Printed Page 1160, Feb. 29
| Printed Page 1180, Feb. 29
|
Printed Page 1160, Feb. 29
| Printed Page 1180, Feb. 29
| (c) in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a `festival' does not include a recognized state or county fair;
(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.
(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, `motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a `motion picture company' means a company generally engaged in the business of filming or producing motion pictures;
(44)(17) electricity used to irrigate crops;
(45)(18) building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.;
(46)(19) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard,
(47)(20) tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient.
(48) solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal;
(49) postage purchased by a person engaged in the business of selling advertising services for clients consisting of mailing, or directing the mailing of, printed advertising material through the United States mail directly to the client's customers or potential customers or by a person to mail or direct the mailing of printed advertising material through the United States mail to a potential customer;
(50)(a) recycling property;
(b) electricity, natural gas, propane, or fuels of any type, oxygen, hydrogen, nitrogen, or gasses of any type, and fluids and lubricants used by a qualified recycling facility;
(c) tangible personal property which becomes, or will become, an ingredient or component part of products manufactured for sale by a qualified recycling facility;
(d) tangible personal property of or for a qualified recycling facility which is or will be used (1) for the handling or transfer of postconsumer waste material, (2) in or for the manufacturing process, or (3) in or for the handling or transfer of manufactured products;
(e) machinery and equipment foundations used or to be used by a qualified recycling facility;
(f) as used in this item, "recycling property", "qualified recycling facility", and "postconsumer waste material" have the meanings provided in Section 12-7-1275(A);"
C. The additional revenue generated each fiscal year beginning on July 1, 1996, as determined by the State Treasurer from the amendments to Sections 12-36-2110 and 12-36-2120 of the 1976 Code as contained in this section must be used annually in the manner the General Assembly shall provide in the annual general appropriations act for recurring ad valorem personal property tax relief on motor vehicles and boats and motors.
D. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. MEACHAM moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Brown, H. Brown, J. Cain Cato Chamblee Dantzler Davenport Easterday Felder Fulmer Hallman Harrell Harris, P. Harrison Haskins Herdklotz Jaskwhich Keegan Kirsh Klauber Law Limbaugh Loftis Marchbanks Mason McAbee McMahand McTeer Meacham Moody-Lawrence Quinn Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stoddard Townsend Tripp Trotter Wells Wilder Wofford Worley
Those who voted in the negative are:
Allison Bailey Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Delleney Fleming Gamble Govan Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Keyserling Kinon Knotts Koon Lee Limehouse Littlejohn Lloyd McCraw McElveen
McKay Neal Phillips Rhoad Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilkes Witherspoon Wright
So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. H. BROWN raised the Point of Order that Amendment No. 164 was out of order as it affected over 50 percent of the population.
Rep. QUINN stated that it eliminated telephone exemptions to everyone who owned a telephone and that was certainly a majority.
SPEAKER Pro Tempore HASKINS cited Section 11-11-440 which states that the General Assembly may not provide for any general tax increase or enact any new general taxes in the permanent provisions of the State General Appropriations Act or act supplemental thereto and must be done by separate act. He further stated that general tax increases and new general taxes mean tax increases which apply to over 50 percent of the population as a whole.
Rep. SHEHEEN stated that it had to be presented how many phones were in service.
Rep. QUINN stated that everyone had a telephone.
SPEAKER Pro Tempore HASKINS stated that it could not be applied as a pass through cost. He further stated that the Rule was clear and that you had to show that at least 50 percent of the population would have an increase in taxes.
Rep. HARRELL stated that on Line 33 it referred to electricity for residential purposes and that would be directly on an individual's electric bill and certainly over 50 percent of the population had electricity.
Rep. SHEHEEN stated that you still had to have the number of people affected and how many people owned those houses and if that was over 50 percent.
SPEAKER Pro Tempore HASKINS stated that on March 18, 1993, there was an amendment to raise taxes on tobacco products and Rep. Rudnick raised the Point that it affected over 50 percent of the population. He further stated that Rep. Haskins had argued that it was shifting the burden and that it was speculative of what percentage of the population was affected and there was nothing pointed out then to give actual numbers of people affected and that Speaker Sheheen had sustained the Point of Order and ruled the amendment out of order.
