Printed Page 2190, May 1
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Printed Page 2190, May 1
| Printed Page 2210, May 1
| F. This section takes effect upon approval by the Governor./
Amend sections, totals and title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator RYBERG proposed the following Amendment No. 151 (4600R406.WGR), which was adopted:
Amend the bill, as and if amended, Part II, by adding a new section to read:
TO AMEND SUBARTICLE 9, ARTICLE 9, CHAPTER 60, TITLE 12, RELATING TO APPEALS, PROTESTS, AND REFUNDS FOR PROPERTY VALUED BY COUNTY ASSESSORS, BY ADDING SECTION 12-60-2555, SO AS TO IMPOSE A SURCHARGE OF FIVE DOLLARS ON EACH TAXPAYER RECEIVING AN ADJUSTMENT SECTION 12-60-2550; AND TO AMEND SECTION 12-60-2550 OF THE 1976 CODE, RELATING TO PAYMENT OF PROPERTY TAX UNDER APPEAL AND REFUNDS AND PAYMENTS AFTER FINAL DETERMINATION, SO AS TO PROVIDE THAT A TAXPAYER MAY PAY TAX ON REAL PROPERTY, THE VALUE OF WHICH IS UNDER APPEAL, BASED ON EIGHTY PERCENT OF THE REASSESSED VALUE OR ONE HUNDRED PERCENT OF THE VALUE APPLICABLE FOR THE PRIOR PROPERTY TAX YEAR, WHICHEVER RESULTS IN A LOWER TAX LIABILITY ON THE PROPERTY.
A. Subarticle 9, Article 9, Chapter 60, Title 12 of the 1976 Code is amended by adding:
"Section 12-60-2555. There is hereby imposed upon all taxpayers receiving an adjustment under Section 12-60-2550 a surcharge of five dollars for each adjustment made. The person responsible for receiving
B. Section 12-60-2550(A) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(A) If it is reasonably expected that the written protest or appeal will not be resolved by December thirty-first of the tax year, the county assessor shall notify the auditor to adjust the property tax assessment of the property under protest to eighty percent of the protested property tax assessment or one hundred percent of the property tax assessment applicable for the prior property tax year, whichever results in a lower property tax liability for the current tax year, or any greater valuation greater than eighty percent agreed to in writing by the taxpayer, and enter the adjusted property tax assessment on the tax duplicate. The tax must be paid as in other cases."
C. Upon approval of the Governor, this act is effective for property tax years beginning after 1995./
Renumber sections to conform.
Amend sections, totals and title to conform.
Senator RYBERG explained the amendment.
Senator RYBERG moved that the amendment be adopted.
The amendment was adopted.
Senators WILSON, PEELER, O'DELL and THOMAS proposed the following Amendment No. 154 (JIC\5974CM.96), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 56-5-1520, AS AMENDED, OF THE 1976 CODE, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR AND TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ERECT THE APPROPRIATE SIGNS WHENEVER A SPEED LIMIT IS CHANGED; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
"Section 56-5-1520. (a) General rule. No(A) A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.
(b) Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:
(1) thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;
(2) sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and
(3) fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.
(C) Thirty miles an hour is the maximum speed in an urban district and unpaved roads be limited to the speed of forty-five miles per hour. `Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.
(D) The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.
(c) When lower speeds required; penalties; citation for violating speed limits.
(E) The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(1) in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;
(2) in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;
(3) in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and
(4) in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(e)(G) Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.
(f)(H) In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen.
(I) The Department of Transportation shall erect the appropriate signs whenever a speed limit is changed."
B. Section 56-5-1535 of the 1976 Code, as added by Act 409 of 1994, is amended to read:
"Section 56-5-1535. (A) It is unlawful for a person to drive a motor vehicle in a highway work zone at a speed in excess of the speed limit set and posted by signs. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than seventy-five nor more than two hundred dollars or imprisoned not more than thirty days, or both.
(B) A `highway work zone' is the area between the first sign that informs motorists of the existence of the work zone on the highway and the last sign that informs motorists of the end of the work zone.
