Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of goodness and glory, we are grateful for April's beauty, for the loveliness of nature all around, and for the light of Your Word for our daily paths. May we go forward with courage, honoring in the present all that is precious from the past, and keeping bright the promises of the future. Forgive us for our littleness of trust in You that keep us from our best. Put a seal upon our lips that no bitter word be spoken to wound. Keep us from unfair judgements and careless criticism.
So make us strong by Your might. 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 ordered it confirmed.
Rep. HAMILTON moved that when the House adjourns, it adjourn in memory of Mary S. Conser of Greenville, which was agreed to.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-HALF MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 1003 -- Senator Peeler: A BILL TO AMEND ARTICLE 5, CHAPTER 9, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT AT NO COST FROM THE DEPARTMENT OF NATURAL RESOURCES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", WHICH PROVIDES DEFINITIONS AND REGULATIONS PERTAINING TO BED AND BREAKFAST ESTABLISHMENTS IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 472 -- Senators Land and Wilson: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, Rep. CROMER, for the minority, submitted an unfavorable report, on:
H. 4670 -- Reps. Wilkins, Haskins, D. Smith, Cato, J. Brown, Townsend, Harrison, H. Brown and Sharpe: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN THE GENERAL ELECTION, SO AS TO CHANGE THE TIME FOR FILING FOR OFFICE; AND TO AMEND SECTION 7-11-210, AS AMENDED, RELATING TO THE NOTICE OF CANDIDACY AND PLEDGE BY A CANDIDATE FOR SELECTION AS A NOMINEE OF A POLITICAL PARTY, SO AS TO CHANGE THE DATE FOR FILING THE NOTICE OR PLEDGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4631 -- Reps. Fleming, Seithel, Martin, Simrill, Davenport and Klauber: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL SAFETY ACT OF 1998" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-7-12 SO AS TO PROVIDE FOR DESIGNATION AND ASSIGNMENT OF SCHOOL RESOURCE OFFICERS BY THE GOVERNING BODIES OF CERTAIN POLITICAL SUBDIVISIONS, INCLUDING SCHOOL DISTRICTS, TO WORK WITHIN THE SCHOOL SYSTEMS OF MUNICIPALITIES OR COUNTIES, AND TO DEFINE A SCHOOL RESOURCE OFFICER; BY ADDING SECTION 59-63-335 SO AS TO PROVIDE FOR PAYMENT OF A PARTY'S ATTORNEY'S FEES UPON FAILURE OF A SCHOOL ADMINISTRATOR TO REPORT CERTAIN CRIMINAL CONDUCT; TO AMEND SECTION 59-63-360, RELATING TO THE ATTORNEY GENERAL MONITORING SCHOOL CRIMES, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL OR HIS DESIGNEE MAY REPRESENT THE LOCAL SCHOOL DISTRICT WHEN A CRIMINAL CASE INVOLVING SCHOOL CRIME IS APPEALED TO AN APPELLATE COURT OF COMPETENT JURISDICTION; TO AMEND SECTION 59-63-370, RELATING TO STUDENT CONVICTION OR DELINQUENCY ADJUDICATION FOR CERTAIN OFFENSES, SO AS TO INCLUDE WEAPONS OFFENSES FOR PURPOSES OF NOTIFICATION OF THE SENIOR ADMINISTRATOR AT THE STUDENT'S SCHOOL AND PLACEMENT OF INFORMATION IN PERMANENT SCHOOL RECORDS; BY ADDING SECTION 59-63-375 SO AS TO DEFINE A WEAPON FOR PURPOSES OF SECTION 59-63-370.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4775 -- Rep. Wilkins: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4671 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDING SATISFACTION OR CANCELLATION OF A MORTGAGE, SO AS TO DELETE CERTAIN PROVISIONS AND LANGUAGE AND PROVIDE, AMONG OTHER THINGS, THAT UPON PAYMENT IN FULL OF A MORTGAGE DEBT, WRITTEN REQUEST FOR SATISFACTION OF THE MORTGAGE, AND PAYMENT OF ANY REQUIRED SATISFACTION FEE, THE MORTGAGEE OR ASSIGNEE IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS; AND TO REPEAL SECTION 29-3-320, RELATING TO LIABILITY FOR FAILURE TO ENTER SATISFACTION OF A MORTGAGE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4696 -- Reps. Altman and McCraw: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: A BILL TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 986 -- Senators Holland and Martin: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
Ordered for consideration tomorrow.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4926 -- Reps. Chellis, Young-Brickell and Bailey: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" WRESTLING TEAM FOR AN EXCEPTIONAL SEASON AND ON WINNING THE 1998 REGION 6-AAAA STATE WRESTLING CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACHES, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 2, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Summerville High School "Green Wave" Wrestling Team clinched the 1998 Region 6-AAAA State Wrestling Championship with a dramatic 38-29 victory over Rock Hill High School, the four-time defending state champions; and
Whereas, the "Green Wave" Wrestling Team finished their outstanding season with an overall season record of 14-2; and
Whereas, this impressive level of competition could not have been accomplished without the leadership and guidance of Head Coach Kenny Walker, along with Assistant Coach Steve Laprad; and
Whereas, the countless hours of practice, hard work, and sacrifices certainly reflect the Summerville High School Wrestling Team's determination and dream of becoming the 1998 Region 6-AAAA State Champions; and
Whereas, this championship squad consisted of: Chris Aiken, Fernando Celario, Nathan Corbett, Reuben Daniels, Brandon Giet, Preston Giet, Antwan Greene, Braxton Harrison, Rob Harwell, Jeff Healy, Erik Jones, Ian Kerrigan, Ryan Kerrigan, Kevin Kuhn, Brent Laprad, Joey Leviner, Travis Mazyck, T.J. McDonald, Erick Odom, Denard Perry, Nick Pescazio, Joe Power, Geoff Roberts, Quinn Tolbert, Phillip Turner, Richard Warner, and Chris Wills; and
Whereas, the success of the 1998 Summerville High School Wrestling Team has brought great pride and recognition not only upon Dorchester County, but also to the Palmetto State; and
Whereas, the members of the General Assembly would like to publicly recognize and congratulate each player, Assistant Coach Steve Laprad, school officials, and especially Head Coach Kenny Walker upon the conclusion of a truly memorable season. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the General Assembly of the State of South Carolina hereby congratulate the Summerville High School "Green Wave" Wrestling Team for an exceptional season and on winning the 1998 Region 6-AAAA State Wrestling Championship.
Be it further resolved that the team, coaches, and school officials shall be granted the privilege of the floor of the House of Representatives on Thursday, April 2, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to Head Coach Kenny Walker and Principal James S. Yarborough.
The Resolution was adopted.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4927 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 15, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 15, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the elections for the judicial offices, the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 15, 1998, to elect a successor to The Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
Be it further resolved that immediately following the election for the Legislative Audit Council, the House of Representatives and the Senate meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, April 15, 1998, to elect a successor to a member of the South Carolina Consumer Affairs Commission for Seat 1, so as to fill the term which expired August 31, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1160 -- Senators Peeler, Short and Lander: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE STATE OF SOUTH CAROLINA AT THE LOSS OF MRS. FAYE GARNER BENTLEY OF UNION WHO DIED WEDNESDAY, MARCH 25, 1998, AND TO OFFER THE CONDOLENCES OF THE GENERAL ASSEMBLY TO HER FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4928 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS, RELATING TO OPERATING A FACILITY WITHOUT A LICENSE; REINSTATEMENT OF LAPSED LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2242, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4929 -- Reps. Davenport, Lee, Stoddard, Lanford, Whatley, Stille, Hamilton, Walker, Littlejohn, Maddox, Limehouse, Govan, Tripp, Leach, Hawkins, Barrett, Sandifer, Mason and Inabinett: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY PROGRAMS, RESOURCES, AND OTHER ALTERNATIVES TO AID FAMILIES AND SCHOOLS IN ADDRESSING THE PROBLEMS OF TROUBLED YOUTH; TO PROVIDE FOR THE DUTIES AND STAFFING OF THE TASK FORCE; AND TO REQUIRE THE TASK FORCE TO REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JULY 1, 1999.
Referred to Committee on Education and Public Works.
H. 4930 -- Reps. Haskins, Campsen, Altman, Easterday, Tripp, Whatley, Davenport, Lanford, T. Brown, Barfield, Hamilton and Cato: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 64 SO AS TO ENACT "THE SOUTH CAROLINA STUDENT AND FAMILY PRIVACY AND PROTECTION ACT OF 1998" WHICH PROVIDES PROTECTIONS AGAINST DISCLOSURE OF STUDENT RECORDS AND HEALTH SERVICES WHICH ARE NONCONSENSUAL, ALLOWS PARENTAL INSPECTION OF EDUCATIONAL MATERIALS, PROHIBITS UNAUTHORIZED STUDENT SURVEYS, QUESTIONNAIRES, OR EVALUATIONS, ALLOWS STUDENTS TO BE EXCUSED FROM CERTAIN INSTRUCTION IF IT CONFLICTS WITH THEIR RELIGIOUS BELIEFS, PRESERVES STUDENT PRIVACY RIGHTS, AND PROVIDES PROCEDURES AND REMEDIES TO IMPLEMENT OR PRESERVE THE ABOVE PROTECTIONS.
Referred to Committee on Education and Public Works.
H. 4931 -- Reps. Howard, Cave, Gourdine, Knotts, Inabinett, Davenport, Lloyd, Lee, Byrd, Pinckney, Kelley, Canty, Fleming and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1976 SO AS TO PROVIDE THAT THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS SHALL ISSUE CERTIFICATES OR PERMITS TO HANDICAPPED INDIVIDUALS THAT ALLOW A TAXICAB TRANSPORTING SUCH INDIVIDUALS TO PARK IN A HANDICAPPED PARKING PLACE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.
