South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 21, 1996

Wednesday, February 21, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, give us wisdom to perceive You, intellect to understand You, diligence to seek You, patience to wait for You, eyes to behold You, minds to meditate upon You, and lives to proclaim You so that all our deliberations and actions may be guided by Your impeccable teachings. Through the tangled wilderness of human relationships, show us the clear paths to the summit of Your will. And in those paths may we make our plans, fashion our lives, and enact our laws. Take from us the dark shadows of doubt to be replaced by a greater trust in God.

Hear us as we pray with thankful hearts. 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 Pro Tempore ordered it confirmed.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Lila Mae Brock of Greenville, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, with amendments, on:

H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART AND TO PROVIDE THAT REPRESENTATIVES OF THE SOUTH CAROLINA TREE FARM PROGRAM SHALL BE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, APRIL 11, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR CONTRIBUTIONS.

H. 4512--AMENDED AND ADOPTED

On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.

Whereas, the South Carolina Tree Farm Program, organized in 1946, is a part of the American Tree Farm System, a nationwide volunteer program administered by private and public foresters that provides technical advice to private, nonindustrial forestland owners and encourages them to manage their forests to produce wood, wildlife habitat, recreation, aesthetics, and clean water; and

Whereas, the South Carolina Tree Farm Program is a nationally recognized leader with over 3.5 million acres of forestland enrolled on some 1,750 certified tree farms; and

Whereas, trees are South Carolina's leading cash crop, and the forest products industry is the third largest in our State, employing 32,500 residents in growing and harvesting trees and manufacturing and recycling forest products, contributing $5.6 billion annually to our economy; and

Whereas, the majority of the forestland in South Carolina is owned by private landowners, and without the excellent assistance provided by forestry professionals including those involved with the South Carolina Tree Farm Program, and the dedication of South Carolina Tree Farmers to manage their land for multiple benefits, the economy and environment of South Carolina would suffer tremendously. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend the South Carolina Tree Farm Program for its contributions to the enhancement of the forests of this State and the environment of which forestlands are a part.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Tree Farm Program.

The Invitations Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\\22363SD.96), which was adopted.

Amend the resolution, as and if amended, by striking the paragraph beginning on line 12, page 2 in its entirety.

Amend title to read:

/TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART./

When amended the resolution reads:

/Whereas, the South Carolina Tree Farm Program, organized in 1946, is a part of the American Tree Farm System, a nationwide volunteer program administered by private and public foresters that provides technical advice to private, nonindustrial forestland owners and encourages them to manage their forests to produce wood, wildlife habitat, recreation, aesthetics, and clean water; and

Whereas, the South Carolina Tree Farm Program is a nationally recognized leader with over 3.5 million acres of forestland enrolled on some 1,750 certified tree farms; and

Whereas, trees are South Carolina's leading cash crop, and the forest products industry is the third largest in our State, employing 32,500 residents in growing and harvesting trees and manufacturing and recycling forest products, contributing $5.6 billion annually to our economy; and

Whereas, the majority of the forestland in South Carolina is owned by private landowners, and without the excellent assistance provided by forestry professionals including those involved with the South Carolina Tree Farm Program, and the dedication of South Carolina Tree Farmers to manage their land for multiple benefits, the economy and environment of South Carolina would suffer tremendously. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby commend the South Carolina Tree Farm Program for its contributions to the enhancement of the forests of this State and the environment of which forestlands are a part.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Tree Farm Program./

Renumber sections to conform.

Amend title to conform.

The House Resolution as amended was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4642 -- Reps. Allison, Davenport and Cromer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", AMANDA ELIZABETH SPIVEY OF SPARTANBURG, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1996 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON TUESDAY, APRIL 30, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4643 -- Reps. Harvin, T. Brown, Breeland, Cave, Neal, White, Byrd, McMahand, J. Brown, M. Hines, Anderson, Lloyd, Williams, Kinon, Lee, Cato, L. Whipper, Moody-Lawrence and Cobb-Hunter: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. SUSIE MAE WHACK KENNEDY, THE MOTHER OF OUR DEAR FRIEND AND ESTEEMED COLLEAGUE, THE HONORABLE KENNETH KENNEDY OF WILLIAMSBURG COUNTY, AND EXTENDING DEEPEST SYMPATHY TO MRS. KENNEDY'S ENTIRE FAMILY AND HER MANY FRIENDS.

Whereas, Mrs. Susie Mae Whack Kennedy of Greeleyville has passed away at the age of seventy-five; and

Whereas, she was the beloved mother of our dear friend and esteemed colleague in the General Assembly, the Honorable Kenneth Kennedy of Williamsburg County; and

Whereas, Mrs. Kennedy died on February 16, 1996; she was born in Williamsburg County and received her formal education in the public schools of Williamsburg County; she was an active member of Trinity Baptist Church and Mount Hope Order of Eastern Star Lodge 286 and was secretary of the Home Mission Society; she was also employed by the Williamsburg County School System; and

Whereas, she was married to the late Ben Kennedy; and

Whereas, she is survived by her sons, Representative Kennedy and Mr. Glen Kennedy, both of Greeleyville, Mr. Karel R. Kennedy of Murrells Inlet, and Mr. Deon Kennedy of Columbia; by her daughters, Ms. Louise Payne of Schaumberg, Illinois, Ms. Castina Kennedy of Washington, D.C., and Ms. Ernestine K. King of Sumter; by her sisters, Ms. Sarah Johnson of Brooklyn, New York, Ms. Elouise Williams of Greensboro, North Carolina, and Ms. Maggie Oliver of Orlando, Florida; and by thirteen grandchildren and five great grandchildren; and

Whereas, Mrs. Kennedy was an outstanding individual who was dedicated to her family, friends, church, and community and will be greatly missed. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Mrs. Susie Mae Whack Kennedy, the mother of our dear friend and esteemed colleague, the Honorable Kenneth Kennedy of Williamsburg County, and extend deepest sympathy to Mrs. Kennedy's entire family and her many friends.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Kennedy's family in care of her son, Representative Kenneth Kennedy.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1155 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING MS. KELLY MCCALLA OF GREENWOOD COUNTY FOR BEING NAMED THE 1997 SOUTH CAROLINA TEACHER OF THE YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 4644 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JULIAN L. HARBIN OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4645 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES BRYANT FLOYD OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.

