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| Printed Page 1230, Feb. 29
| Bailey Brown, H. Cain Cato Chamblee Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Felder Govan Harris, J. Harris, P. Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kinon Lee Lloyd McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Spearman Stille Stoddard Stuart Thomas Townsend Tucker
Waldrop Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was adopted.
Reps. GAMBLE, WRIGHT, KNOTTS, RISER, SPEARMAN and KOON proposed the following Amendment No. 238 (Doc Name P:\amend\DKA\3585HTC.96), which was rejected.
Amend the amendment proposed by Rep. Wilkins, et al., dated February 29, 1996, document name P:\Amend\DKA\3577HTC.96, designated amendment number 210, as and if amended, page 18, by inserting a new subitem immediately after line 15 to read:
/(4) Notwithstanding the provisions of this subsection, no uniform service charge authorized by this subsection may be imposed in an area of a county that has been annexed by the municipality if:
(a) the annexed area of the county was unincorporated as of January 1, 1996, and subsequently annexed by the municipality;
(b) the governing body of the county in which the annexed area is located has not agreed to the annexation; and
(c) the majority of the geographical area of the municipality is in a county other than the county in which the annexed area is located.
Notwithstanding any other provision of law, no reimbursement otherwise due a municipality pursuant to Section 12-37-270 may be paid unless the governing body of the municipality certifies in writing to the Comptroller General that the municipality shall comply with the requirements of this item./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. ROGERS raised the Point of Order that Amendment No. 238 was out of order as it was not germane. He further stated that this involved a prohibition against imposing a fee or tax and that the substantial effect of the amendment was to prohibit annexation. He further stated that it did not have any kind of limitation on any scheme of an existing municipality as the other amendment did.
Rep. GAMBLE argued that it only added further perimeters on the accommodations tax.
Rep. ROGERS moved to table the amendment.
Rep. GAMBLE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Breeland Brown, T. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Delleney Fleming Govan Harris, P. Harrison Harvin Hines, J. Hodges Howard Inabinett Keyserling Kirsh Lee Lloyd McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Simrill Townsend Tucker Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Baxley Brown, H. Cain Cato Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harris, J. Haskins Hutson Jennings Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Marchbanks Mason McAbee McCraw McKay Neilson Phillips Quinn Rice Riser Robinson
Sandifer Seithel Shissias Smith, D. Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Worley Young Young-Brickell
So, the House refused to table the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. KOON spoke in favor of the amendment.
Rep. ROGERS spoke against the amendment.
Rep. GAMBLE spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Cain Cato Dantzler Easterday Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Haskins Keegan Kelley Klauber Knotts Koon Lanford Law Limehouse Loftis Neilson Quinn Rice Riser Robinson Sandifer Spearman Stoddard Stuart Tripp Trotter Vaughn Wells Wilkins Witherspoon Wofford Worley
Allison Anderson Bailey Baxley Breeland Brown, G. Byrd Canty Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Govan Harrison Harvin Hines, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kinon Kirsh Lee Littlejohn Lloyd McKay McMahand Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Smith, D. Stille Townsend Tucker Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Young-Brickell
So, the amendment was rejected.
Rep. STUART proposed Amendment No. 246, which was ruled out of order.
Amend Amendment No. 234, on page 13 (8), Section 59-73-35 by striking "upon a three-fifths vote"
Rep. STUART explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 246 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER stated that it did not relate to revenues in Part I and he sustained the Point of Order and ruled the amendment out of order.
Amend Amendment No. 234, on page 9 (14), Section 59-21-1030, (4), by adding "State and Federal" mandates
Rep. MARCHBANKS raised the Point of Order that Amendment No. 247 was out of order as it was not germane in that it did not relate to Part I.
The SPEAKER stated that it did not relate to revenues in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. QUINN proposed the following Amendment No. 232 (Doc Name P:\amend\PFM\8057AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 30-4-45 SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO MAKE AVAILABLE MOTOR VEHICLE RECORD INFORMATION FOR DISTRIBUTION AND FOR USE IN RESPONSE TO INDIVIDUAL REQUESTS, ALLOW THE DEPARTMENT TO NEGOTIATE FEES FOR SUCH DISTRIBUTION, REQUIRE THE DEPARTMENT TO IMPLEMENT CERTAIN METHODS AND PROCEDURES WITH RESPECT TO THE USE OF THE INFORMATION, REQUIRE A BUSINESS ENTITY OR OTHER PERSON RECEIVING THE INFORMATION FOR DISTRIBUTION TO FILE AN AFFIDAVIT DECLARING CERTAIN THINGS UNDER PENALTY OF PERJURY, PROVIDE THAT NO PHONE NUMBERS OR MOTOR VEHICLE LICENSE PLATE NUMBERS SHALL BE RENTED OR SOLD UNDER THIS SECTION, AND PROVIDE THAT NOTHING IN THIS SECTION ALLOWS THE DEPARTMENT TO RELEASE ANY NAME, ADDRESS, OR TELEPHONE NUMBER INFORMATION TO ANY PERSON REQUESTING SUCH INFORMATION BASED SOLELY UPON A MOTOR VEHICLE LICENSE PLATE NUMBER.