On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4933 -- Reps. Townsend, Byrd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
Referred to Committee on Education and Public Works.
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
Referred to Committee on Labor, Commerce and Industry.
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 4934 -- Rep. Webb: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS TO THE CENTRAL, SOUTH CAROLINA DANIEL HIGH SCHOOL "LADY LIONS" GIRLS' VOLLEYBALL TEAM, COACHES, AND STAFF FOR AN OUTSTANDING SEASON BY WINNING THE 1997 CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Byrd Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jordan Keegan Kennedy Kinon Kirsh Knotts Lanford Law Leach Lee Littlejohn Lloyd Mack Maddox Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stoddard Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 1.
Curtis B. Inabinett Doug Smith Tracy Edge H.B. Limehouse III C. Anthony Harris, Jr. Richard M. Quinn, Jr. Joseph H. Neal Douglas Jennings, Jr. Mark S. Kelley Harry C. Stille Daniel L. Tripp Joe E. Brown G. Ralph Davenport, Jr. Bessie Moody-Lawrence Elsie Rast Stuart Dwight A. Loftis Becky Rogers Martin Wilbur L. Cave John G. Felder Ralph W. Canty Victoria T. Mullen Larry L. Koon James S. Klauber Lynn Seithel Denny W. Neilson Theodore A. Brown
LEAVES OF ABSENCE
The SPEAKER granted Rep. INABINETT a temporary leave of absence to meet with the Department of Natural Resources personnel.
The SPEAKER granted Rep. MARTIN a temporary leave of absence to attend a subcommittee meeting.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, March 31.
Rep. T. BROWN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 31.
Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.
Rep. KINON presented to the House the Lake View High School "Wild Gators" Football Team, 1997 Class A State Champions, their coaches and school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4407
DATE REMOVE:
4/1/98 James A. Battle, Jr.
Bill Number: H. 3344
DATE REMOVE:
4/1/98 Bradley L. Jordan
Bill Number: H. 3888
DATE REMOVE:
4/1/98 James A. Battle, Jr.
Bill Number: H. 3734
DATE ADD:
4/1/98 Robert W. Harrell, Jr.
4/1/98 Michael S. Whatley
4/1/98 Teddy N. Trotter
4/1/98 James N. Law
4/1/98 André Bauer
4/1/98 Mark S. Kelley
4/1/98 Thomas G. Keegan
4/1/98 David H. Wilkins
Bill Number: H. 4631--CO-SPONSOR ADDED
DATE ADD:
4/1/98 James S. Klauber
Bill Number: H. 4918
DATE ADD:
4/1/98 Harry R. Askins
The following Bills were taken up read the second time, and ordered to a third reading.
H. 4912 -- Reps. Baxley, Neilson and J. Hines: A BILL TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Rep. BAILEY explained the Bill.
The following Bill was read the third time, passed and, 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.
S. 772 -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 332 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 4896 -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PERIOD FROM APRIL 30, 1998 UNTIL JANUARY 15, 1999, THE SEASON IS CLOSED FOR THE TAKING OF SHAD ON THE EDISTO RIVER FROM THE U.S. HIGHWAY 17 BRIDGE TO THE HEADWATERS OF THE EDISTO RIVER.
The following Bill was taken up.
H. 3888 -- Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Bauer, Parks and Lloyd: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\GJK\21412SD.98).
Amend the bill, as and if amended, in Section 16-17-500 of the 1976 Code, as contained in SECTION 1, by striking /tobacco/ on line 28, page 1, and inserting /smokeless or chewing tobacco, tobacco samples/
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Reps. G. BROWN and WITHERSPOON spoke against the amendment.
Rep. SIMRILL requested debate on the Bill.
Rep. GOVAN spoke in favor of the amendment.
Reps. SHEHEEN, PHILLIPS, BATTLE, LITTLEJOHN, FLEMING, RHOAD, KENNEDY, BAILEY and BECK requested debate on the Bill.
The Senate amendments to the following Bill were taken up for consideration.
H. 3974 -- Reps. Campsen, Seithel, Woodrum, Altman and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME.
Rep. CAMPSEN 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.
The Senate amendments to the following Bill were taken up for consideration.
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Rep. DAVENPORT explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following House Resolution was taken up.
H. 4761 -- Rep. Sharpe: A HOUSE RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES NOT TO SIGN THE KYOTO PROTOCOL OR TO SUBMIT THE SAME FOR RATIFICATION TO THE UNITED STATES SENATE UNLESS THE PROTOCOL IS AMENDED OR OTHERWISE REVISED, CONSISTENT WITH UNITED STATES SENATE RESOLUTION 98, TO INCLUDE SPECIFIC SCHEDULED COMMITMENTS FOR DEVELOPING COUNTRIES TO MITIGATE GREENHOUSE GAS EMISSIONS WITHIN THE SAME COMPLIANCE PERIOD OR PERIODS AS REQUIRED FOR DEVELOPED COUNTRIES, AND TO MEMORIALIZE THE UNITED STATES SENATE TO REJECT ANY PROPOSED PROTOCOL OR OTHER AMENDMENT TO THE 1992 UNITED NATIONS FRAMEWORK CONVENTION ON GLOBAL CLIMATE CHANGE (FCCC) THAT IS INCONSISTENT WITH UNITED STATES SENATE RESOLUTION 98 OR THAT DOES NOT COMPLY FULLY WITH THAT RESOLUTION.
Whereas, the United States is a signatory to the 1992 United Nations Framework Convention on Global Climate Change (FCCC); and
Whereas, a proposed protocol to expand the scope of the FCCC was negotiated in December of 1997 in Kyoto, Japan (Kyoto Protocol), potentially requiring the United States to reduce emissions of greenhouse gases by seven percent from 1990 levels during the period 2008 to 2012, with potentially larger emission reductions thereafter; and
Whereas, the Kyoto Protocol would require other major industrial nations to reduce emissions from 1990 levels by six percent to eight percent during the period 2008 to 2012, with potentially larger emission reductions thereafter; and
Whereas, President Clinton pledged on October 22, 1997 that "the United States will not assume binding obligations (in Kyoto) unless key developing nations meaningfully participate in the effort"; and
Whereas, on July 25, 1997, the United States Senate adopted Senate Resolution 98 by a vote of 95-0, expressing the sense of the Senate that "the United States should not be a signatory to any protocol to or other agreement regarding the Framework Convention on Climate Change...which would require the advice and consent of the Senate to ratification, and which would mandate new commitments to mitigate greenhouse gas emissions for the Developed Country Parties, unless the protocol or other agreement also mandates specific scheduled commitments within the same compliance period to mitigate greenhouse gas emissions for Developing Country Parties"; and
Whereas, developing nations are exempt from greenhouse gas emission limitation requirements in the FCCC and refused in the Kyoto negotiations to accept any new commitments for greenhouse gas emission limitations through the Kyoto Protocol; and
Whereas, manmade emissions of greenhouse gases such as carbon dioxide are caused primarily by the combustion of oil, coal, and natural gas fuels by industries, automobiles, homes, and other uses of energy; and
Whereas, the United States relies on carbon-based fossil fuels for more than ninety percent of its total energy supply; and
Whereas, achieving the emission reductions proposed by the Kyoto Protocol would require a thirty-eight percent reduction in projected United States carbon emissions during the period 2008 to 2012; and
Whereas, government and industry in the United States are implementing numerous energy conservation and efficiency programs and increasingly stringent air quality improvement programs but, nevertheless, will have great difficulty meeting the emission reduction target because of economic and population growth; and
Whereas, developing countries exempt from emission limitations under the Kyoto Protocol are expected to increase their rates of fossil fuel use over the next two decades and to surpass the United States and other industrialized countries in total emissions of greenhouse gases; and
Whereas, voluntary carbon dioxide reductions from United States' industries and voluntary transfer to developing countries of technologies that will assist them in achieving energy efficiency and improved air quality are worthy of support; and
Whereas, studies prepared for the Global Climate Coalition indicate that a carbon tax or permit fee of two hundred dollars per metric ton would be required to return 2010 emissions to 1990 levels and that South Carolina would suffer significant economic losses as its export-oriented industries would be put at significant competitive disadvantage; real gross state product (GSP) would fall 2.5 percent below the baseline in 2010; real tax revenues in South Carolina would fall 1.8 percent below the baseline projection in 2010, an amount equivalent to 174.8 million dollars in 1992 dollars; South Carolina could lose 23,800 jobs by 2010, including 9,700 manufacturing jobs, 4,300 jobs in the transportation, telecommunications, and utility sectors, and 10,800 jobs in the service sector; industrial firms in South Carolina would be burdened in the global competition for markets with price increases of seventy-nine percent for delivered natural gas and sixty-seven percent for electricity versus baseline levels in 2010; residential electricity prices could increase by 46.1 percent in South Carolina, and natural gas prices could be 47.5 percent higher; and
Whereas, the Kyoto Protocol could lead to the transfer to energy intensive industries from South Carolina to overseas and result in increased emissions of greenhouse gases by developing nations, thereby offsetting any environmental benefits associated with reductions achieved by the United States and other developed countries. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives of the State of South Carolina, by this resolution, memorializes the President of the United States not to sign the Kyoto Protocol or to submit the same for ratification to the United States Senate unless the protocol is amended or otherwise revised, consistent with United States Senate Resolution 98, to include specific scheduled commitments for developing countries to mitigate greenhouse gas emissions within the same compliance period or periods as required for developed countries.
Be it further resolved that the House of Representatives memorializes the United States Senate to reject any proposed protocol or other amendment to the 1992 United Nations Framework Convention on Global Climate Change (FCCC) that is inconsistent with United States Senate Resolution 98 or that does not comply fully with that resolution.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the President of the United States Senate, and the eight members of the South Carolina Congressional Delegation, all at Washington, D.C.