On motion of Rep. HALLMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Rep. VAUGHN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. DAVENPORT objected.

Referred to Committee on Labor, Commerce and Industry.

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Koon, Limehouse, White, Wright, Stille, Keyserling, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4650 -- Reps. Elliott, Littlejohn, Allison, Walker and Davenport: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE PROVISIONS REGULATING TOWING AND WRECKER SERVICE PROVIDERS; AND TO REPEAL SECTION 56-5-2525, RELATING TO A TOWING COMPANY THAT TOWS A VEHICLE WITHOUT THE OWNER'S KNOWLEDGE.

Referred to Committee on Labor, Commerce and Industry.

H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4652 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO ESTABLISH PENALTIES FOR VIOLATING THIS SECTION AND FOR BOARDING ANIMALS OF OTHERS AS DESCRIBED IN THIS SECTION.

Referred to Committee on Judiciary.

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

Referred to Dorchester County Delegation.

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A SPECIFIED DOLLAR AMOUNT BE USED FOR HIGHER EDUCATION SCHOLARSHIP GRANTS, AND TO REPEAL PARAGRAPH 72.71, SECTION 72, PART 1B OF ACT 145 OF 1995 WHICH SPECIFIES THE MANNER IN WHICH THESE FUNDS MUST BE DISTRIBUTED FOR FISCAL YEAR 1995-96.

Referred to Committee on Education and Public Works.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Bailey
Baxley                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Elliott
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harrison               Harvin                 Haskins
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Marchbanks             Martin                 Mason
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
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                Whipper, L.
White                  Wilder                 Wilkes
Williams               Witherspoon            Wofford
Worley                 Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 21.

David H. Wilkins                  John L. Scott, Jr.
Harry R. Askins                   Olin R. Phillips
Annette Young-Brickell            Jackson S. Whipper
W. Jeffrey Young                  Curtis B. Inabinett
John G. Felder                    Jerry N. Govan, Jr.
William D. Boan                   Ralph W. Canty
Joseph T. McElveen, Jr.
Total Present--120

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BOAN a temporary leave of absence for the day due to family illness.

The SPEAKER Pro Tempore granted Rep. KENNEDY a leave of absence for the day due to the death of his mother.

The SPEAKER Pro Tempore granted Rep. CARNELL a leave of absence for the day.

STATEMENT OF ATTENDANCE

Reps. FLEMING and BOAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 20.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

SPEAKER IN CHAIR
SPECIAL PRESENTATION

Rep. WELLS, on behalf of the Spartanburg Delegation presented to the House the students, parents, and officials from the S.C. School for the Deaf and Blind, recognizing the students for their outstanding accomplishments and performance for the House.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Rep. THOMAS explained the Bill.

H. 4471--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

Rep. CATO proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22362SD.96), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     (A)     An advisory referendum shall be held at the same time as the 1996 general election in Greenville County and in other areas which are a part of the School District of Greenville County on the question of whether or not the qualified electors of the district favor subdividing the district into three or more separate school districts, and whether or not they desire a plan of subdivision to be developed for their nonbinding approval in 1998. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1996 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(B)     The question put before the qualified electors of the district at the 1996 advisory referendum shall read as follows:

"Do you favor subdividing the School District of Greenville County into three or more separate school districts and requiring a committee of county legislative delegation members and school board members to submit a plan of subdivision developed by the committee to the qualified electors of the district in 1998 for their nonbinding approval if the results of the 1996 advisory referendum are in favor of subdividing the district?"

Yes     [ ]
No     [ ]

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".

(C)     If the qualified electors of the district vote in favor of the question submitted at the 1996 advisory referendum provided for in subsection (A), a committee hereinafter established must develop a plan for subdividing the district into three or more separate school districts which shall be submitted by the committee to the qualified electors of the district for their nonbinding approval at an advisory referendum to be held for this purpose at the same time as the 1998 general election. The committee shall be composed of that number of members jointly determined by the Chairman of the Greenville County Legislative Delegation and the Chairman of the Board of Trustees of the Greenville County School District, with one-half of such members being members of the delegation appointed by the chairman thereof and one-half of such members being members of the school board appointed by the chairman thereof. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The committee in conjunction with the commissioners of election shall frame the question for the ballot, and the commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(D)     The results of the 1996 and 1998 advisory referendums may be considered by the Greenville County Legislative Delegation when determining whether or not to cause the school district to be so subdivided as provided by law in 1999 and thereafter, but the results of the 1996 and 1998 advisory referendums shall not require the school district to be so subdivided.

SECTION     2.     This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

Rep. JASKWHICH proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22355SD.96), which was rejected.

Amend the joint resolution, as and if amended, by striking the last sentence of subsections (A) and (C) of SECTION 1 and inserting:

/The costs of the referendum must be paid by the State from the state's general fund upon the certification to the Comptroller General by the Greenville County Election Commission of the costs thereof./

Renumber sections to conform.