A. The 1976 Code is amended by adding:
"Section 30-4-45. (A) Notwithstanding any other provision of law:
(1) The Department of Revenue and Taxation shall make available motor vehicle record information for distribution and for use in response to individual requests, and the department shall negotiate fees for distribution.
(a) individuals are provided an opportunity, in a clear and conspicuous manner, to opt-out and prohibit the use of motor vehicle record information about them for distribution for surveys, marketing, and solicitations; and
(b) surveys, marketing, and solicitations and that surveys, marketing, and solicitations will not be directed at those individuals who have requested in a timely fashion that they not be directed at them.
(3) Any business entity or other person receiving motor vehicle record information for distribution under this section shall file an affidavit with the department declaring, under penalty for perjury:
(a) that it is a registered corporation doing business in South Carolina, in accordance with the laws of this State;
(b) exactly what it intends to do with the information.
(4) No phone numbers or motor vehicle license plate numbers shall be rented or sold under this section.
(5) Nothing in this section allows the department to release any name, address or telephone number information to any person requesting such information based solely upon a motor vehicle license plate number."
(B) Of the funds appropriated to the Department of Revenue and Taxation for operating expenses of its Motor Vehicle Division, the department shall expend not more than one thousand dollars to establish procedures for implementation of this section.
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. HODGES spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, G. Byrd Cato Cave Clyburn Cobb-Hunter Cromer Delleney Easterday Govan Harris, J. Harris, P.
Hines, J. Hodges Howard Inabinett Jennings Keyserling Kirsh Lee Lloyd McAbee McCraw McMahand Meacham Moody-Lawrence Neal Phillips Rice Richardson Rogers Seithel Sheheen Shissias Simrill Stille Stoddard Townsend Trotter Whatley Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Askins Bailey Brown, H. Cain Canty Chamblee Cotty Dantzler Davenport Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Haskins Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Loftis Marchbanks Mason Neilson Quinn Rhoad Riser Robinson Sandifer Scott Sharpe Smith, D. Smith, R. Spearman Stuart Tripp Tucker Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
It was my intention to vote to table this amendment as I feel that it is inappropriate to sell constituent information without their permission.
Let the record reflect my opposition to this amendment.
Rep. JOHN W. TUCKER, JR.
Rep. G. BROWN proposed the following Amendment No. 243 (Doc Name P:\amend\GJK\22441JM.96), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THAT FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR AID TO SCHOOL DISTRICTS SHALL NOT BE USED TO REQUIRE A STUDENT TO TAKE PHYSICAL EDUCATION IN VIOLATION OF THE STUDENT'S WRITTEN RELIGIOUS DOCTRINE OR CREED.
The 1976 Code is amended by adding:
"Section 59-1-444. Notwithstanding any other provision of this title, beginning with Fiscal Year 1996-97, funds appropriated by the General Assembly in the annual general appropriations act to the State Department of Education for Aid to School Districts shall not be provided to districts to fund physical education classes that require a student to take physical education in violation of the student's written religious doctrine or creed."/
Renumber sections & amend totals/title to conform.
Rep. G. BROWN explained the amendment.
Rep. KNOTTS raised the Point of Order that Amendment No. 243 was out of order as it was not germane.
Rep. G. BROWN argued contra the Point citing Page 179, Lines 22 and 39.
The SPEAKER inquired about the substantial effect of the amendment.
Rep. HASKINS stated that the substantial effect was setting up a condition whereby they received the funds.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. KNOTTS moved to table the amendment, which was not agreed to.
The amendment was then rejected.
Rep. HUTSON proposed the following Amendment No. 244 (Doc Name P:\amend\PFM\8085DW.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new SECTION appropriately numbered to read:
TO AMEND SECTION 2-15-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO MAKE IT A DUTY OF THE COUNCIL TO ASSIST THE GENERAL ASSEMBLY, INCLUDING ITS APPROPRIATE STANDING COMMITTEES, TO IMPLEMENT A "ZERO BASE" BUDGET PROCESS IN THE PREPARATION OF THE GENERAL APPROPRIATIONS BILL BEGINNING WITH FISCAL YEAR 1996-1997.
A. Section 2-15-60 of the 1976 Code, as last amended by Act 329 of 1990, is further amended by adding:
"(d) To assist the General Assembly, including its appropriate standing committees, to implement a `zero base' budget process in the preparation of the general appropriations bill beginning with fiscal year 1996-1997."
B. This section takes effect July 1, 1996./
Renumber sections & amend totals/title to conform.
Rep. HUTSON explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 245 (Doc Name P:\amend\DKA\3587AC.96), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND TITLE 2 OF THE 1976 CODE RELATING TO THE GENERAL ASSEMBLY BY ADDING CHAPTER 50 SO AS TO ESTABLISH THE CAPITAL PROJECTS OVERSIGHT COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP, AND TO ASSIGN THE POWERS AND DUTIES OF THE FORMER STATE BOND REVIEW COMMITTEE TO THE CAPITAL PROJECTS OVERSIGHT COMMITTEE.
A. Title 2 of the 1976 Code is amended by adding:
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