Rep. SHARPE explained the House Resolution.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
H. 4429 -- Rep. Miller: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF UNITED STATES HIGHWAY 17 BYPASS IN GEORGETOWN COUNTY FROM THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 707 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 17 BUSINESS SOUTH OF THE VILLAGE OF MURRELLS INLET IN HONOR OF REVEREND LUTHER ALSTON.
Whereas, Luther Alston, pastor, horticulturist, folklorist, and community leader was one of the patriarchs of the Murrells Inlet community in Georgetown County; and
Whereas, Reverend Alston was a founder and member of the property owner's association formed in 1991 to organize the unincorporated community of Murrells Inlet; and
Whereas, he was a spiritual man who worked tirelessly for the betterment of his fellow man; and
Whereas, Reverend Alston was born in Murrells Inlet, the son of the late Isadora "Tencha" Mazyck and Josiah Alston; and
Whereas, for fifty-four years he was the devoted husband of Anna Lee Alston; and
Whereas, he created and cared for the landscaped south entrance to Murrells Inlet at the intersection of United States Highways 17 Business and Bypass; and
Whereas, Reverend Alston pastored several area churches, including Eaddy's Tabernacle which he founded; and
Whereas, he was a historian and storyteller who gave numerous presentations about the history of Murrells Inlet and the rice culture that developed on Sandy Island; and
Whereas, in 1985, he was the key presenter at a folklife conference at the University of South Carolina's McKissick Museum; and
Whereas, it is fitting and proper that the portion of United States Highway 17 Bypass in Georgetown County from its intersection with South Carolina Highway 707 to its intersection with United States Highway 17 Business south of the Village of Murrells Inlet be named the "Reverend Luther Alston Memorial Highway" as a lasting tribute to this distinguished South Carolinian. 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 designate and name the portion of United States Highway 17 Bypass in Georgetown County described in this resolution the "Reverend Luther Alston Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Reverend Luther Alston Memorial Highway".
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Reverend Luther Alston.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4487 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ADOPT HOUSE RESOLUTION 1711, THE SMALL BUSINESS REMEDIATION ACT SPONSORED BY REPRESENTATIVE JOE BARTON OF TEXAS, THAT SEEKS TO ESTABLISH REASONABLE CLEAN-UP STANDARDS FOR POSSIBLE CONTAMINATION ASSOCIATED WITH DRY-CLEANING SITES.
Whereas, existing but often unattainable remediation clean-up standards are reportedly putting hundreds of dry-cleaning establishments out of business and imperiling the livelihoods of thousands of dry cleaners, employees, and property owners; and
Whereas, H.R. 1711, the Small Business Remediation Act introduced by Representative Joe Barton of Texas, seeks to alleviate this problem by using OSHA standards that would set the soil and ground-water remediation standard for dry cleaning solvents at one-tenth the equivalent exposure of the OSHA workplace standard; and
Whereas, if adopted by Congress, H.R. 1711 would not change the dry-cleaning solvent level for drinking water, and would not affect existing federal standards under the Safe Drinking Water Act; and
Whereas, if adopted, the new remediation standards of H.R. 1711 would significantly ease the burden on dry cleaners, the owners, employees, and property owners that are adversely affected by the existing remediation clean-up standards. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Congress of the United States is hereby memorialized to adopt House Resolution 1711, The Small Business Remediation Act sponsored by Representative Joe Barton of Texas, that seeks to establish reasonable clean-up standards for possible contamination associated with dry-cleaning sites.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and each member of this state's Congressional Delegation.
Rep. SHARPE explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. CROMER.
The following Joint Resolution was taken up.
H. 4846 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 1998 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 1998 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.
Rep. ALTMAN proposed the following Amendment No. 1 (Doc Name L:\4846.1), which was tabled.
Amend the joint resolution, as and if amended, to Strike Section 1A, the first paragraph, and substitute therefor the following:
"For private passenger motor vehicle personal property, the tax assessment ratio must be 4% of the appraised value at any time following January 1, 2000 and continuing thereafter for each county in which the registered voters approve such assessment ratio."
Amend Further, by amending Section 2 by changing the second paragraph which poses the question on the ballot, to read as follows:
"Must Article X of the Constitution of this state be amended to allow individual counties to determine by referendum the Reduction of the assessment ratio from the present ten and one half (10.5%) level to Four percent (4%) of the appraised value to be applied to private passenger motor vehicles for personal property tax purposes in each individual county so approving the referendum question on the ballot."
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN continued speaking.
Rep. QUINN continued speaking.
Rep. QUINN spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Baxley Beck Bowers Breeland Brown, H. Brown, J. Byrd Cave Chellis Cotty Dantzler Delleney Edge Felder Fleming Gourdine Govan Harrell Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Jennings Keegan Kelley Kennedy Kirsh Klauber Law Limehouse Lloyd Mack Mason McGee McKay McLeod McMaster Meacham Moody-Lawrence Quinn Rhoad Riser Rodgers Sandifer Scott Sharpe Simrill Smith, J. Smith, R. Stuart Tripp Trotter Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Altman Battle Bauer Boan Brown, G. Campsen Canty Carnell Cato Clyburn Cobb-Hunter Cooper Cromer Davenport Easterday Gamble Hamilton Harris Hines, M. Knotts Koon Lanford Leach Lee Littlejohn Loftis Maddox Martin McMahand Miller Mullen Neal Phillips Pinckney Rice Robinson Seithel Sheheen Smith, D. Smith, F. Spearman Stille Stoddard Townsend Vaughn Walker Webb Wilkes
So, the amendment was tabled.
Reps. ROBINSON, D. SMITH, BOAN, VAUGHN, ALLISON, SHEHEEN, CROMER, EASTERDAY, BARRETT, MADDOX, RICE, SCOTT and COBB-HUNTER proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9810HTC.98).
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A. It is proposed that Article X of the Constitution of this State be amended by adding Section 1A to read:
"Section 1A. For motor vehicle tax years beginning after June, 1999, or earlier as the General Assembly may provide, a separate classification for motor vehicles is created to include motor vehicles formerly included in the classification of 'all other personal property' established pursuant to Section 1(8) of this article but subject to an assessment ratio of less than ten and one-half percent of fair market value, and which must be the subject of a separate millage rate imposition uniformly applied within the class, and this millage rate may not exceed the millage rate imposed for motor vehicles for any motor vehicle tax year beginning in 1998, including amounts levied for that year for bonded indebtedness, except upon approval by a majority vote of the qualified electors of the jurisdiction imposing the millage in a referendum held specifically for this purpose, or by a positive majority vote of the governing body of the jurisdiction. For purposes of this section, a 'positive majority' means a vote to approve a higher millage by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the higher millage is required."
B. It is proposed that the first paragraph of Article X, Section 6 of the Constitution of this State be amended to read:
"The General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such taxes; except as otherwise provided in this article; and provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article X of the Constitution of this State be amended by adding Section 1A and by amending existing Section 6 so as to provide that property tax millage imposed on a classification of personal property created to include motor vehicles formerly included in the classification of 'all other personal property' but subject to an assessment ratio of less than ten and one-half percent of fair market value, for property tax years beginning after June,1999, or earlier as the General Assembly may provide, must be separately imposed at a uniform rate in the class and at a rate that may not exceed the millage rate imposed on motor vehicles for any motor vehicle tax year beginning in 1998, except as approved by a majority vote of the qualified electors of the jurisdiction imposing the millage in a referendum held specifically for this purpose or by a positive majority vote of the governing body of the jurisdiction imposing the millage and defining 'positive majority' as a majority of the entire governing body whether present or not, and providing for a positive majority when there is a vacancy as a majority of the entire governing body as constituted on the date the final date on the higher millage is required?
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'."
SECTION 3. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Motor vehicles, defined as self-propelled vehicles, including motorcycles, required to be registered and licensed, otherwise taxed pursuant to subitem (A) of this item, must be taxed on an assessment equal to the following percentage of fair market value of the vehicle:
Property Tax
Year Percentage
(i) year 1 10
(ii) year 2 9.5
(iii) year 3 9.0
(iv) year 4 8.5
(v) year 5 8.0
(vi) year 6 7.5
(vii) year 7 7.0
(viii) year 8 6.5
(ix) After year 8 6.0
(2) This subitem applies for motor vehicle property tax years beginning after June, 1999, or for earlier tax years as the General Assembly may provide by law."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a separate class of property for purposes of the property tax consisting of motor vehicles, including motorcycles, required to be registered and licensed otherwise taxed or an assessment equal to ten and one-half percent of fair market value, which must be assessed for property tax at the rate of ten percent of fair market value declining in half percent annual reductions over nine years to a permanent rate of six percent and to define property tax year as property tax years beginning after June, 1999, or such earlier tax years as the General Assembly may provide by law?
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'."/
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. BOAN spoke in favor of the amendment.
Further proceedings were interrupted by a message from the Senate to Ratify Acts, the pending question being consideration of Amendment No. 2.
The following was received.
Columbia, S.C., April 1, 1998
Mr. Speaker and Members of the House:
The Senate repectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
Rep. H. BROWN moved that upon completion of the Ratification of Acts, that the House recede until 2:30 P.M., which was adopted.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R284) S. 89 -- Senator Holland: AN ACT TO AMEND SECTION 20-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE
THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS AND TO AUTHORIZE THE COURT TO DISMISS THE ACTION WITHOUT A HEARING IF THE PARTIES RECONCILE.
(R285) S. 275 -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.
(R286) S. 377 -- Senator Giese: AN ACT TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS AND TO PROVIDE FOR IMPRISONMENT OR FINES, OR BOTH, AS PENALTIES; AND TO AMEND SECTION 20-7-7210, AS AMENDED, RELATING TO ELIGIBILITY OF JUVENILES FOR PLACEMENT IN A SECURE DETENTION CENTER TO INCLUDE A JUVENILE WHO COMMITS A MISDEMEANOR OTHER THAN A VIOLENT CRIME AND WHO IS AWAITING ADJUDICATION IN ANOTHER DELINQUENCY PROCEEDING OR HAS A RECENT RECORD OF OTHER MISDEMEANOR ADJUDICATIONS.