Amend title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then rejected.

Rep. JASKWHICH proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22356SD.96), which was adopted.

Amend the joint resolution, as and if amended, by adding the following at the end of subsection (B) of SECTION 1:

/In addition to the question above provided in this subsection (B), the following additional question also shall be put before the qualified electors of the district at the 1996 advisory referendum:

"Which of the following forms do you favor for the composition of the Board of Trustees of the School District of Greenville County or for any other boards that may be established for other school districts of the county if you favor subdividing the Greenville County School District? Please select only one

_     Twelve members elected from defined election districts, which is the manner the Board of Trustees of the School District of Greenville County is presently constituted.

_     Nine members elected from the school district at large.

_     Nine members elected from nine defined election district.

_     Nine members, six elected from defined election districts and three elected from the school district at large.

Those voting in favor of a particular composition form shall deposit a ballot with a check or cross mark in the square opposite that form./

Amend further by adding the following at the end of subsection (C) of SECTION 1.

/If the qualified electors of the district at the 1996 advisory referendum also vote in favor of one of the three proposed nine member forms for the Board of Trustees of the Greenville County School District and for any other district that may be established if the results of the 1996 referendum favor subdividing the Greenville County School District, the plan required to be developed and submitted to the voters at the 1998 advisory referendum also may contain a specific proposal to establish such a nine member board for either the Greenville County School District or for any other district which the plan establishes for submission to the voters in 1998./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

POINT OF ORDER

Rep. LOFTIS raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the main part called for the question of dividing the school district and that the amendment pertained to the board.

Rep. JASKWHICH argued contra the Point.

The SPEAKER stated that the main part was a revisory referendum regarding the school district of Greenville County and the amendment simply added another question to the ballot and he overruled the Point of Order.

The question then recurred to the adoption of the amendment.

Rep. McMAHAND demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 9 to 5.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

Rep. McMAHAND demanded the yeas and nays, which were taken resulting as follows:

Yeas 8; Nays 5

Those who voted in the affirmative are:

Cato                   Easterday              Haskins
Jaskwhich              Rice                   Stoddard
Tripp                  Vaughn

Total--8

Those who voted in the negative are:

Anderson               Herdklotz              Loftis
McMahand               Wilkins

Total--5

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

Rep. ANDERSON objected to the Joint Resolution.

POINT OF ORDER

Rep. CATO raised the Point of Order that the objection was out of order as the Joint Resolution had already received second reading and the House was no longer on the Joint Resolution.

The SPEAKER sustained the Point of Order.

S. 598--RECOMMITTED

The following Bill was taken up.

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

Rep. J. BROWN moved to recommit the Bill to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.

H. 3230--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2250DW.96).

Amend the bill, as and if amended, by striking all after enacting words and inserting:

/SECTION     1.     Article 13, Chapter 13, Title 8 of the 1976 Code is amended by adding:

"Section 8-13-1317.     (A)     No election official as defined in Section 8-13-1300 (10)(B) may:

(1)     become involved in any way in the campaign of any candidate for any office. This would prohibit any activity in the campaign of federal offices, including candidates for President, Vice President, United States Senate and United States House of Representatives, and any office that could be protested or appealed in an election contest to the board of canvassers;

(2)     make financial contributions or contribute personal service to any candidate or candidates for public office;

(3)     make a public endorsement of any candidate for public office;

(4)     serve as a poll watcher for a candidate for public office or for a political party in a primary or general election; or

(5)     serve as a poll manager in any election.

(B)     The provisions of subsection (A) apply from the beginning of an election cycle until the time that a candidate files a final campaign report."

SECTION     2.     Section 8-13-1300(10) of the 1976 Code is amended to read:

"(10)(A)     'Election cycle' means the period of a term of office beginning on the day after the general election for the office, up to and including the following general election for the same office, including a primary, special primary, or special election; however, the contribution limits under Sections 8-13-1314 and 8-13-1316 apply only to elections occurring on or after January 1, 1992, and are for each primary, runoff, or special election in which a candidate has opposition and for each general election. If the candidate remains unopposed during an election cycle, one contribution limit shall apply.

(B)     'Election official' means a member or employee of a municipal, county, or state election commission, whether elected or appointed; a member or employee of a county voter registration board, whether elected or appointed."

SECTION     3.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment.

Rep. ELLIOTT objected to the Bill.

Rep. CROMER moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

H. 4344--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\7908AC.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/Section 20-7-1330(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a)     place the child on probation or under supervision in his the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. Any A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution, or participation in supervised work or community service, or both, as a condition of probation. The Department of Youth Services Juvenile Justice, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars. When considering the appropriate amount of monetary restitution to be ordered, the court shall establish the monetary loss suffered by the victim and then weigh and consider this amount against the number of individuals involved in causing the monetary loss, the juvenile's particular role in causing this loss, and the juvenile's ability to pay the amount over a reasonable period of time. The Department of Youth Services Juvenile Justice shall develop a system for the transferring of any a court ordered restitution from the juvenile to the victim or owner of property injured, destroyed, or stolen.;/

Amend title to conform.

Rep. THOMAS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4501--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A PAYMENT PLAN AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE PLAN.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5205HTC.96), which was adopted.