Rep. HODGES cited a precedent from March of 1994 when Reps. Koon and Sturkie had an amendment that increased the sales tax to reduce property tax and he stated that it had been ruled in order.
SPEAKER Pro Tempore HASKINS further cited Section 33 on Page 22 which increased the tax on every residence in South Carolina with electricity and unless there were evidence presented that it would be fewer than half of the residences, then he would have to sustain the Point of Order. He further sustained the Point of Order and ruled the amendment out of order.
Rep. WITHERSPOON proposed the following Amendment No. 176 (Doc Name P:\amend\DKA\3574HTC.96), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 50-3-316, AS AMENDED, OF THE 1976 CODE, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO REQUIRE THE DEPARTMENT TO EMPLOY THE MOST QUALIFIED APPLICANTS, REQUIRE OFFICERS TO RESIDE WITHIN FIFTEEN MILES OF THE COUNTY FOR WHICH THEY ARE EMPLOYED, AND PROVIDE FOR FUNDING FOR ENFORCEMENT OFFICERS.
A. Section 50-3-316 of the 1976 Code, as amended by Section 1258 of Act 181 of 1993, is further amended to read:
"Section 50-3-316. The department shall, In employing enforcement officers, the department shall use the criteria as required by the Division
The department, when employing enforcement officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the department and who reside within that particular county before the department may hire other qualified applicants who reside outside that county.
If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner.
If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. H. BROWN raised the Point of Order that Amendment No. 176 was out of order as it was not germane.
Rep. WITHERSPOON argued contra the Point.
The SPEAKER overruled the Point of Order.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 36 to 33.
Reps. QUINN, HARRELL, LIMEHOUSE, H. BROWN, HARRISON, HASKINS, VAUGHN, ROBINSON and KLAUBER proposed the following Amendment No. 177 (Doc Name P:\amend\BBM\10629AC.96), which was tabled.
TO AMEND THE 1976 CODE BY ADDING SECTION 59-145-30 SO AS TO PROVIDE THAT IF THE CITADEL SINGLE-GENDER PROGRAM IS FOUND TO BE UNCONSTITUTIONAL NO HIGHER EDUCATION INSTITUTION OR AGENCY MAY RECEIVE OR EXPEND STATE FUNDS IF THE INSTITUTION OR AGENCY MAINTAINS A SINGLE-GENDER EDUCATION PROGRAM.
A. The 1976 Code is amended by adding:
"Section 59-145-30. Notwithstanding any other provision of law, if the Single-Gender Education Program of the Citadel is conclusively determined by a court of competent jurisdiction to violate the laws or Constitution of this State or the United States, any state higher education agency, institution, or entity maintaining a single-gender education program may not be appropriated or may not expend state funds from any source, if the agency, institution, or entity maintains a program of single-gender education. Further, no state higher education agency, institution or entity, including the S.C. Commission on Higher Education Tuition Grants, may allocate, distribute, or award state appropriated funds to any person or institution of higher education, if the state funds benefit, directly or indirectly, an institution of higher education that maintains a program of single-gender education."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. COBB-HUNTER moved to table the amendment.
Rep. HALLMAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 32.
Rep. STODDARD proposed the following Amendment No. 182 (Doc Name P:\amend\DKA\3575CM.96), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 40-39-100, AS AMENDED, RELATING TO INTEREST ON LOANS PAWNBROKERS MAY CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER MAY PURCHASE AN
A. Section 40-39-100 of the 1976 Code, as last amended by Act 491 of 1988, is further amended to read:
"Section 40-39-100. (A) Pawnbrokers may charge interest on loans not exceeding the following amounts:
(1) at the rate of two dollars and fifty cents per for each thirty-day period for each ten dollars loaned for the first fifty dollars loaned;
(2) at the rate of two dollars per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding fifty dollars but not exceeding one hundred dollars;
(3) at the rate of one dollar and fifty cents per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding one hundred dollars but not exceeding two hundred dollars;
(4) at the rate of one dollar per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding two hundred dollars but not exceeding one thousand dollars;
(5) at the rate of fifty cents per for each thirty-day period for each ten dollars loaned on that portion of the loan exceeding one thousand dollars but not exceeding two thousand dollars.