(R287) S. 461 -- Senators Mescher and Rose: AN ACT TO CREATE THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF BERKELEY COUNTY, ABOLISH THE BERKELEY COUNTY BOARD OF VOTER REGISTRATION, AND DEVOLVE THEIR POWERS AND DUTIES UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION.
(R288) S. 482 -- Senator Ryberg: AN ACT TO AMEND SECTION 17-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC DEFENDERS, SO AS TO PROVIDE THAT THE PUBLIC DEFENDER OR ASSISTANT PUBLIC DEFENDERS MAY RESIDE OUTSIDE OF THE COUNTY OR THE DEFENDER CORPORATION AREA IN WHICH THEY SERVE.
(R289) S. 583 -- Senator Giese: AN ACT TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO ELIMINATE THE EXEMPTION FOR HOSPITAL EMPLOYEES AND INCLUDE AN EXEMPTION FOR CERTAIN EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION AND TO PROVIDE A TRANSITIONAL PERIOD FOR PERSONS CURRENTLY CERTIFIED TO MEET THE REQUIREMENTS FOR LICENSURE.
(R290) S. 835 -- Senators Peeler and Reese: AN ACT TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
(R291) S. 873 -- Senator Drummond: AN ACT TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT, AND TO PERMIT THE USE OF GREENWOOD COUNTY VOTING MACHINES IN POLLING PLACES IN ABBEVILLE AND LAURENS COUNTIES WHEN CONDUCTING THESE ELECTIONS.
(R292) S. 881 -- Senator Peeler: AN ACT TO AMEND ACT 588 OF 1994, RELATING TO THE ONE CENT SALES AND USE TAX IMPOSED FOLLOWING REFERENDUM APPROVAL IN CHEROKEE COUNTY FOR DEBT SERVICE ON BONDED INDEBTEDNESS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE PER PUPIL ALLOCATION FOR CAPITAL PROJECTS TO ANY OTHER SCHOOL DISTRICT IN CHEROKEE COUNTY, SO AS TO REQUIRE A PRO RATA REFUND OF PROPERTY TAXES FOR BONDED INDEBTEDNESS FOR SCHOOLS FROM EXCESS SALES AND USE TAX COLLECTED FOR THIS PURPOSE IN THE FOLLOWING YEAR IN THE FORM OF A CREDIT AGAINST PROPERTY TAX, TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, TO PROVIDE FOR A DIRECT REFUND WHEN NO CREDIT CAN BE APPLIED, AND TO PROVIDE A MINIMUM TEN DOLLAR REBATE OR REFUND.
(R293) S. 964 -- Senator Washington: AN ACT TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS, TO PROVIDE FOR ELECTIONS, AND TO PROVIDE FOR PRECLEARANCE SUBMISSION OF ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE.
(R294) S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: AN ACT TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
(R295) S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: AN ACT TO PROVIDE THAT FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-TWO UNITS OF CREDIT SHALL BE GRANTED A WAIVER FROM THE NEW COMPUTER SCIENCE UNIT OR THE FOURTH MATHEMATICS UNIT, OR BOTH, REQUIRED FOR A STAR DIPLOMA, PROVIDED ALL OTHER REQUIREMENTS ARE MET; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
(R296) S. 1037 -- Senator Alexander: AN ACT TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY.
(R297) S. 1063 -- Senators Martin and Alexander: AN ACT TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.
(R298) S. 1072 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 16, 1997, MISSED BY THE STUDENTS OF OLYMPIA SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A FIRE AND EXPLOSION AT LINDAU CHEMICAL COMPANY IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R299) S. 1073 -- Senators Patterson, Giese, Courson and Jackson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 29, 1997, MISSED BY THE STUDENTS OF WEBBER SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE WHEN THE SCHOOL WAS CLOSED DUE TO A RUPTURED SEWER LINE AND THE ABSENCE OF RUNNING WATER IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R300) S. 1085 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R301) S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R302) S. 1109 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R303) S. 1123 -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: AN ACT TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
(R304) S. 1127 -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto, Grooms, Courson, Branton, Giese and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 6-7-15 AND 6-29-715 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH-RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.
(R305) H. 3421 -- Rep. Davenport: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO PROVIDE PENALTIES.
(R306) H. 3470 -- Reps. Kirsh, Edge, Barfield, Meacham and Simrill: AN ACT TO AMEND CHAPTER 18, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, SO AS TO CHANGE THE TERM "COMMISSIONER" TO "DIRECTOR", TO CONFORM THE NAME OF THE DEPARTMENT OF LABOR TO THE GOVERNMENT RESTRUCTURING ACT OF 1993, AND TO PROVIDE THAT THIS CHAPTER DOES NOT APPLY TO AIR-SUPPORTED STRUCTURES.
(R307) H. 3601 -- Rep. Boan: AN ACT TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN FUNDING FOR THE SOUTH CAROLINA TECHNICAL EDUCATION SYSTEM AND THE PRIVATE JOB TRAINING REVIEW COMMITTEE WHICH PROVIDES ADVICE ON THE UTILIZATION OF SHORT-TERM ADULT FUNDING, SO AS TO DELETE SUCH COMMITTEE AND CORRESPONDING REFERENCES THERETO.
(R308) H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: AN ACT TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE CURRENT OWNER OF RECORD; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE CURRENT OWNER OF RECORD OF THE PROPERTY; TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90; TO AMEND SECTION 12-21-4020, RELATING TO CLASSES OF BINGO, SO AS TO ADD CLASS F REFERRING TO A LICENSEE WHOSE GAME IS STRICTLY FOR CHARITABLE PURPOSES AND RUN BY VOLUNTEERS AND MEETS CERTAIN OTHER REQUIREMENTS AS TO GROSS PROCEEDS, PRIZES, AND NUMBER OF GAMES; TO AMEND SECTION 12-21-4030, RELATING TO ENTRANCE FEES TO BINGO SESSIONS, SO AS TO ALLOW CLASS F LICENSEES TO CHARGE A THREE DOLLAR FEE AND TO EXEMPT ENTRANCE FEES FROM CONSIDERATION AS INCOME FOR PURPOSES OF TAXES OR PRIZE LIMITATIONS; TO AMEND SECTION 12-21-4190, RELATING TO BINGO CARD CHARGES, SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO COLLECT FIVE CENTS FOR EACH DOLLAR OF FACE VALUE FOR A CARD SOLD FOR A CLASS F LICENSEE, TO EXEMPT CLASS C LICENSES FROM THIS CHARGE, AND TO PROVIDE THAT ALL REVENUE FROM BINGO CARD CHARGES ON CLASS F LICENSEES BE DISTRIBUTED PURSUANT TO SECTION 12-21-4200; AND TO PROVIDE VARIOUS EFFECTIVE DATES.
(R309) H. 4039 -- Rep. Sharpe: AN ACT TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
(R310) H. 4358 -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN NURSING SERVICES IN RESIDENTIAL SETTINGS, PUBLIC SCHOOLS, AND DEPARTMENT OF JUVENILE JUSTICE AND DEPARTMENT OF CORRECTIONS FACILITIES AND INSTITUTIONS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
(R311) H. 4400 -- Rep. D. Smith: AN ACT TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
(R312) H. 4402 -- Rep. Kirsh: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.
(R313) H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: AN ACT TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R314) H. 4540 -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
(R315) H. 4574 -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: AN ACT TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.
(R316) H. 4591 -- Reps. Spearman, McAbee and Clyburn: AN ACT TO AMEND ACT 1139 OF 1968, RELATING TO THE SCHOOL BOARD OF TRUSTEES IN SALUDA COUNTY, SO AS TO DELETE A PROVISION WHICH REQUIRES THE SCHOOL BUDGET AND TAX LEVY TO BE SUBJECT TO THE APPROVAL OF A MAJORITY OF THE COUNTY COMMISSIONERS RESIDING IN SCHOOL DISTRICT NO. 1.
(R317) H. 4630 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
(R318) H. 4637 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
(R319) H. 4648 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R320) H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: AN ACT TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
(R321) H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
(R322) H. 4745 -- Reps. R. Smith, Beck, Mason, Clyburn and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON OCTOBER 22, 1997, BY THE STUDENTS OF MIDLAND VALLEY HIGH SCHOOL OF AIKEN COUNTY WHEN THE SCHOOL WAS CLOSED BECAUSE OF A MAJOR BREAKDOWN OF AN ELECTRICAL TRUNK FEEDER LINE INTO THE SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R323) H. 4768 -- Reps. Hinson, H. Brown, Law, Gourdine and Dantzler: AN ACT TO REPEAL ACT 159 OF 1995, RELATING TO THE DEVOLUTION OF APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY AND PROVIDE THAT ALL APPOINTMENTS PREVIOUSLY MADE PURSUANT TO THE AUTHORITY CONFERRED PURSUANT TO THE PROVISIONS OF ACT 159 OF 1995 SHALL CONTINUE UNTIL THE EXPIRATION OF THE TERMS FOR WHICH THEY WERE APPOINTED OR A VACANCY OCCURS.
(R324) H. 4782 -- Reps. Baxley, Neilson and J. Hines: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON FEBRUARY 4, 1998, BY THE STUDENTS OF WASHINGTON STREET ELEMENTARY SCHOOL IN DARLINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO THE SEWAGE SYSTEM MALFUNCTIONING IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN FOR FULL SCHOOL DAYS MISSED.