Amend the bill, as and if amended, by striking Section 12-56-20(4), as contained in Section 1, page 1, and inserting:

/(4)     'Delinquent debt' means any liquidated sum due and owing any claimant agency, including collection costs, court costs, fines, penalties, and interest which have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for that sum which is legally collectible and for which a collection effort has been or is being made. It does not include sums owed to county hospitals when the hospital and the debtor have entered into a written payment agreement and the debtor is current in meeting the obligations of the agreement./

Amend title to read:

/TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT./

Rep. FLEMING explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

The Bill, as amended, was read the second time and ordered to third reading.

S. 27--DEBATE ADJOURNED

Rep. CROMER moved to adjourn debate upon the following Bill until Thursday, February 22, which was adopted.

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

S. 560--INTERRUPTED DEBATE

The following Bill was taken up.

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

Rep. MARTIN explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill.

RECURRENCE TO THE MORNING HOUR

Rep. MARTIN moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4653 -- Rep. Seithel: A CONCURRENT RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE STATE BUDGET AND CONTROL BOARD AND THE JOINT BOND REVIEW COMMITTEE, AFTER THEIR RESPECTIVE REVIEWS OF THE PROPOSED SALE OR LEASE BETWEEN THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND COLUMBIA/HCA, SHALL FORWARD THEIR RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE SALE OR LEASE OF MUSC ASSETS TO COLUMBIA/HCA SHALL NOT OCCUR UNLESS THE GENERAL ASSEMBLY BY CONCURRENT RESOLUTION APPROVES THE SALE OR LEASE.

The Concurrent Resolution was ordered referred to the Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4654 -- Reps. Tucker and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THOMAS M. CAMAK, SR., OF ANDERSON, FORMERLY OF WARE SHOALS, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.

Without reference.

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

Without reference.

S. 560--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

The Bill was read the second time and ordered to third reading.

S. 625--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

Rep. MEACHAM objected to the Bill.

Rep. CROMER moved to adjourn debate upon the Bill until Thursday, February 22, which was adopted.

H. 4472--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22342SD.96), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Title 24 of the 1976 Code is amended by adding:

"CHAPTER 27
Inmate Litigation
Article 1
Filing Fees and Court Costs

Section 24-27-100.     Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.

The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed.

Section 24-27-110.     Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120.     Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130.     The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.

Section 24-27-140.     For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150.     If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Article 2
Loss of Earned Release Credits

Section 24-27-200.     A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in state or federal court or in an administrative proceeding:

(1)     submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2)     testifies falsely or otherwise presents false evidence or information to the court;

(3)     unreasonably expands or delays a proceeding; or

(4)     abuses the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.

Section 24-27-210.     If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200.

Section 24-27-220.     Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good-time credits shall be forfeited.

Article 3
Successive Claims

Section 24-27-300.     The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.

Article 4
Inapplicability Where Access to Courts
Constitutionally Required

Section 24-27-400.     This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.

SECTION     2.     If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     3.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON moved to table the amendment, which was agreed to.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22354SD.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Title 24 of the 1976 Code is amended by adding:

"CHAPTER 27
Inmate Litigation
Article 1
Filing Fees and Court Costs

Section 24-27-100.     Unless another provision of law permits the filing of civil actions without the payment of filing fees by indigent persons, if a prisoner brings a civil action or proceeding, the court, upon the filing of the action, shall order the prisoner to pay as a partial payment of any filing fees required by law a first-time payment of twenty percent of the preceding six month's income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income for this account. The department shall withdraw monies maintained in this account for payment of the filing fees and shall forward the monies collected at such times as the monies exceed ten dollars to the appropriate court clerk or clerks, until the filing fees are paid in full.

The prisoner must file a certified copy of his trust account with the court that reflects the prisoner's balance at the time the complaint is filed.

Section 24-27-110.     Unless another provision of law permits the filing of civil actions without the payment of court costs by indigent persons, if a prisoner brings a civil action, the prisoner is responsible for the full payment of the court costs. For this purpose, the court shall order the prisoner to pay a partial first-time payment of twenty percent of the preceding six month's average monthly income from the prisoner's trust account administered by the Department of Corrections and thereafter monthly payments of ten percent of the preceding month's income of this account. The department shall withdraw the monies maintained in the prisoner's trust account for payment of court costs and shall forward quarterly the monies collected to the appropriate court clerk or clerks until the court costs are paid in full.

Section 24-27-120.     Nothing in this chapter prevents a prisoner from authorizing payments beyond those required herein.

Section 24-27-130.     The court may dismiss any civil action without prejudice brought by a prisoner who has previously failed to pay filing fees and court costs imposed under this chapter.

Section 24-27-140.     For purposes of this chapter, a prisoner is defined as a person who has been convicted of a crime and is incarcerated for that crime or is being held in custody for trial or sentencing.

Section 24-27-150.     If a prisoner does not have a trust account, or if the prisoner's trust account does not contain sufficient funds to make the first-time payments required by this chapter, the civil action may still be filed, but the prisoner shall remain responsible for the full payment of filing fees and court costs. Payments of ten percent of the preceding month's income of the prisoner's trust account, as set forth in this chapter, shall be made from the prisoner's trust account as soon as a trust account is created for the prisoner and funds are available in the account.

Article 2
Loss of Earned Release Credits

Section 24-27-200.     A prisoner shall forfeit all or part of his earned work, education, or good-time credits in an amount to be determined by the Department of Corrections upon recommendation of the court if the court finds that the prisoner has done any of the following in a case filed by him in state court or in an administrative proceeding:

(1)     submitted a malicious or frivolous claim, or one that is intended solely to harass the party filed against;

(2)     testifies falsely or otherwise presents false evidence or information to the court;

(3)     unreasonably expands or delays a proceeding; or

(4)     abuses the discovery process.

