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F. Article 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-60. (A) The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year. The millage rate may, however, be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy special purpose or public service district taxes. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:

(1) in response to a natural or environmental disaster as declared by the Governor;

(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(3) to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.

(B) The millage rate may be further increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.

(C) The restriction contained in this section shall not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account.

(D) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a

G. Chapter 73, Title 59 of the 1976 Code is amended by adding:

"Section 59-73-35. (A) The governing body authorized by law to levy school taxes may not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year.

(B) The millage rate may, however, be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy school taxes of the school district. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate may be increased for the following purposes:

(1) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030;

(2) in response to a natural or environmental disaster as declared by the Governor;

(3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or

(4) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.

(C) Notwithstanding any provision of law to the contrary, the millage rate may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.

(D) The restriction contained in this section shall not affect millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy-saving performance contracts as provided in Section 48-52-670.

(E) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section.

(F) The provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a particular year

H. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:

"Section 12-43-350. Affected political subdivisions must use a tax bill which must contain standard information and include the following:

(1) name and address of owner;

(2) tax map number;

(3) location of property;

(4) appraised value;

(5) assessed value;

(6) assessed ratio;

(7) millage for each tax district;

(8) receipt number;

(9) total tax liability for current year;

(10) state property tax relief benefit (savings);

(11) local option sales tax credit."

I. Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-80. (A) The counties, municipalities, special purpose, or public service and school districts of this State must provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in the nonclassified section in at least one South Carolina newspaper of general, audited circulation in the area. The public hearing must give the residents of the jurisdiction the opportunity to express their concerns and to provide ideas or input for discussion by the local governing entity. This notice must be given not less than fifteen days in advance of the public hearing, and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point headline.

(B) The notice shall include the following:

(1) the governing entity's name;

(2) the time, date, and location of the public hearing on the budget;

(3) the total, actual, and projected expenditures of the current operating fiscal year in the budget of the governing entity;

(4) the proposed total projected operating expenditures for the next fiscal year as proposed in next year's budget for the governing entity;

(5) the proposed or estimated percentage change in operating budgets between the current fiscal year and the proposed budget;

(6) the total, actual, and projected revenue of all property taxes in dollars for the current fiscal year budget;

(8) the millage for the current fiscal year;

(9) the proposed millage as proposed in the budget for the next fiscal year;

(10) the rollback millage rate, computed by dividing the current year's property tax revenues by the budget year property tax assessment base;

(11) any new fees or taxes that would affect more than five percent of the total proposed budget; and

(12) estimated local option sales tax credit, if applicable.

(C) The requirements of this section apply in the preparation of annual budget and supplemental appropriations. When the counties, municipalities, and special purpose or public service districts, and school districts determine that they require a greater tax rate after the adoption of the budget or during the current fiscal year, or fail to provide notice within the above-specified period, they also must comply with the notice requirements of this section."

J. There shall be established a committee which shall be known as the "Joint Ad Hoc Committee on Unfunded Mandates" (hereinafter the "committee"). The committee shall be composed of three members appointed from the House of Representatives by the Speaker of the House of Representatives, three members appointed from the Senate by the President of the Senate, and three members appointed by the Governor. The committee shall investigate and review the role of unfunded mandates and their impact on the counties of this State. The committee shall hold public hearings and report to the General Assembly with specific recommendations on the repeal or modification of all unfunded mandates in existence as of July 1, 1995. The committee's consideration of unfunded mandates shall include, but is not limited to, those mandates imposed by statute, regulation, and judicial interpretation. The committee shall issue a report and make its recommendations to the General Assembly prior to the commencement of the Second Session of the 111th General Assembly. Upon issuing its report, the committee terminates.

K. The 1976 Code is amended by adding:

"Section 12-47-75. If a taxpayer or his agent pays property taxes in error, or the payment is erroneously credited, the treasurer shall credit the amount paid against the actual liability of the taxpayer for the tax year in question. This section applies for any tax year for which proof is provided."

"The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. This subsection (c) is not applicable unless the owner of the property or his agents make written application apply therefor to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: `Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence as of January first of for the appropriate tax year'.

To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence, prior to the date of application, for some period during the tax year and remain an owner-occupant at the time of application. However, when a new or renovated residential property has been certified for occupancy after the beginning of a tax year, the property must be assessed as provided in item (e) on the unimproved value of the property."