(R325) H. 4806 -- Reps. McLeod and Wilder: AN ACT TO PROVIDE THAT THE MEMBERS OF THE NEWBERRY COUNTY BOARD OF EDUCATION MUST BE ELECTED IN NONPARTISAN ELECTIONS FROM SINGLE-MEMBER ELECTION DISTRICTS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, BEGINNING IN 1998, TO REQUIRE THE COUNTY ELECTION COMMISSION TO CONDUCT THE ELECTIONS, TO PROVIDE FOR THE APPLICABILITY OF CERTAIN NONPARTISAN ELECTION PROCEDURES, TO REQUIRE BOARD MEMBER COMPENSATION TO BE INCLUDED AS A SPECIFIC SECTION IN THE BUDGET AND REQUIRING TWO READINGS OF THE SECTION, AND TO PROVIDE FOR REGULAR MEETINGS OF THE BOARD; AND TO REPEAL ACT 284 OF 1985 RELATING TO THE COMPOSITION AND ELECTION OF THE NEWBERRY COUNTY BOARD OF EDUCATION.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 2.
H. 4846 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 1998 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 1998 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Article X of the Constitution of this State be amended by adding:
"Section 1A. For motor vehicle property tax years beginning after June, 1999, and all other personal property tax years beginning after 1998, all personal property included in the classifications established pursuant to Section 1 of this article must be the subject of a separate millage rate imposition uniformly applied to personal property and this millage rate may not exceed the millage rate imposed for such property for any property tax year beginning in 1998, including amounts levied for that year for bonded indebtedness and this millage rate must be annually adjusted, if necessary, so that the revenue raised by the tax on personal property does not exceed the revenue raised by the 1998 millage rate."
It is proposed that the first paragraph of Article X, Section 6 of the Constitution of this State be amended to read:
"The General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such taxes; except as otherwise provided in this article; and provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article X of the Constitution of this State be amended by adding Section 1A and by amending existing Section 6 so as to provide that property taxes imposed on motor vehicles for motor vehicle property tax years beginning after June, 1999, and on all other personal property for property tax years beginning after 1998, must be separately imposed at a uniform rate on all personal property at a rate that may not exceed the millage rate imposed on such property for any property tax year beginning in 1998 with annual adjustments in the millage rate if necessary so that the revenue raised by the tax on personal property does not exceed the revenue raised by the 1998 millage rate?
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'."
Reps. ROBINSON, D. SMITH, BOAN, VAUGHN, ALLISON, SHEHEEN, CROMER, EASTERDAY, BARRETT, MADDOX, RICE, SCOTT and COBB-HUNTER proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9810HTC.98), which was rejected.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A. It is proposed that Article X of the Constitution of this State be amended by adding Section 1A to read:
"Section 1A. For motor vehicle tax years beginning after June, 1999, or earlier as the General Assembly may provide, a separate classification for motor vehicles is created to include motor vehicles formerly included in the classification of 'all other personal property' established pursuant to Section 1(8) of this article but subject to an assessment ratio of less than ten and one-half percent of fair market value, and which must be the subject of a separate millage rate imposition uniformly applied within the class, and this millage rate may not exceed the millage rate imposed for motor vehicles for any motor vehicle tax year beginning in 1998, including amounts levied for that year for bonded indebtedness, except upon approval by a majority vote of the qualified electors of the jurisdiction imposing the millage in a referendum held specifically for this purpose, or by a positive majority vote of the governing body of the jurisdiction. For purposes of this section, a 'positive majority' means a vote to approve a higher millage by the majority of the members of the entire governing body, whether present or not. However, if there is a vacancy in the membership of the governing body, a positive majority vote of the entire governing body as constituted on the date of the final vote on the higher millage is required."
B. It is proposed that the first paragraph of Article X, Section 6 of the Constitution of this State be amended to read:
"The General Assembly may vest the power of assessing and collecting taxes in all of the political subdivisions of the State. Property tax levies shall be uniform in respect to persons and property within the jurisdiction of the body imposing such taxes; except as otherwise provided in this article; and provided, that on properties located in an area receiving special benefits from the taxes collected, special levies may be permitted by general law applicable to the same type of political subdivision throughout the State, and the General Assembly shall specify the precise condition under which such special levies shall be assessed."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Article X of the Constitution of this State be amended by adding Section 1A and by amending existing Section 6 so as to provide that property tax millage imposed on a classification of personal property created to include motor vehicles formerly included in the classification of 'all other personal property' but subject to an assessment ratio of less than ten and one-half percent of fair market value, for property tax years beginning after June,1999, or earlier as the General Assembly may provide, must be separately imposed at a uniform rate in the class and at a rate that may not exceed the millage rate imposed on motor vehicles for any motor vehicle tax year beginning in 1998, except as approved by a majority vote of the qualified electors of the jurisdiction imposing the millage in a referendum held specifically for this purpose or by a positive majority vote of the governing body of the jurisdiction imposing the millage and defining 'positive majority' as a majority of the entire governing body whether present or not, and providing for a positive majority when there is a vacancy as a majority of the entire governing body as constituted on the date the final date on the higher millage is required?
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'."
SECTION 3. It is proposed that Section 1(8), Article X of the Constitution of this State be amended to read:
"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B)(1) Motor vehicles, defined as self-propelled vehicles, including motorcycles, required to be registered and licensed, otherwise taxed pursuant to subitem (A) of this item, must be taxed on an assessment equal to the following percentage of fair market value of the vehicle:
Property Tax
Year Percentage
(i) year 1 10
(ii) year 2 9.5
(iii) year 3 9.0
(iv) year 4 8.5
(v) year 5 8.0
(vi) year 6 7.5
(vii) year 7 7.0
(viii) year 8 6.5
(ix) After year 8 6.0
(2) This subitem applies for motor vehicle property tax years beginning after June, 1999, or for earlier tax years as the General Assembly may provide by law."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a separate class of property for purposes of the property tax consisting of motor vehicles, including motorcycles, required to be registered and licensed otherwise taxed or an assessment equal to ten and one-half percent of fair market value, which must be assessed for property tax at the rate of ten percent of fair market value declining in half percent annual reductions over nine years to a permanent rate of six percent and to define property tax year as property tax years beginning after June, 1999, or such earlier tax years as the General Assembly may provide by law?
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'."/
Amend title to conform.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. VAUGHN continued speaking.
Rep. ROBINSON spoke in favor of the amendment.
Rep. ROBINSON continued speaking.
Rep. D. SMITH spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beck Brown, H. Chellis Cooper Harrell Harrison Haskins Jordan Keegan Kirsh Law McGee McKay McMaster Quinn Riser Rodgers Seithel Smith, R. Tripp Whatley Wilkins Young-Brickell
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Boan Bowers Breeland Brown, G. Brown, T. Byrd Campsen Carnell Cato Cave Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Govan Hamilton Harris Harvin Hawkins Hines, J. Hinson Inabinett Jennings Kelley Kennedy Kinon Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rhoad Rice Robinson Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Spearman Stille Stuart Townsend Trotter Vaughn Walker Webb Wilder Wilkes Witherspoon Woodrum Young
So, the House refused to table the amendment.
Reps. H. BROWN and QUINN spoke against the amendment.
Reps. HASKINS and HARRELL spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. WILKINS spoke against the amendment.
Rep. WILKINS moved to table the amendment.
Rep. SHEHEEN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the adoption of the amendment.
Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barrett Baxley Boan Breeland Brown, T. Byrd Carnell Cato Cave Cobb-Hunter Cromer Easterday Gamble Gourdine Govan Inabinett Jennings Kinon Littlejohn Lloyd Loftis Mack Maddox McAbee McLeod McMahand Miller Moody-Lawrence Mullen Neal Pinckney Rice Robinson Scott Sheheen Smith, D. Smith, F. Spearman Stille Stoddard Stuart Vaughn Walker Whipper Wilder
Those who voted in the negative are:
Bailey Barfield Battle Bauer Beck Bowers Brown, G. Brown, H. Brown, J. Campsen Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Edge Felder Fleming Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Jordan Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Martin Mason McCraw McGee McKay McMaster Meacham Phillips Quinn Rhoad Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, J. Smith, R. Townsend Tripp Trotter Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Rep. McLEOD proposed the following Amendment No. 3 (Doc Name P:\AMEND\PSD\7338CM.98), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. It is proposed that Section 1(8), Article X of the Constitution of this State is amended to read:
"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B) Personal property required to be titled by a state or federal agency, not including units of manufactured housing, must be taxed on an assessment equal to the following percentage of fair market value of the property:
Property Tax Year Percentage
(i) Property tax years beginning
in the first calendar year
following the year of
ratification of this subitem 9.0
(ii) Property tax years beginning
in the second calendar year
following the year of ratification
of this subitem: 7.5
(iii) Property tax years beginning after
the second calendar year following the
year of ratification of this subitem 6.0"
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a new class of property for purposes of the property tax consisting of personal property required to be titled by a state or federal agency, not including units of manufactured housing, which must be assessed for property tax at the rate of nine and one-half percent of fair market value declining to a permanent rate of six percent over three years?
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'."/
Amend the joint resolution further by amending to title to read:
"PROPOSING AN AMENDMENT TO SECTION 1(8), ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ASSESSMENT RATIO APPLICABLE TO CERTAIN PERSONAL PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH A SEPARATE CLASS FOR CERTAIN PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, AND TO PROVIDE THE ASSESSMENT RATIOS FOR THE NEW CLASS."
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLEOD explained the amendment.
Rep. HASKINS moved to table the amendment, which was agreed to.
Reps. LIMEHOUSE and SEITHEL proposed the following Amendment No. 4 (Doc Name P:\AMEND\DKA\4884MM.98), which was ruled out of order.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION __. It is proposed that Section 1(3) of Article X of the Constitution of this State be amended to read:
"(3) The legal residence and not more than five acres contiguous thereto shall be taxed on an assessment equal to four percent of the fair market value of such property. the fair market value of owner-occupied residential property may not increase more than an amount equal to the value of permanent improvements made by the owner-occupant after acquiring title and the percentage increase in the assessed value of all taxable properties in the county in the year immediately preceding a countywide reassessment and the year of a countywide reassessment. When the property is transferred, other than between spouses, the county assessor shall determine the fair market value of the property in the hands of the transferee, effective as of the date of transfer."