The court may make such findings on its own motion, on motion of counsel for the defendant, or on motion of the Attorney General, who is authorized to appear in the proceeding, if he elects, in order to move for the findings in a case in which the State or any public entity or official is a defendant.

Section 24-27-210.     If the court does not make such findings in the original action brought by the prisoner, the Attorney General is authorized to initiate a separate proceeding in the court of common pleas for the court to recommend to the Department of Corrections the revocation of work, education, or good-time credits as set forth in Section 24-27-200.

Section 24-27-220.     Nothing in this chapter shall affect the discretion of the Director of the Department of Corrections in determining whether or not a prisoner's earned work, education, or good-time credits shall be forfeited.

Article 3
Successive Claims

Section 24-27-300.     The court may hold an inmate in contempt of court if it finds that the inmate has, on three or more prior occasions, while incarcerated, brought a civil action or appeal in a court of this State that was dismissed prior to a hearing on the merits on the grounds that it was frivolous, malicious, or meritless. However, if the court finds the prisoner was under imminent danger of serious bodily harm at the time of the filing of the present action, the inmate shall not be held in contempt. The court may sentence the inmate to a term of imprisonment not exceeding one year for this contempt to be served consecutive to any terms of imprisonment previously imposed.

Article 4
Inapplicability Where Access to Courts
Constitutionally Required

Section 24-27-400.     This chapter is inapplicable to any case in which the Constitution of the United States or the Constitution of South Carolina requires that an indigent person be allowed access to the courts.

SECTION     2.     If any portion of this act is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such holding shall not affect the constitutionality or validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed this act, and each section thereof, irrespective of the fact that any one or more other sections or portions thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION     3.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

Reps. KLAUBER and JENNINGS proposed the following Amendment No. 2, which was adopted.

Insert in Article 2, Section 24-27-200:

... State or Federal Court or in an administrative proceeding:

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4600--POINT OF ORDER

The following Bill was taken up.

H. 4600
GENERAL APPROPRIATION BILL
POINT OF ORDER

Rep. H. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for three legislative days.

The SPEAKER sustained the Point of Order.

H. 4402--RECONSIDERED AND OBJECTIONS

The motion of Rep. MOODY-LAWRENCE to reconsider the vote whereby the following Joint Resolution was continued was taken up.

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

Rep. SIMRILL moved to table the motion to reconsider.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:

Yeas 28; Nays 74

Those who voted in the affirmative are:

Cain                   Cato                   Cooper
Dantzler               Easterday              Harrell
Haskins                Herdklotz              Jaskwhich
Kirsh                  Koon                   Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  Meacham                Rice
Riser                  Robinson               Sandifer
Simrill                Tripp                  Trotter
Vaughn                 Walker                 Wofford
Young-Brickell

Total--28

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cotty                  Cromer
Davenport              Delleney               Fulmer
Gamble                 Govan                  Hallman
Harris, J.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Klauber                Knotts
Lanford                Lee                    Lloyd
Martin                 McAbee                 McCraw
McElveen               McKay                  McMahand
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Richardson             Rogers                 Scott
Seithel                Sheheen                Shissias
Smith, R.              Spearman               Stoddard
Stuart                 Thomas                 Tucker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams               Worley
Wright                 Young

Total--74

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 82; Nays 24

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cain                   Cave                   Chamblee
Clyburn                Cobb-Hunter            Cromer
Davenport              Delleney               Felder
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kinon
Klauber                Koon                   Lanford
Lee                    Limbaugh               Lloyd
Martin                 McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Scott                  Seithel
Sharpe                 Sheheen                Shissias
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Thomas
Tucker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wright
Young

Total--82

Those who voted in the negative are:

Cato                   Cooper                 Cotty
Easterday              Haskins                Herdklotz
Jaskwhich              Kirsh                  Knotts
Littlejohn             Loftis                 Marchbanks
Mason                  Meacham                Rice
Robinson               Sandifer               Simrill
Tripp                  Trotter                Vaughn
Walker                 Wofford                Young-Brickell

Total--24

So, the motion to reconsider was agreed to.

Rep. MARCHBANKS spoke against the Joint Resolution.

Rep. KNOTTS moved to recommit the Joint Resolution to the Committee on Ways and Means.

Rep. COBB-HUNTER moved to table the motion, which was agreed to by a division vote of 58 to 43.

Rep. KEEGAN spoke in favor of the Joint Resolution.

Reps. MEACHAM, SIMRILL, TRIPP, HERDKLOTZ, MARCHBANKS, TROTTER, LOFTIS, S. WHIPPER and SANDIFER objected to the Joint Resolution.

S. 804--RECALLED FROM THE DORCHESTER DELEGATION

On motion of Rep. BAILEY, with unanimous consent, the following Bill was ordered recalled from the Dorchester Delegation.

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 1014--RECALLED FROM THE
COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

H. 3204--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3954--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

Rep. HARRISON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

MOTION PERIOD--INTERRUPTED DEBATE
H. 4647--RECALLED

Rep. HASKINS moved to recall H. 4647 from the Committee on Labor, Commerce and Industry.

Rep. DAVENPORT moved to table the motion, which was not agreed to by a division vote of 5 to 14.

As a first substitute Rep. RICHARDSON moved to recall H. 3996 from the Labor, Commerce and Industry Committee.

As a second substitute Rep. VAUGHN moved to recall H. 4647 from the Labor, Commerce and Industry Committee.

Rep. WALKER moved that the House do now adjourn.

Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:

Yeas 8; Nays 93

Those who voted in the affirmative are:

Cave                   Cobb-Hunter            Davenport
Harvin                 Howard                 Littlejohn
Whipper, S.            White

Total--8

Those who voted in the negative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Brown, G.
Brown, H.              Brown, T.              Cain
Cato                   Chamblee               Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Felder
Fleming                Fulmer                 Gamble
Govan                  Hallman                Harrell
Harris, J.             Haskins                Herdklotz
Hines, M.              Hodges                 Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Limehouse              Lloyd                  Loftis
Marchbanks             Mason                  McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stoddard               Stuart
Thomas                 Tripp                  Trotter
Tucker                 Vaughn                 Walker
Wells                  Whatley                Wilder
Wilkes                 Wilkins                Williams
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

Total--93

So, the House refused to adjourn.

The question then recurred to the motion to recall H. 4647 from the Labor, Commerce and Industry Committee, which was agreed to.

Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M.

Rep. HOWARD demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 46

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Baxley                 Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Herdklotz              Hutson                 Jennings
Keegan                 Kelley                 Klauber
Knotts                 Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Martin
Mason                  Meacham                Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stuart                 Thomas
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whipper, S.
Wilder                 Wilkins                Williams
Witherspoon            Wofford                Wright
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cromer
Davenport              Govan                  Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Keyserling             Kinon                  Kirsh
Koon                   Lee                    Lloyd
McAbee                 McCraw                 McElveen
McKay                  McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Rogers
Scott                  Seithel                Sheheen
Shissias               Stoddard               Tucker
Whatley                Whipper, L.            White
Wilkes

Total--46

So, the motion to recede was agreed to.

Further proceedings were interrupted by the House receding, the pending question being the Motion Period.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

MOTION PERIOD

Debate was resumed in the Motion Period.

Rep. HASKINS moved to dispense with the balance of the Motion Period, which was agreed to.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a leave of absence for the remainder of the day due to the funeral of a family member.

H. 4492--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

Reps. HARRISON, WILKINS and D. SMITH proposed the following Amendment No. 6 (Doc Name P:\amend\GJK\22373HTC.96), which was adopted.

Amend the bill, as and if amended, by inserting three sections appropriately numbered to read:

/SECTION     ____.     Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:

"Section 4-9-142.     (A)     The governing body of a county may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly by general law. The governing body of a county may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:

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

(2)     to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment; or

(3)     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.

(B)     Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.

(C)     The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the county except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.

(D)(1)     Notwithstanding any other provision of law, the governing body of a county may by ordinance impose a uniform service charge on accommodations provided transients and on food and beverages served in establishments licensed for on-premises consumption of alcoholic beverages, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, when a charge is imposed on food and beverages, the maximum rate of the accommodations charge is two percent. The charges authorized by this subsection may be imposed within an incorporated area of the county only with the approval of a two-thirds majority of the governing body of the affected municipality and these charges cannot be imposed in a municipality which has imposed either or both of these charges within its jurisdiction. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The referendum must be held only in that portion of the county where the charges are to be imposed or rates of such charges raised. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.

(2)     The revenues of the charges authorized by this subsection may be used only for:

(a)     the development, design, and construction of facilities for civic and meeting activities including required sewer, water, roads, and infrastructure;

(b)     the control of waterfront erosion; and

(c)     construction and maintenance of major tourist access highways in those counties which have a high concentration of tourism and travel activity. 'High concentration of tourism and travel activity' is defined as those counties generating three million or more dollars in state accommodations tax in the 1994-95 fiscal year. This base rate must be adjusted upward annually by the consumer price index for the southeastern United States.

(3)     Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the county enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.

(E)     For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the budget year property tax assessment base by the current year's property tax revenues."

SECTION     ____.     Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:

"Section 5-21-70.     (A)     The governing body of a municipality may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly by general law. The governing body of a municipality may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:

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

(2)     to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or

(3)     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.

(B)     Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.

(C)     The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the municipality except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.

(D)(1)     Notwithstanding any other provision of law, the governing body of a municipality by ordinance may impose a uniform service charge on accommodations provided transients within the municipality and on food and beverages served in establishments located in the municipality licensed for on-premises consumption of alcoholic beverages, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, when a charge is imposed on food and beverages, the maximum rate of the accommodations charge is two percent. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the municipality voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.

(2)     The revenues of the charges authorized by this subsection may be used only for:

(a)     the development, design, and construction of facilities for civic and meeting activities including required sewer, water, roads, and infrastructure directly impacting the facilities begun after December 31, 1995;

(b)     the control of waterfront erosion; and

(c)     construction and maintenance of major tourist access highways in those counties which have a high concentration of tourism and travel activity. For purposes of this subitem, 'high concentration of tourism and travel activity' is defined as those counties generating three million or more dollars in state accommodations tax in the 1994-95 fiscal year. This base rate must be adjusted upward annually by the consumer price index for the southeastern United States.

(3)     Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the municipality enacted before 1966 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.

(E)     For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessed values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the budget year property tax assessment base by the current year's property tax revenues."

SECTION     _____.     If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. D. SMITH spoke in favor of the amendment.

Rep. HARRISON spoke in favor of the amendment.

Rep. HODGES spoke against the amendment.

The amendment was then adopted.

Reps. D. SMITH, HARRISON and WILKINS proposed the following Amendment No. 7 (Doc Name P:\amend\GJK\22378AC.96), which was adopted.