(C) The penalty imposed by this section applies only:
(1) if a sign is posted at the beginning of the active work zone that states "HIGHWAY `WORK ZONE - NO SPEEDING - TWO HUNDRED DOLLAR $200 FINE AND THIRTY 30 DAYS IMPRISONMENT FOR SPEEDING'";
(2) to the area between the posted sign and the `END CONSTRUCTION' sign. Signs may be posted at the discretion of the
(D) The penalty imposed pursuant to subsection (C) is in addition to all other penalties prescribed for exceeding the lawful speed limit."
C. Section 56-5-1540(a)(2) of the 1976 Code is amended to read:
"(2) increases the limit within an urban district but not to more than fifty-five seventy miles an hour, except that speed limits above fifty-five miles an hour are required when stipulated by Section 56-5-1510; or"
D. The 1976 Code is amended by adding:
"Section 56-5-616. The interstate highway system consists of the segments of highways in South Carolina in the officially designated national system of interstate and defense highways."
E. The 1976 Code is amended by adding:
"Section 56-5-617. The state highway primary system consists of a connected system of principal state highways, not to exceed ten thousand miles, connecting centers of population, determined by the Commission of the Department of Transportation."
F. The 1976 Code is amended by adding:
"Section 57-3-175. Notwithstanding any other provision of law, a person moving or hauling a mobile home on the state's interstate highways shall travel at a maximum speed of not more than ten miles an hour below the posted speed limit."
G. Section 56-5-1510 of the 1976 Code is repealed.
H. This section takes effect July 1, 1996./
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
Senator BRYAN raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator WILSON spoke on the Point of Order.
Senator BRYAN spoke on the Point of Order.
Senator LAND spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
Senator ROSE proposed the following Amendment No. 156 (4600R227.MTR), which was ruled out of order:
Amend the bill, as and if amended, Part II, by adding an appropriately numbered new SECTION at the end to read:
TO AMEND PART II OF ACT NO. 164 OF 1993, SECTION 82B, RELATING TO TERMS OF MEMBERS OF THE COUNCIL ON VOCATIONAL AND TECHNICAL EDUCATION, SO AS TO DELETE PROVISIONS PROHIBITING MEMBERS OF THE COUNCIL WHOSE TERMS EXPIRE ON JULY 1, 1993, FROM BEING REAPPOINTED BY THE GOVERNOR.
Part II of Act No. 164 of 1993 is amended to read:
"B. The terms of all members of the State Council on Vocational and Technical Education, as of June 30, 1993, expire on July 1, 1993. The Governor shall appoint new members to the State Council on Vocational and Technical Education on July 2, 1993; however, no member of the State Council on Vocational and Technical Education whose term expires on July 1, 1993, pursuant to this section, may be appointed by the Governor to the Council."/.
Amend sections, totals and title to conform.
Senator ROSE explained the amendment.
Senator LAND raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.
Senator ROSE spoke on the Point of Order.
Senator McCONNELL spoke on the Point of Order.
The PRESIDENT sustained the Point of Order.
The amendment was ruled out of order.
At 4:10 P.M., Senator MARTIN assumed the Chair.
Senator LEATHERMAN proposed the following Amendment No. 1A (4600R230.HKL), which was adopted:
Amend the bill, as and if amended, Part II, Permanent Provisions, page 590, by striking SECTION 19.
Amend totals and title to conform.
Senator LEATHERMAN explained the amendment.
The amendment was adopted.
Senator SETZLER proposed the following Amendment No. 136 (4600R218.NKS), which was adopted:
Amend the bill, as and if amended, Part II, Section 20, page(s) 591, by striking line(s) 19 and inserting the following:
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 26, by inserting before
/full-time/ the following:
/first degree/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 27, by striking /diploma/ and inserting in lieu thereof the following:
/or diploma of at least one year in length/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 36, by inserting after
/shall/ the following:
/be responsible for making guidelines available for FY 96-97 and shall/.
Amend the bill further, as and if amended, Part II, Section 20, page 591, line 37, by inserting after /Act/ and before /./ the following:
/for years after 1996-97/.