SECTION 2. The proposed amendment must be submitted to qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(3) of Article X of the Constitution of this State be amended so as to provide that the fair market value of owner-occupied residential property may not increase more than the value of permanent improvements and the percentage increase in the assessed value of all taxable properties in the county in the year immediately preceding a countywide reassessment and the year of a countywide reassessment, so long as the property remains occupied by the same owner or by his spouse, and to provide that the county assessor set the fair market value when the property is transferred?
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'."/
Renumber sections to conform.
Amend title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. HASKINS raised a Point of Order that Amendment No. 4 was out of order in that it was not germane to the Joint Resolution.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. CAMPSEN proposed the following Amendment No. 5 (Doc Name P:\AMEND\JIC\5477HTC.98), which was tabled.
Amend the joint resolution, as and if amended, by adding two appropriately numbered SECTIONS to read:
/SECTION __. It is proposed that Section 1(8), Article X of the Constitution of this State is amended to read:
"(8) (A) Except as provided in subitem (B) of this item, all other personal property shall must be taxed on an assessment equal to ten and one-half percent of the fair market value of such the property.
(B) Personal property otherwise assessed pursuant to subitem (A) of this item required to be titled by a state or federal agency, not including units of manufactured housing, must be taxed on an assessment equal to ten and one-half percent of fair market value or some percentage of fair market value less than ten and one-half percent as may be set by the governing body of the county in consultation with all property taxing entities in the county."
SECTION __. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 1(8), Article X of the Constitution of this State, be amended so as to establish a separate class of property for purposes of the property tax consisting of personal property required to be titled by a state or federal agency, not including units of manufactured housing, which must be assessed for property tax at a percentage of fair market value of ten and one-half percent or some percentage of fair market value less than ten and one-half percent as may be set by the governing body of the county in consultation with all property taxing entities in the county?
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'."/
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SCOTT raised a Point of Order that Amendment No. 5 was out of order in that it was not germane to the Joint Resolution.
Rep. CAMPSEN argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. CAMPSEN continued speaking.
Rep. HASKINS moved to table the amendment.
Rep. CAMPSEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 76 to 17.
Rep. J. SMITH moved to reconsider the vote whereby Amendment No. 2 was rejected.
Rep. HASKINS moved to table the motion to reconsider.
Rep. J. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Barfield Battle Bauer Beck Bowers Brown, H. Brown, J. Byrd Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Edge Felder Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Mason McCraw McGee McKay McMahand McMaster Meacham Neilson Phillips Quinn Rhoad Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Askins Barrett Baxley Boan Breeland Brown, G. Carnell Cave Cobb-Hunter Cromer Easterday Gamble Gourdine Govan Harris Hines, J. Howard Inabinett Jennings Lloyd Mack McAbee McLeod Miller Moody-Lawrence Neal Pinckney Rice Robinson Scott Sheheen Smith, F. Smith, J. Spearman Stille Stuart Vaughn Whipper Wilkes
So, the motion to reconsider was tabled.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Cave Cobb-Hunter Cromer Hines, J. Lloyd Mack Neal Sheheen Smith, J. Vaughn Whipper
So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.
The following Bill was taken up.
H. 4847 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE FOR A PHASED-IN EXEMPTION FOR THE PROPERTY TAX ON PERSONAL PROPERTY BEGINNING WITH THE MILLAGE IMPOSED ON MOTOR VEHICLES FOR SCHOOL OPERATING PURPOSES EXTENDING OVER TIME TO ALL PROPERTY TAXES ON ALL PERSONAL PROPERTY, TO ESTABLISH THE MOTOR VEHICLE AND PERSONAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PERSONAL PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO REQUIRE LOCAL TAXING ENTITIES TO ADJUST MILLAGE IMPOSED ON PERSONAL PROPERTY ANNUALLY SO THAT THE AMOUNT RAISED BY THE MILLAGE AND THE REIMBURSEMENT IN TOTAL DO NOT EXCEED 1998 TAX YEAR PERSONAL PROPERTY TAX REVENUES, TO PRESCRIBE THE ORDER OF THE VARIOUS TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE FOR REIMBURSEMENTS TO LOCAL TAXING ENTITIES WHEN ALL PERSONAL PROPERTY IS WHOLLY EXEMPT FROM PROPERTY TAX, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY AT ITS 1998 ASSESSED VALUE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Rep. QUINN explained the Bill.
Rep. CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9807HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. (A) An additional sales, use, and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. The tax imposed pursuant to this article does not apply to any item subject to the maximum tax provisions of Section 12-36-2110. The department shall prescribe amounts which may be added to the sales price because of this tax.
(B) Revenue of the tax imposed pursuant to this article must be credited to a fund separate from the general fund of the State styled the 'Motor Vehicle Property Tax Relief Fund'. Revenues in this fund must be used to reimburse local property taxing entities for revenues not collected because of the exemption allowed for private passenger motor vehicles as defined in Section 56-3-630 and motorcycles and motor-driven cycles not including such vehicles used in a trade or business. Amounts accumulating in this fund in excess of the amounts required for reimbursements must be credited to the general fund of the State."
SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) Subject to the requirements of subitem (b), a percentage of the fair market value of private passenger motor vehicles as defined in Section 56-3-630 and motorcycles and motor-driven cycles is exempt from property tax millage as provided in this item. No exemption is allowed on any vehicle used in a trade or business.
(b) Using vehicle registration data provided by the Department of Public Safety, the director of the Department of Revenue, from estimated revenues available in the Motor Vehicle Property Tax Relief Fund, annually shall calculate a percentage of fair market value that is exempt for vehicle tax years beginning in a calendar year based on the reimbursement required pursuant to subitem (c) of this item. This exemption amount must be certified to county auditors not later than October first of each year and applies for vehicle tax years beginning in the following calendar year.
(c) Revenues not collected because of this exemption must be reimbursed to local taxing entities from the Motor Vehicle Property Tax Relief Fund in the manner provided in Section 12-37-270, mutatis mutandis, except that reimbursements must be made not less than monthly and in advance as property taxes are due and payable on motor vehicles.
(d) Notwithstanding any other provision of law, property exempted from property tax as provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3)."
SECTION 3. The additional sales and use tax imposed by this act applies with respect to sales and use tax taxable events occurring after December 31, 1998. The tax imposed by this act does not apply to taxes paid in installments on leases executed before 1999, nor does it apply to the gross proceeds of sales of tangible personal property delivered after December 31, 1998, either under the terms of a construction contract executed before 1999, or a written bid submitted before 1999 culminating in a construction contract, regardless of when executed, if a verified copy of the contract is filed with the South Carolina Department of Revenue before July 1, 1999. Notwithstanding the January 1, 1999 imposition date of the tax imposed by this act, with respect to services billed regularly on a monthly basis, the tax imposed by this act applies on the first day of the billing period beginning after 1998. The exemption allowed by this act applies for motor vehicle tax years beginning after 1998./
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Easterday Edge Felder Fleming Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Lanford Law Leach Lee Limehouse Martin Mason McGee McKay McMahand McMaster Meacham Moody-Lawrence Neilson Quinn Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Battle Baxley Bowers Breeland Brown, G. Byrd Cave Clyburn Cromer Davenport Delleney Gamble Hines, J. Inabinett Jennings Koon Littlejohn Loftis Mack Maddox McCraw McLeod Miller Mullen Neal Phillips Rice Riser Robinson Scott Sheheen Smith, J. Spearman Stille Stuart Walker Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. CROMER proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9808HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. (A) An additional sales, use, and casual excise tax equal to one half of one percent is imposed on amounts taxable pursuant to this chapter. The department shall prescribe amounts which may be added to the sales price because of this tax.
(B) The tax imposed pursuant to this article does not apply to any item subject to the maximum tax provisions of Section 12-36-2110, nor does it apply to any items which lawfully may be purchased with United States Department of Agriculture food coupons.
(C) Revenue of the tax imposed pursuant to this article must be credited to a fund separate from the general fund of the State styled the 'Motor Vehicle Property Tax Relief Fund'. Revenues in this fund must be used to reimburse school districts for revenues not collected because of the exemption allowed for private passenger motor vehicles as defined in Section 56-3-630, motorcycles, and motor-driven cycles not including such vehicles used in a trade or business. Amounts accumulating in this fund in excess of the amounts required for reimbursements, including interest earnings, must be credited to the fund."
SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) Subject to the requirements of subitem (b), a percentage of the fair market value of a private passenger car as defined in Section 56-3-630, motorcycle, or a motor-driven cycle is exempt from property tax millage levied for school operating purposes, not including amounts levied for lease-purchase payments for school construction and renovation. No exemption is allowed any vehicle used in a trade or business.
(b) Using vehicle registration data provided by the Department of Public Safety, the director of the Department of Revenue, from estimated revenues available in the Motor Vehicle Property Tax Relief Fund, annually shall calculate a percentage of fair market value reduced by five percent of the calculation for the first year and two percent thereafter that is exempt for vehicle tax years beginning in a calendar year based on the reimbursement required pursuant to subitem (c) of this item. This exemption amount must be certified to county auditors not later than October first of each year and applies for vehicle tax years beginning in the following calendar year.
(c)(i) Revenues not collected because of this exemption must be reimbursed to school districts from the Motor Vehicle Property Tax Relief Fund not less than monthly and in advance as property taxes are due and payable on motor vehicles. Any shortfall in the fund must be made up by transfers from the general fund of the State.