Amend the bill, as and if amended, by striking Section 6-1-85, as contained in SECTION 1, and by striking SECTION 2, and adding appropriately numbered sections to read:

/SECTION     ____.     That portion of Section 4-9-30(5)(a) of the 1976 Code before subitem (i) is amended to read:

"(a)     to assess property and levy ad valorem property taxes and uniform service charges, including the power to tax different areas at different rates related to the nature and level of governmental services provided and make appropriations for functions and operations of the county, including, but not limited to, appropriations for general public works, including roads, drainage, street lighting, and other public works; water treatment and distribution; sewage collection and treatment; courts and criminal justice administration; correctional institutions; public health; social services; transportation; planning; economic development; recreation; public safety, including police and fire protection, disaster preparedness, regulatory code enforcement; hospital and medical care; sanitation, including solid waste collection and disposal; elections; libraries; and to provide for the regulation and enforcement of the above them. However, prior to before the creation of a special tax district for the purposes enumerated in this item, one of the following procedures is required:"

SECTION     ____.     Section 4-9-30 of the 1976 Code, as last amended by Act 405 of 1994, is further amended by adding after item (5) and before item (6):

"(5.1)     to levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to the requirements of this item."

SECTION     ____.     Section 5-7-30 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:

"Section 5-7-30.     Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such the contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall does not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he the wholesaler maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor or a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both.

For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, a municipality may levy a surtax upon the business license of a person doing business in a designated area in an amount not to exceed fifty percent of the current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. The area must be designated by council only after a petition is submitted by not less than two-thirds of the persons paying a business license tax in the area and who paid not less than one-half of the total business license tax collected for the preceding calendar year requesting the designation of the area. The business within the designated area which is providing twenty-five or more parking spaces for customer use is required to pay not more than twenty-five percent of a surtax levied pursuant to the provisions of this paragraph.

The municipality may levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to these requirements."

SECTION     ____.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.

Reps. KELLEY, HALLMAN, FULMER, WILKES, KEEGAN, THOMAS, H. BROWN, MARTIN and McABEE proposed the following Amendment No. 9 (Doc Name P:\amend\PFM\7993HTC.96), which was adopted.

Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, page 4, beginning on line 11, by striking /of alcoholic beverages, beer, or wine/;

Amend further, page 12, beginning on line 7, by striking /of alcoholic beverages, beer, or wine/.

Amend title to conform.

Rep. FULMER explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 10 (Doc Name P:\amend\PFM\7994AC.96), which was adopted.

Amend the amendment as proposed by Representative Harrison, et al, as and if amended, dated February 21, 1996, DOC No. P:\AMEND\GJK\22373HTC.96, page 3, Section 4-9-142(B), by adding at the end:

/This subsection does not apply to the vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous./

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. STILLE and KIRSH proposed the following Amendment No. 11, which was ruled out of order.

Amend by adding appropriately numbered section which reads:

Notwithstanding any other provision of law, the imposition of a new tax or the increase of an existing tax by the General Assembly requires the vote of two-thirds of the membership of each House of the General Assembly.

Rep. STILLE explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 11 was out of order as it was not germane in that the Bill dealt with local government.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. HARRISON proposed the following Amendment No. 12, which was adopted.

Amend the amendment proposed by Harrison, Doc. No. 22373HTC.96 on page 13 by striking the last three lines of 2(A); "directly impacting the facilities begun after December 31, 1995."

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5183HTC.96), which was tabled.

Amend the bill, as and if amended, by striking Section 6-1-85, as contained in Section 1, page 1, and inserting:

/Section 6-1-85.     Municipalities, counties, or special purpose or public service districts may not impose any taxes, charges, or fees on individuals, corporations, or other business entities except those fees, charges, or taxes enacted before December 31, 1995, or those fees, charges, or taxes expressly authorized by the General Assembly./

Amend title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

Rep. HUTSON proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5199HTC.96), which was tabled.

Amend the bill, as and if amended, in Section 6-1-85, as contained in Section 1, page 1, by inserting before the quotation marks on line 30:

/However, the provisions of this section do not apply when a user fee is imposed to defray the costs of a service currently provided by the jurisdiction and the jurisdiction's property tax millage is reduced to reflect at least the amount of property tax revenues expended by the jurisdiction in providing the service in the most recently completed fiscal year./

Amend title to conform.

Rep. HUTSON explained the amendment and moved to table the amendment, which was agreed to.

Reps. FELDER, D. SMITH, HARRISON, FULMER and CAIN proposed the following Amendment No. 5 (Doc Name P:\amend\PT\2268HTC.96), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     .     A.     Chapter 1, Title 6 of the 1976 Code is amended by adding:

"Section 6-1-85.     Municipalities, counties, school districts, or special purpose districts may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."

B.     Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this act, the governing body of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:

(1)     the end of the entity's current fiscal year as of the effective date of this section; or

(2)     January 1, 1997.

C.     This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. FELDER explained the amendment.

The amendment was then adopted.

Rep. HARRISON proposed the following Amendment No. 13 (Doc Name P:\amend\PFM\7992HTC.96), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     Section 4-29-67 of the 1976 Code, as last amended by Act 32 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:

"( )     The provisions of Sections 4-9-142 and 5-21-70 do not apply with respect to calculating the fee in lieu of taxes allowed pursuant to this section and Chapter 12 of this title."/

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HUTSON proposed the following Amendment No. 14 (Doc Name P:\amend\JIC\5199HTC.96), which was tabled.

Add a new section:

/The provisions of this bill do not apply when a uniform service charge is imposed to defray the costs of a service currently provided by the jurisdiction and the jurisdiction's property tax millage is reduced to reflect at least the amount of property tax revenues expended by the jurisdiction in providing the service in the most recently completed fiscal year./

Amend title to conform.

Rep. HUTSON explained the amendment.

