactly what


Printed Page 2027 . . . . . Thursday, March 23, 1995

unfunded mandates are. My belief is without a clear definition of unfunded mandates, localities could possibly call virtually anything an unfunded mandate. When the study commission completes its work we can immediately eliminate all unfunded mandates to the local level with a clear understanding of all parties involved.

Rep. MICHAEL E. EASTERDAY

RECORD FOR JOURNAL

I voted against Amendment No. 23 on H. 3651 because it was overly broad. I am opposed to unfunded mandates.

Rep. MICHAEL L. FAIR

RECORD FOR JOURNAL

I voted for H. 3651, although I have grave reservations about it. My hope is the Senate will take the appropriate action to protect education and local government. This Bill disproportionately benefits wealthier homeowners at the expense of less wealthy homeowners, and fails to provide a reasonable funding mechanism. My vote is simply to keep the issue alive. Property tax relief cannot be provided on the backs of school children and working families.

Rep. JAMES H. HODGES

RECORD FOR JOURNAL

Mr Speaker, Members of the House.

Having promised the people in Beaufort relief from excessive property taxes, I regret I cannot support H-3651.

Before I proceed, I want to first express thanks to the members of the House Ways and Means Committee and especially to Chairman Henry Brown. They have worked long and hard to provide property tax relief. It is also in order to recognize Governor Beasley for his leadership in keeping property tax relief to the fore.

After talking with colleagues and constituents over the past several weeks, I believe this measure asks the people of South Carolina to pay too much for what remains uncertain "relief."

We ask them to withstand cuts in education funding, despite our commitments otherwise, when it is critical we expand efforts to provide the best possible education opportunities for our young people; by spending budgeted set-asides, mandated by Carnell-Felder, we ask the citizens to jeopardize the recovery of our state's hard earned premier bond rating thereby increasing the cost when the state borrows money to finance South Carolina's growth for the future;


Printed Page 2028 . . . . . Thursday, March 23, 1995

by pledging one-half of future growth to fund property tax reform, we ask them to invest half of the future growth in state revenue to pay today's bills;

by placing spending caps on local government (including schools) we ask the people to tie the hands of those they elect to serve them in local government, that government closest to, and most trusted by, the people to respond to their daily needs; and finally,

we ask the people to make these sacrifices without giving them any certainty of actual property tax savings.

Instead of certain and specific property tax reform, H-3651 provides, at best, modest relief and a "promise" for more. (It is only appropriate to tell those who don't know that this General Assembly has broken previous "tax promises," specifically those which assured the citizens that every penny of sales tax go to the public schools. The General Assembly has broken this promise and, accordingly, demonstrated it cannot be trusted with promises passed off from one legislative generation to the next.)

Mr Speaker, our debate on property tax reform over the past two years has been based on invalid assumptions: that the escalation of property taxes is related to funding our public schools; and that property tax reform requires a statewide approach rather than a local solution.
Let me explain:

(1) The idea of tying property tax reform to funding local school districts was invented last year as a political ploy when we proposed property tax reform in the Boan Bill. (We thought,we will achieve property tax reform because "no one could have the nerve to put at risk secure funding for our schools.")

Yes, the General Assembly is constitutionally mandated to support public schools. We must honor that commitment by fully applying each of the five cents we collect in sales tax to fund schools.

(2) Contrary to underlying assumptions in H-3651, the rise in property tax is a local problem better resolved at the local level . . . if we untie the hands of local governments and stop denying them a means for raising revenue as required to address the problem.

If we disregard these false assumptions, and if we analyze the reasons for the dramatic rise in property taxes, we see that taxes have risen to finance the urbanization, or suburbanization if you will, of our historically rural state and the expense associated with implementing unfunded state and local mandates.

People living in the suburbs, today, demand services which, in the past, were provided only to those who lived in town.


Printed Page 2029 . . . . . Thursday, March 23, 1995

It used to be that when you chose to live in the country you expected: to live in a house accessible only by a dirt road; to draw your drinking water from a private well; to dump your sewage into a septic tank; to fight a fire with water from your well and tools from your storage shed with help from your neighbors; to have your family and neighbors chase away those who may threaten your personal property and/or your family's safety; to have a doctor come to your home when you were sick, have a friend take you to the hospital or to hire a private ambulance.

Today, most South Carolinians expect municipal and county government to: pave and maintain drainage of the road to their home; provide water and then remove their sewage; have public safety agencies, including fire, police and emergency medical technicians, respond within minutes to their public safety needs.

Given citizen demand for these local services, it is no surprise that property taxes, currently the only revenue source to pay for these services, are rising.

If the citizens think property tax is too high, then the local government must be prepared to cut services or employ alternative sources for generating the revenue necessary to fund those services. This is where the General Assembly can, and should in fact, be involved in property tax reform. We should untie the hands of local government and provide them with the option of alternative sources of revenue: county-wide sales tax; county-wide special purpose sales tax; county-wide income tax; various other fees employed by local government in other states as an alternative to property tax. Let local people decide what is best for local needs. Keep state government in Columbia out of the business of cities, towns and counties. It is time for genuine home rule, not control from Columbia.

We must also curb mandating local programs for local government for which we are not prepared to pay with state funds.

Am I just complaining . . . or do I have an alternative to H-3651? I have an alternative plan for ensuring property tax reform. Unfortunately, however, I was not able to offer it today since it would be ruled out of order because, as a replacement to the measure before us, it doesn't meet the test of germaneness.

Briefly, my four point plan for property tax reform follows.

(1) Demonstrate the State's commitment to tax reform for every South Carolinian. Initiate a referendum through which the voters may choose whether or not to phase out the sales tax on food and replace the "lost revenues" by applying up to 25% of future annual revenues resulting from growth over a period of up to four years. The current sales tax on food


Printed Page 2030 . . . . . Thursday, March 23, 1995

impacts every South Carolinian. Accordingly, phasing out this tax sends a clear message and provides tax savings for all.


| Printed Page 2010, Mar. 23 | Printed Page 2030, Mar. 23 |

Page Finder Index