(ii) Reimbursements to school districts must be calculated in the following manner from data supplied to the Comptroller General by the State Department of Education and the Department of Revenue. Reimbursements paid for calendar year 1999 must reflect actual revenue loss to a district. Thereafter the amount of annual fund revenues reimbursed in this manner decreases cumulatively by twenty-five percent a year until this reimbursement method is phased out. The balance of fund revenues in each year must be reimbursed equally on a formula allocating one-half of the balance on weighted pupil units and one-half using the EFA allocation formula, each determined based on the prior year.
(d) Notwithstanding any other provision of law, property exempted from property tax as provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Section 15, Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3).
(e) The reduction attributable to this exemption on each personal property tax notice must be designated 'State Tax Relief'."
SECTION 3. The additional sales and use tax imposed by this act applies with respect to sales and use tax taxable events occurring after December 31, 1998. The tax imposed by this act does not apply to taxes paid in installments on leases executed before 1999, nor does it apply to the gross proceeds of sales of tangible personal property delivered after December 31, 1998, either under the terms of a construction contract executed before 1999, or a written bid submitted before 1999 culminating in a construction contract, regardless of when executed, if a verified copy of the contract is filed with the South Carolina Department of Revenue before July 1, 1999. Notwithstanding the January 1, 1999 imposition date of the tax imposed by this act, with respect to services billed regularly on a monthly basis, the tax imposed by this act applies on the first day of the billing period beginning after 1998. The exemption allowed by this act applies for motor vehicle tax years beginning after 1998./
Amend title to conform.
Rep. CROMER explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Felder Fleming Hamilton Harrell Harris Harrison Harvin Hawkins Hinson Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Loftis Martin Mason McGee McKay McMahand McMaster Meacham Neilson Quinn Rhoad Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Bowers Breeland Brown, G. Byrd Cave Clyburn Cromer Gamble Govan Hines, J. Inabinett Littlejohn Lloyd Mack Maddox McCraw McLeod Miller Moody-Lawrence Neal Phillips Rice Riser Scott Sheheen Smith, J. Stuart Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. BOWERS proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4882HTC.98), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-462. (A) As used in this section:
(1) 'Local residential property base payment' means an amount equal to the revenues actually collected in the most recently completed calendar year by a taxing entity from property tax on all residential property.
(2) 'Residential property' means that property subject to the assessment provided pursuant to Section 1(5), Article X of the Constitution of this State and Section 12-43-220(e) used for residential purposes if the property has no more than four individual units. Regardless of ownership or configuration, all units in a structure or complex of structures must be aggregated for purposes of determining eligibility for the exemption allowed by this section.
(3) 'Taxing entity' means a county, municipality, school district, or special purpose or public service district.
(4) 'Total residential property base payment' means an amount equal to the total revenues actually collected in the most recently completed calendar year by all taxing entities in this State from property tax on residential property.
(5) 'Trust fund' means the Residential Property Tax Relief Trust Fund established pursuant to subsection (B) of this section.
(6) 'State Residential Property Tax Reimbursement' means the reimbursement allocated monthly to a county for its taxing entities to reimburse for the exemptions allowed by this section. The allocation to a county is determined by the Director of the Department of Revenue for each fiscal year by multiplying trust fund revenues by the proportion that the local residential property base payment of all county taxing entities is of the total residential property base payment.
(B) There is established in the State Treasury the Residential Property Tax Relief Trust Fund, separate and distinct from all other funds, to which must be credited amounts provided in subsection (C) of this section. Revenues in this Trust Fund must be used to provide taxing entities the reimbursement required pursuant to this section for property tax not collected because of the exemptions allowed by this section. The Trust Fund is administered by the Comptroller General. Earnings on the trust fund must be credited to the general fund of the State.
(C) Annually, the Board of Economic Advisors shall remove from its estimated revenue projection for the succeeding fiscal year an amount equal to fifteen percent of projected year-to-year recurring general fund growth plus the total of all amounts previously credited to the Trust Fund, but not more than the total residential property base payment. This amount is automatically credited to the Trust Fund for the applicable fiscal year, is not available for appropriation, and is not considered part of the general fund of the State except for the purpose of calculating amounts which annually must be credited to the Trust Fund. Amounts credited must be earmarked from state income tax revenues.
(D) From revenue credited to the Trust Fund for a fiscal year, each county must be allocated monthly its state residential property tax reimbursement.
(E) Based on the State Residential Property Tax Reimbursement, the county auditor shall calculate and prescribe a percentage reduction on each residential property tax bill falling due in the applicable fiscal year, reducing liabilities in the following order:
(1) amounts required to equal a four percent assessment ratio on such property;
(2) amounts required to extend the exemption allowed pursuant to Section 12-37-251 to each individual unit of residential property.
Liability in item (1) must be eliminated before reductions are applied to item (2).
From the State Residential Property Tax Reimbursement, each taxing entity in the county must be reimbursed monthly for revenues not collected by it because of the percentage reduction on the residential property tax it otherwise would receive.
(F) Notwithstanding any other provision of law, the value of property exempted from property tax as provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3)."
B. Notwithstanding the general effective date for this act, this section takes effect July 1, 1998, and first applies for the 1999-00 budget process. The exemptions allowed pursuant to this section apply for property tax years beginning after 1998./
Renumber sections to conform.
Amend title to conform.
Rep. BOWERS explained the amendment.
Rep. SHEHEEN raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. BOWERS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT proposed the following Amendment No. 4 (Doc Name P:\AMEND\BBM\9805HTC.98), which was tabled.
Amend the bill, as and if amended, by striking Section 12-37-460(E)(1)(b)(iv), as contained in SECTION 1, page 3, beginning on line 29 and inserting:
/(iv) millage on all personal property other than motor vehicles except that for personal property used in a trade or business, liability is reduced only for businesses with twenty-five or fewer employees;
(v) millage on all personal property other than motor vehicles not otherwise provided for in (iv)./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 20.
Rep. COOPER proposed the following Amendment No. 5 (Doc Name P:\AMEND\JIC\5473HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-460. (A) As used in this section:
(1) 'Motor vehicle' means every vehicle which is self-propelled, including a motorcycle, which is required to be registered and licensed pursuant to Chapter 3 of Title 56 and which is assessed for property tax pursuant to Section 1(8), Article X of the Constitution of this State and Section 12-43-220(f).
(2) 'Personal property' means that property subject to the assessment provided pursuant to Section 1, Article X of the Constitution of this State including motor vehicles as defined in item (2) of this subsection.
(3) 'Total personal property base payment' means an amount equal to the total revenues actually collected in calendar year 1998 by all taxing entities in this State from property tax on personal property.
(B) There is established in the State Treasury the Motor Vehicle and Personal Property Tax Relief Trust Fund, separate and distinct from all other funds, to which must be credited amounts provided in subsection (C) of this section. Revenues in this Trust Fund must be used to provide a refundable state income tax credit for taxes paid on personal property in this State. Earnings on the trust fund must be credited to the general fund of the State.
(C) Annually, the Board of Economic Advisors shall remove from its estimated revenue projection for the succeeding fiscal year an amount equal to fifteen percent of projected year-to-year recurring general fund growth plus the total of all amounts previously credited to the Trust Fund, but not more than the total personal property base payment. This amount is automatically credited to the Trust Fund for the applicable fiscal year, is not available for appropriation, and is not considered part of the general fund of the State except for the purpose of calculating amounts which annually must be credited to the Trust Fund. Amounts credited must be earmarked from state income tax revenues.
(D) From revenue credited to the Trust Fund for a fiscal year, the Director of the Department of Revenue shall calculate a uniform credit percentage based on the proportion that revenues in the fund are of the total personal property base payment adjusted for the priority of credit provided in subsection (D). This percentage multiplied by the amount of the personal property taxes paid by the taxpayer during the tax year equals the credit allowed against any income tax liability on the return. When the amount of the credit exceeds the income tax liability, the excess must be refunded to the taxpayer. The credit is allowed against personal property taxes in the following order:
(1) school operating millage on motor vehicles;
(2) school bonded indebtedness and lease purchase payments for school construction and renovation millage on motor vehicles;
(3) all other millage on motor vehicles;
(4) millage on all personal property other than motor vehicles.
Credits must eliminate the tax liability in each category before credits are allowed in the remaining categories.
(E) Copies of personal property tax receipts and other information the department may require must be filed with state income tax returns to calculate the credit allowed by this section. The department shall devise a simplified credit claim which may be used by personal property taxpayers otherwise not required to file a state income tax return."
SECTION 2. Except where otherwise provided, this act takes effect upon ratification of an amendment to the Constitution of this State providing for the separate assessment of property taxes on all personal property pursuant to Section 1A, Article X of the Constitution of this State and which fixes the millage imposed on such property to no more than the millage rate imposed on it for property tax years beginning in 1998. Upon such ratification, the credit allowed pursuant to Section 12-37-460 of the 1976 Code, as added by this act, first applies for motor vehicle tax years beginning after June, 1999./
Amend title to conform.
Rep. COOPER explained the amendment.
Rep. QUINN moved to table the amendment, which was agreed to.
Reps. VAUGHN, EASTERDAY, ALLISON, BOAN, CROMER, D. SMITH, ROBINSON and RICE proposed the following Amendment No. 6 (Doc Name P:\AMEND\JIC\5475HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-460. (A) There is established in the State Treasury the State Tax Relief Trust Fund, separate and distinct from all other funds, to which must be credited amounts provided in subsection (B) of this section. Revenues in this Trust Fund must be used to offset revenues not collected because of reductions in or elimination of taxes imposed by the State. Earnings on the trust fund must be credited to the general fund of the State.
(B) Annually, the Board of Economic Advisors shall remove from its estimated revenue projection for the succeeding fiscal year an amount equal to fifteen percent of projected year-to-year recurring general fund growth plus the total of all amounts previously credited to the Trust Fund. This amount is automatically credited to the Trust Fund for the applicable fiscal year, is not available for appropriation, and is not considered part of the general fund of the State except for the purpose of calculating amounts which annually must be credited to the Trust Fund. Amounts credited must be earmarked from state income tax revenues.
