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Printed Page 5002, June 13
| Printed Page 5020, June 13
| The question of a quorum was raised. A quorum was later present.
The SPEAKER Pro Tempore granted Rep. M. HINES a leave of absence for the remainder of the day.
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 944, R. 448, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
This veto is based upon my belief that R. 448, S. 944 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am returning S. 944, R. 448, without my approval.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to
the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Brown, T.
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. R. SMITH moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 5105 -- Reps. T. Brown, Keegan, Kelley, Witherspoon, Worley, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF
Whereas, The Honorable L. Morgan Martin of Horry County has represented the citizens of House District 58 in the General Assembly for the past six years and has chosen not to seek reelection to the House of Representatives in 1996; and
Whereas, L. Morgan Martin was born January 28, 1953, and is the son of Lonnie H. and Edna J. Martin; and
Whereas, Representative Martin is a graduate of Francis Marion College earning a B.S. Degree in 1975 and attended the University of South Carolina Law School where he graduated with a J.D. degree in 1978; and
Whereas, he resides in Conway with his wife, the former Sonya Joy Hardee, and they have three lovely children, Mary Ashley, Morgan O'Bryan, and Hayley Elizabeth; and
Whereas, Representative Martin received the Outstanding Political Science Student Award in 1974; served as the Chairman of the Horry County Democratic Party from 1984 to 1986 and on the Advisory Board of First Citizens Bank; member of Wildlife Action and Aynor Area Chamber of Commerce; and is currently a member of the First United Methodist Church of Conway; and
Whereas, Morgan was Assistant Solicitor of the Fifteenth Judicial Circuit from 1980 to 1984; and
Whereas, by serving in the House of Representatives, Morgan is known for his knowledge and understanding of the House Rules, always being guided by the utmost consideration for his fellow colleagues, and the desire to do the right thing; and
Whereas, Representative Martin has established a truly outstanding record for himself, his family, and his constituents; and
Whereas, it is appropriate, by this resolution, to recognize the contributions that Morgan Martin has made to the House of Representatives, to his community, and to the Palmetto State. 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 commend The Honorable L. Morgan Martin of Horry County, our distinguished colleague and friend, for his six years of outstanding legislative service to the people of South Carolina.
Be it further resolved that a copy of this resolution be presented to The Honorable L. Morgan
Martin.
The following was introduced:
H. 5106 -- Reps. Harvin, Kelley and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND CONGRATULATING THE TEAM MEMBERS FROM SOUTH CAROLINA WHO HAVE BEEN SELECTED BY INTERNATIONAL SOCCER USA TO PLAY IN THE GOTHIA CUP IN GOTHENBURG, SWEDEN AND THE GOLD COAST CLASSIC IN TORBAY, ENGLAND.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT
THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS
AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO
AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN
CONNECTION THEREWITH.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR
EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA
DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN
1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE
THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4518:
H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain,
Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT
TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING
TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE
PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT
OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND
TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The question of a quorum was raised. A quorum was later present.
Rep. FULMER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Beck Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell
Cato Cave Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Haskins Hines, J. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. FULMER, HARVIN
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse,
Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850,
12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT
THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND
APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF
MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE
DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE
DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT
IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE
MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE,
AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR
VEHICLES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 37, Title 12 of the 1976 Code is amended by adding:
Section 12-37-2810. As used in this article, unless the context requires otherwise:
(A) `Motor carrier' means a person who owns, controls, operates, manages, or leases a motor vehicle for the transportation of property in intrastate or interstate commerce. Motor carriers are further defined as
(B) `Motor vehicle' means a motor propelled vehicle used for the transportation of property on a public highway with a gross vehicle weight of greater than twenty-six thousand pounds.
(C) `Highway' means all public roads, highways, streets, and ways in this State, whether within a municipality or outside of a municipality.
(D) `Person' means any individual, corporation, firm, partnership, company or association, and includes a guardian, trustee, executor, administrator, receiver, conservator, or a person acting in a fiduciary capacity.
(E) `Semitrailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that a part of its weight and of its load rests upon or is carried by another vehicle.
(F) `Trailers' means every vehicle with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle.
Section 12-37-2820. The Department of Public Safety annually shall assess, equalize, and apportion the valuation of all motor vehicles of motor carriers. The valuation must be based on fair market value for the motor vehicles and an assessment ratio of nine and one-half percent as provided by Section 12-43-220(g). Fair market value is determined by depreciating the gross capitalized cost of each motor vehicle by an annual percentage depreciation allowance down to ten percent of the cost as follows:
(1) Year One-.90
(2) Year Two-.80
(3) Year Three-.65
(4) Year Four-.50
(5) Year Five-.35
(6) Year Six-.25
(7) Year Seven-.20
(8) Year Eight-.15
(9) Year Nine-.10
Section 12-37-2830. The value of motor carrier's vehicles subject to property taxes in this State must be determined by the Department of Public Safety based on the ratio of total mileage operated within this State during the preceding calendar year to the total mileage of its entire fleet
Section 12-37-2840. Motor carriers must file an annual property tax return with the Department of Public Safety no later than the thirtieth day of June for the preceding calendar year with one-half or the entire tax due.
Section 12-37-2850. The Department of Public Safety shall assess annually the taxes due based on the value determined in Section 12-28-2820 and an average millage for all purposes statewide for the current year. The average millage may be increased to cover any loss of revenue from not licensing trailers incurred by the Department of Public Safety. The taxes assessed must be paid to the Department of Public Safety no later than December thirty-first of each year and may be made in two equal installments. Distribution of the taxes must be made by the Treasurer's Office based on the distribution formula contained in Section 12-37-2870.
Section 12-37-2860. In lieu of the property taxes and registration requirements after the initial registration on semitrailers and trailers, a one-time fee of eighty-seven dollars is due on all semitrailers and trailers currently registered and subsequently on each semitrailer and trailer before being placed in service. Twelve dollars of the one-time fee must be distributed to the Department of Public Safety. The remaining seventy-five dollars of the fee must be distributed based on the distribution formula contained in Section 12-37-2870.
Section 12-37-2870. The distribution for each county must be determined on the ratio of total federal and
state highway miles within each county during the preceding calendar year to the total federal and state
highway miles within all counties of this State during the same preceding calendar year. The county must
distribute the revenue from the payment-in-lieu of taxes received pursuant to this section to every
governmental entity levying a property tax in the manner set forth below. For each governmental entity
levying a property tax, the entire assessed value of the taxable property within its boundaries and the
county area must be multiplied by the millage rate imposed by the governmental entity. That figure
constitutes the numerator for that governmental entity. The total of the numerators for all property tax
levying entities within the county area constitutes the denominator. The numerator for each governmental
entity must be divided by the denominator. The resulting percentage must be multiplied by the
payment-in-lieu of tax revenue received pursuant to this section and that amount distributed to the general
fund of the appropriate governmental entity.
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