(B) No A pawnbroker may not separate or divide a pawn transaction into two or more transactions for the purpose or with the effect of obtaining a total pawn interest rate in excess of that authorized for an amount financed equal to the total of the amounts financed in the resulting transactions.
(C) No A pawnbroker may not make a loan in excess of two thousand dollars. Every pawnbroker shall post these rates in a form which is prescribed by the administrator. The following statement must be included in the posted rate schedule:
"Consumers: All pawnbrokers operating in South Carolina are required by law to post a schedule showing the maximum rate of LOAN FINANCE CHARGES stated as dollars for each ten dollars for each thirty-day period that the pawnbroker intends to charge for various types of pawn transactions. The purpose of this requirement is to assist you in comparing the maximum rates that pawnbrokers charge, thereby furthering your understanding of the terms of pawn transactions and helping you to avoid the uninformed use of credit.
NOTE: Pawnbrokers are prohibited only from granting credit at rates higher than those specified above. A pawnbroker may be willing to grant you credit at rates that are lower than those specified, depending on the amount, terms, collateral, and your credit worthiness.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. STODDARD explained the amendment.
Rep. STUART raised the Point of Order that Amendment No. 182 was out of order as it was not germane.
Rep. STODDARD argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. KELLEY proposed the following Amendment No. 185 (Doc Name P:\amend\BBM\10632DW.96), which was adopted.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
REQUIRING THE DEPARTMENT OF TRANSPORTATION TO TRANSFER ANNUALLY ONE HUNDRED THOUSAND DOLLARS FROM HIGHWAY FUNDS TO THE DEPARTMENT OF PUBLIC SAFETY TO FUND THE SOUTH CAROLINA MOTORCYCLE RIDER SAFETY EDUCATION PROGRAM AND PROVIDE THAT ANY UNEXPENDED FUNDS TRANSFERRED TO THE DEPARTMENT OF PUBLIC SAFETY LAPSE AND MAY NOT BE CARRIED FORWARD INTO THE NEXT FISCAL YEAR.
A. The Department of Transportation is required to transfer annually one hundred thousand dollars from highway funds to the Department of Public Safety to fund the South Carolina Motorcycle Rider Safety Education Program. However, any transferred funds not expended by the Department of Public Safety lapse and may not be carried forward into the next fiscal year.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. KELLEY explained the amendment.
Reps. TOWNSEND, HARRELL and WELLS proposed the following Amendment No. 197 (Doc Name P:\amend\PFM\8046SD.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE THAT IF A SCHOOL DISTRICT ELECTS TO USE EDUCATIONAL IMPROVEMENT ACT APPROPRIATIONS FROM THE LOCAL SCHOOL INNOVATION FUND FOR ADULT EDUCATION, THESE FUNDS SHALL BE DISTRIBUTED TO THE REQUESTING SCHOOL DISTRICTS BY THE DEPARTMENT OF EDUCATION FOR THE PURPOSE OF PROVIDING BASIC ADULT EDUCATION IN ACCORDANCE WITH THE PROVISIONS OF LAW PERTAINING TO ADULT EDUCATION AS GOVERNED BY THE DEPARTMENT OF EDUCATION'S REGULATIONS AND THE STATE PLAN FOR ADULT EDUCATION.
Notwithstanding any other provision of law, if a school district elects to use Education Improvement Act appropriations from the Local School Innovation Fund for adult education, these funds shall be distributed to the requesting school district by the Department of Education for the purpose of providing basic adult education in accordance with the provisions of law pertaining to adult education as governed by the Department of Education's regulations and the State Plan for Adult Education./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
The amendment was then adopted.
Reps. JASKWHICH, HODGES, SEITHEL, CATO, KIRSH, VAUGHN, STILLE and QUINN proposed the following Amendment No. 198 (Doc Name P:\amend\BBM\10627SD.96), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-703, SO AS TO PROVIDE THAT AN
Printed Page 1160, Feb. 29
| Printed Page 1180, Feb. 29
|