(2) This subsection takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1994.

M. Section 11-11-440(A) of the 1976 Code is amended to read:

"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, and any such general tax increases or new general taxes must be enacted only by

N. Notwithstanding the provisions of Section 12-43-220(d)(3) of the 1976 Code, the deadline for filing for agricultural use value for property owned as of December 31, 1993, is extended to January 15, 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. H. BROWN explained the amendment.

Rep. HODGES raised the Point of Order that the Bill was out of order under Rule 9.1 which states that a Bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such Bill as amended shall be printed, placed on the House Calendar, and shall not be read until such printed copy has been on the desks of the members for at least one day previous to such reading.

The SPEAKER stated that usually a motion to waive the printing under Rule 5.14 was made and if that happened, then the Point would prevent that from happening.

Rep. HODGES stated that the motion had not been made yet and that his Point of Order would have priority.

Rep. HASKINS stated that the Point of Order was in order but once the Point was ruled on, then a motion could still be made to waive the printing and the House would still be on the Bill.

The SPEAKER stated that in order to take it up that Rule 5.14 would have to be waived and if not, then it would be on the calendar. He further stated that at this point, technically, Rep. Hodges was correct, but a motion was going to be made to waive the printing and if it passed, then the House would deal with the Bill.

Rep. HODGES questioned that if he ruled that he was correct, then how could the subsequent motion be made as it would be ruled that it did not comply with the Rules.

The SPEAKER stated that the motion could come right after the ruling and that it would not prohibit the motion from being made.

Rep. SCOTT stated that he could recall that when the question had been raised about Bills under Rule 9.1 about printing and once the question had been raised prior to the motion being made and the ruling came in favor of the nonprinting, then the Bill could not be taken up at that time.

The SPEAKER stated that Rule 9.1 had been cited and that historically the Appropriations Bill had never been printed because of the cost.

Rep. BOAN stated that the Point of Order could be sustained and then rule that it be printed by title only as the House did during the Appropriations process with all Bills.

Rep. FELDER stated that in the past the printing rule was waived, but that the Senate Amendment had to be printed.

Rep. McTEER moved to waive Rule 5.14.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Boan             Brown, G.
Brown, H.        Brown, J.        Byrd
Cain             Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harvin           Haskins          Herdklotz
Hines            Hodges           Howard
Jaskwhich        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McTeer           Meacham
Neal             Neilson          Phillips
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen

Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Wilder           Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Those who voted in the negative are:

Moody-Lawrence

So, Rule 5.14 was waived.

The SPEAKER stated that historically the Appropriations Bill had never been printed as it came back over as amended and that a Point of Order had never been raised. He further stated that the meaning of Rule 9.1 did not make an exclusion for the Appropriations Bill and he sustained the Point of Order.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.

Ordered for consideration tomorrow.

S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Ordered for consideration tomorrow.

On motion of Rep. T. BROWN, with unanimous consent, the following was taken up for immediate consideration:

H. 4193 -- Reps. T. Brown and Thomas: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY, HEAD COACH KEN HASELDEN, AND THE COACHING STAFF, ON MAY 11, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Andrews Yellow Jackets Boys Basketball Team of Georgetown County, Head Coach Ken Haselden, and the coaching staff on Thursday, May 11, 1995, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class AA Basketball Championship and completing an undefeated season.

The Resolution was adopted.

On motion of Rep. BAILEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4194 -- Reps. Bailey, Law, Trotter and L. Whipper: A CONCURRENT RESOLUTION TO FIX THURSDAY, MAY 25, 1995, AT 12:00 NOON, AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 3, SO AS TO FILL THE TERM WHICH EXPIRES JUNE 30, 1995.

Be it resolved by the House of Representatives, the Senate
concurring:

That the House of Representatives and the Senate meet in joint assembly in the Hall of the House of Representatives on Thursday, May 25, 1995, at 12:00 noon, for the purpose of electing a successor to the member of the South Carolina Consumer Affairs Commission for Seat 3, so as to fill the term which expires June 30, 1995.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:

H. 4195 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SWANSEA HIGH SCHOOL WRESTLING TEAM AND COACHES FOR WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP ON WEDNESDAY, MAY 10, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the Swansea High School Wrestling Team and coaches be extended the privilege of the floor of the House of Representatives on Wednesday, May 10, 1995, at a time to be determined by the Speaker.

The Resolution was adopted.

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