Rep. D. SMITH moved to table the amendment.

Rep. HUTSON demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 42 to 6.

PARLIAMENTARY INQUIRY

Rep. HODGES inquired about the Bill requiring a two-thirds vote in accordance with Sec. 4-9-55.

The SPEAKER stated that the statute required that the General Assembly may not enact, amend or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate, unless it is set by two-thirds of the members voting in each House.

Rep. ROGERS proposed the following Amendment No. 15 (Doc Name P:\amend\PFM\7995AC.96), which was adopted.

Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, as and if amended, by deleting Section 4-9-142(B) and inserting:

/(B)     Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held only in that portion of the county where the rates of such charges are to be raised./

Amend title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. CAVE proposed the following Amendment No. 16 (Doc Name P:\amend\PFM\7995AC.96), which was tabled.

Amend the amendment proposed by Representative Harrison, et al, dated February 21, 1996, Document Name P:\AMEND\GJK\22373HTC.96, as and if amended, by deleting Section 4-9-142(B) and inserting:

/(B)     Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. The referendum must be held only in that portion of the county where the rates of such charges are to be raised. The State must pay the costs of holding this referendum./

Amend title to conform.

Rep. CAVE explained the amendment.

Rep. HARRISON moved to table the amendment.

Rep. CAVE demanded the yeas and nays, which were taken resulting as follows:

Yeas 65; Nays 43

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Hutson                 Keegan                 Kelley
Keyserling             Kirsh                  Klauber
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Seithel                Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Anderson               Askins                 Baxley
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Govan
Harris, J.             Harvin                 Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jaskwhich
Jennings               Lee                    Lloyd
Martin                 McMahand               McTeer
Moody-Lawrence         Neilson                Phillips
Rhoad                  Scott                  Sheheen
Shissias               Stoddard               Whipper, L.
Whipper, S.            White                  Wilder
Wilkes

Total--43

So, the amendment was tabled.

Rep. STILLE proposed the following Amendment No. 17, which was ruled out of order.

Add appropriate section:

Notwithstanding any other provision of law, the State must reimburse counties and municipalities for all previous unfunded mandates.

Rep. STILLE explained the amendment.

POINT OF ORDER

Rep. HARRISON raised the Point of Order that Amendment No. 17 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Reps. G. BROWN, McELVEEN and SCOTT spoke against the Bill.

Rep. HODGES moved to continue the Bill.

Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:

Yeas 45; Nays 69

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Govan                  Harris, J.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keyserling             Kinon                  Lee
Lloyd                  Martin                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neilson                Phillips
Rhoad                  Rogers                 Scott
Sheheen                Stoddard               Tucker
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--45

Those who voted in the negative are:

Allison                Brown, H.              Brown, J.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Herdklotz              Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McAbee                 Meacham
Quinn                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Thomas
Townsend               Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

Total--69

So, the House refused to continue the Bill.

Rep. D. SMITH moved immediate cloture on the entire matter and demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 45

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Brown, H.              Brown, J.              Cain
Cato                   Chamblee               Cotty
Dantzler               Davenport              Delleney
Easterday              Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Hutson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  Meacham
Neilson                Quinn                  Rice
Riser                  Robinson               Sandifer
Seithel                Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--64

Those who voted in the negative are:

Anderson               Baxley                 Breeland
Brown, G.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Cooper                 Cromer
Felder                 Govan                  Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Keyserling             Lee
Lloyd                  Martin                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Phillips               Rhoad
Richardson             Rogers                 Scott
Sheheen                Shissias               Stoddard
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--45

So, immediate cloture was ordered.

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 65; Nays 47

Those who voted in the affirmative are:

Allison                Brown, H.              Brown, J.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Hutson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McAbee
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Seithel                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Breeland               Brown, G.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Govan                  Harris, J.             Harvin
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Keyserling             Kinon
Lee                    Lloyd                  Martin
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neilson
Phillips               Rhoad                  Richardson
Rogers                 Scott                  Sheheen
Stoddard               Tucker                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams

Total--47

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING
NOTICE OF LEAVE

Due to a funeral being held at 3:00 P.M. today of a family member, I am unable to participate in the debate of H. 4492 which caps local government taxing authority. Had I been present I would have voted for the caps. Left for 3:00 P.M. funeral at 2:55 P.M.

Rep. J.M. KNOTTS, JR.

Rep. RICHARDSON moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4640 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SPRING VALLEY HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.

H. 4641 -- Rep. Cotty: A CONCURRENT RESOLUTION CONGRATULATING SUMMIT PARKWAY MIDDLE SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT TWO FOR BEING SELECTED A "BLUE RIBBON SCHOOL" BY THE UNITED STATES DEPARTMENT OF EDUCATION.

H. 4643 -- Reps. Harvin, T. Brown, Breeland, Cave, Neal, White, Byrd, McMahand, J. Brown, M. Hines, Anderson, Lloyd, Williams, Kinon, Lee, Cato, L. Whipper, Moody-Lawrence and Cobb-Hunter: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. SUSIE MAE WHACK KENNEDY, THE MOTHER OF OUR DEAR FRIEND AND ESTEEMED COLLEAGUE, THE HONORABLE KENNETH KENNEDY OF WILLIAMSBURG COUNTY, AND EXTENDING DEEPEST SYMPATHY TO MRS. KENNEDY'S ENTIRE FAMILY AND HER MANY FRIENDS.

H. 4644 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JULIAN L. HARBIN OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4645 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES BRYANT FLOYD OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 5:20 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of Lila Mae Brock of Greenville, to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 1:37 P.M.