Amend the bill further, as and if amended, Part II, Section 20, page 592, line 33, by inserting after
/full-time/ the following:
/(FTE)/.
Amend sections, totals and title to conform.
Senator SETZLER explained the amendment.
Senator SETZLER moved that the amendment be adopted.
The amendment was adopted.
Senator WILSON proposed the following Amendment No. 118 (JIC\5932HTC.96), which was tabled:
Amend the bill, as and if amended, Part II, Section 33B, page 613, in Section 12-37-251(A), line 21, by striking /thousand/ and inserting /twenty-five thousand/.
Amend sections, totals and title to conform.
Senator WILSON explained the amendment.
Senator ELLIOTT moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Bryan Cork Courtney Drummond Elliott Ford Glover Holland Jackson Land Lander Leventis Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Rankin Reese Saleeby Short Smith, G. Smith, J.V. Waldrep Washington
Boan Courson Fair Giese Gregory Hayes Mescher Peeler Richter Rose Russell Ryberg Setzler Thomas Wilson
The amendment was laid on the table.
We voted to table Amendment No. 118 because we have already voted in H. 3901 to completely do away with the residential property tax. This amendment leaves the same tax relief formula in place and it means more money for Lexington County while leaving Charleston as simply a greater donor county. This is no tax relief for our constituents.
At 4:45 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 5:15 P.M.
At 5:16 P.M., the Senate resumed.
Senator HAYES proposed the following Amendment No. 127 (PFM\9345AC.96), which was adopted:
Amend the bill, as and if amended, Part II, Section 35, by inserting appropriately lettered subsections to read:
/__. Title 2, as amended, of the 1976 Code is further amended by adding:
Section 2-66-10. (A) There is created the South Carolina Folk Heritage Award which may be presented to no more than four recipients each year by the General Assembly. At the discretion of the awards advisory committee, an additional South Carolina Folk Heritage Award may be presented to no more than one folk arts advocate each year by the General Assembly.
(B) The purpose of the award is to recognize lifetime achievement in this State for traditional folk art. The award recognizes individuals or groups who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years. Winners of the award represent those who have demonstrated excellence in folk art, and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents.
(C) Criteria for the award are as follows:
(1) emphasis on authenticity of tradition, giving the highest priority to those crafts with a long history of practice in this State;
(2) the significance of the individual folk artist or folk art group in maintaining or stimulating the craft to higher levels of artistic achievement; or, the significance of the folk arts advocate in supporting
(3) the award must be given to folk artists living and practicing in this State.
(D) There is established an awards advisory committee to the South Carolina Arts Commission whose purpose is to choose award recipients. This advisory committee must be composed of six members who shall serve two-year terms. The members of the advisory committee shall receive no mileage, per diem, or subsistence unless provided for by private funds. The advisory committee is comprised of:
(1) one member of the South Carolina Arts Commission, or a designee;
(2) the Folk Arts Coordinator at McKissick Museum;
(3) two citizens, one of whom represents the Afro-American community, to be appointed by the Speaker of the House of Representatives;
(4) two citizens, one of whom represents the American Indian community, to be appointed by the President of the Senate.
(E) No state funds may be used for this award. Private funds must be raised to cover any expenses incurred or associated with presenting the award and these funds must be remitted to and managed and disbursed by the South Carolina Arts Commission.
__. Members of the awards advisory committee for choosing the South Carolina Heritage Award recipients, except for the member of the Joint Legislative Committee on Cultural Affairs, serving immediately before this section's effective date pursuant to Section 2-68-10 of the 1976 Code, shall serve until their terms under Section 2-68-10 expire and shall complete their service pursuant to Chapter 66, Title 2 of the 1976 Code as added by this section."/
Amend sections, totals and title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator DRUMMOND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 141 (JIC\5972CM.96), which was adopted:
Amend the bill, as and if amended, Part II, SECTION 56, page 631, line 8, as contained in Section 12-31-2870, by adding after the period:
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| Printed Page 2210, May 1
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