(C) Annually, in separate legislation enacted solely for this purpose, the General Assembly shall reduce or eliminate, either temporarily or permanently, taxes imposed by the State. These reductions or eliminations must produce revenue reductions at least equal to Trust Fund revenues for the applicable fiscal year. The Tax Study Commission shall prescribe recommended state tax reductions or eliminations to the General Assembly no later than January fifteenth of every year."
SECTION 2. This act takes effect July 1, 1998, and first applies for the fiscal year 1999-00 budget process./
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. WILDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Bauer Baxley Beck Bowers Brown, H. Brown, J. Byrd Carnell Cato Chellis Clyburn Cotty Dantzler Edge Felder Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hinson Howard Jennings Jordan Keegan Kelley Kinon Kirsh Knotts Lanford Law Maddox Martin Mason McAbee McCraw McGee McKay McMaster Quinn Rhoad Riser Rodgers Sandifer Seithel Sharpe Smith, R. Townsend Tripp Trotter Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Barrett Battle Boan Breeland Brown, G. Brown, T. Campsen Cave Cooper Cromer Davenport Delleney Easterday Fleming Gamble Govan Hamilton Hines, J. Inabinett Koon Leach Lee Littlejohn Lloyd Loftis McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Phillips Rice Robinson Scott Sheheen Simrill Smith, D. Smith, J. Spearman Stille Stuart Vaughn Walker Wilder Wilkes
So, the amendment was tabled.
Rep. VAUGHN proposed the following Amendment No. 8 (Doc Name P:\AMEND\JIC\5465HTC.98), which was tabled.
Amend the bill, as and if amended, by striking Section 12-37-460(7), as contained in SECTION 1, page 1, and inserting:
/'State Personal Property Tax Reimbursement' means the reimbursement allocated monthly to a county for its taxing entities to reimburse for the exemptions allowed by this section. The allocation to a county is determined by the Director of the Department of Revenue for each fiscal year by multiplying trust fund revenues by the proportion that state income tax revenues from taxpayers resident in the county and revenues collected in the county pursuant to Article 1, Chapter 10, Title 4 is of the total of such revenue statewide. The tax revenues on which this calculation is based are those collected in the fiscal year ending twelve months before the beginning of this fiscal year for which the calculation is made. The reimbursement pursuant to this formula may not exceed the total of local base payments for all taxing entities in a county. Excess reimbursement must be proportionally distributed to other counties./
Amend title to conform.
Rep. VAUGHN explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. VAUGHN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Chellis Cooper Cotty Dantzler Delleney Edge Felder Fleming Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Law Maddox Martin Mason McCraw McGee McKay McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stuart Townsend Trotter Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Boan Bowers Breeland Campsen Cato Cobb-Hunter Cromer Davenport Easterday Gamble Hamilton Leach Lee Littlejohn Lloyd Loftis Mack McLeod McMahand Moody-Lawrence Neal Pinckney Rice Robinson Smith, F. Stille Tripp Vaughn Wilder
So, the amendment was tabled.
Reps. KOON, KNOTTS and BAUER proposed the following Amendment No. 9 (Doc Name P:\AMEND\PSD\7341HTC.98), which was rejected.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. (A) An additional sales, use, and casual excise tax equal to two percent is imposed on amounts taxable pursuant to this chapter. The tax imposed pursuant to this article does not apply to any item subject to the maximum tax provisions of Section 12-36-2110. The department shall prescribe amounts which may be added to the sales price because of this tax.
(B) Revenue of the tax imposed pursuant to this article must be credited to a fund separate from the general fund of the State styled the 'Personal Property Tax Relief Fund'. Revenues in this fund must be used to reimburse local property taxing entities for revenues not collected because of the exemption allowed for personal property assessed pursuant to Section 1 (8), Article X of the Constitution of this State required to be titled by a state or federal agency, not including units of manufactured housing. Amounts accumulating in this fund in excess of the amounts required for reimbursements must be credited to the general fund of the State."
SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )(a) Subject to the requirements of subitem (b), a percentage of the fair market value of personal property assessed pursuant to Section 1 (8), Article X of the Constitution of this State required to be titled by a state or federal agency, not including units of manufactured housing is exempt from property tax millage as provided in this item.
(b) Using registration data provided by the Department of Public Safety, the Department of Natural Resources, and the Federal Aviation Administration,the director of the Department of Revenue, from estimated revenues available in the Personal Property Tax Relief Fund, annually shall calculate a percentage of fair market value that is exempt for property tax years beginning in a calendar year based on the reimbursement required pursuant to subitem (c) of this item. This exemption percentage must be certified to county auditors not later than October first of each year and applies for property tax years beginning in the following calendar year.
(c) Revenues not collected because of this exemption must be reimbursed to local taxing entities from the Personal Property Tax Relief Fund in the manner provided in Section 12-37-270, mutatis mutandis, except that reimbursements on motor vehicles must be made not less than monthly and in advance as property taxes are due and payable on motor vehicles.
(d) Notwithstanding any other provision of law, property exempted from property tax as provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3)."
SECTION 3. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) items which lawfully may be purchased with United States Department of Agriculture food coupons, not including restaurant meals."
SECTION 4. The additional sales and use tax imposed by this act applies with respect to sales and use tax taxable events occurring after December 31, 1998. The tax imposed by this act does not apply to taxes paid in installments on leases executed before 1999, nor does it apply to the gross proceeds of sales of tangible personal property delivered after December 31, 1998, either under the terms of a construction contract executed before 1999, or a written bid submitted before 1999 culminating in a construction contract, regardless of when executed, if a verified copy of the contract is filed with the South Carolina Department of Revenue before July 1, 1999. Notwithstanding the January 1, 1999 imposition date of the tax imposed by this act, with respect to services billed regularly on a monthly basis, the tax imposed by this act applies on the first day of the billing period beginning after 1998. The exemption allowed by this act applies for property tax years beginning after 1998. The amendment to Section 12-36-2120 of the 1976 Code as contained in this act takes effect June 1, 1999./
Amend title to conform.
Rep. KOON explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Battle Beck Boan Brown, H. Brown, J. Campsen Carnell Cato Chellis Cooper Cotty Easterday Edge Felder Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Kirsh Law Leach McGee McKay McMaster Meacham Quinn Riser Sandifer Seithel Sharpe Smith, D. Smith, R. Tripp Trotter Vaughn Webb Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Bauer Baxley Bowers Breeland Brown, G. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Dantzler Davenport Delleney Fleming Gamble Gourdine Govan Harris Harvin Hines, J. Howard Inabinett Jennings Kennedy Knotts Koon Lanford Lee Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McLeod McMahand Miller Moody-Lawrence Mullen Neal Phillips Pinckney Rhoad Rice Rodgers Scott Sheheen Simrill Smith, F. Smith, J. Spearman Stille Stuart Townsend Walker Whipper Wilder Wilkes Witherspoon
So, the House refused to table the amendment.
I was temporarily out of the chamber when the tabling vote was taken. I would have voted to table #9.
Rep. MICHAEL S. WHATLEY
Rep. HASKINS spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
The SPEAKER granted Rep. BYRD a leave of absence for the remainder of the day.
Rep. KNOTTS continued speaking.
Rep. WILKES spoke in favor of the amendment.
Rep. MEACHAM spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Bowers Breeland Brown, T. Cave Cobb-Hunter Cromer Davenport Delleney Fleming Gamble Govan Howard Inabinett Kennedy Knotts Koon Lanford Lee Littlejohn Lloyd Mack McCraw McLeod McMahand Miller Moody-Lawrence Neal Pinckney Rhoad Scott Sheheen Spearman Stille Stuart Whatley Whipper Wilder Wilkes
Those who voted in the negative are:
Askins Bailey Barfield Barrett Battle Baxley Beck Boan Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Easterday Edge Felder Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Law Leach Maddox Martin Mason McGee McKay McMaster Meacham Mullen Neilson Phillips Quinn Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Townsend Tripp Trotter Vaughn Walker Webb Wilkins Witherspoon Woodrum Young Young-Brickell
So, the amendment was rejected.
Rep. EASTERDAY proposed the following Amendment No. 11 (Doc Name P:\AMEND\PT\1851HTC.98), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-460. (A) As used in this section:
(1) 'Local base payment' means an amount equal to the revenues actually collected in calendar year 1998 by a taxing entity from property tax on motor vehicles.
(2) 'Motor vehicle' means every vehicle which is self-propelled, including a motorcycle, which is required to be registered and licensed pursuant to Chapter 3 of Title 56 and which is assessed for property tax pursuant to Section 1(8), Article X of the Constitution of this State and Section 12-43-220(f).
(3) 'Taxing entity' means a county, municipality, school district, or special purpose or public service district.
(4) 'Total base payment' means an amount equal to the total revenues actually collected in calendar year 1998 by all taxing entities in this State from property tax on motor vehicles.
(5) 'Trust fund' means the Motor Vehicle Tax Relief Trust Fund established pursuant to subsection (B) of this section.
(6) 'State Motor Vehicle Tax Reimbursement' means the reimbursement allocated monthly to a county for its taxing entities to reimburse for the exemptions allowed by this section. The allocation to a county is determined by the Director of the Department of Revenue for each fiscal year by multiplying trust fund revenues by the proportion that the local base payment of all county taxing entities is of the total base payment.
(B) There is established in the State Treasury the Motor Vehicle Tax Relief Trust Fund, separate and distinct from all other funds, to which must be credited amounts provided in subsection (C) of this section. Revenues in this Trust Fund must be used to provide taxing entities the reimbursement required pursuant to this section for property tax not collected because of the exemption allowed by this section. The Trust Fund is administered by the Comptroller General. Earnings on the trust fund must be credited to the general fund of the State.
(C) Annually, the Board of Economic Advisors shall remove from its estimated revenue projection for the succeeding fiscal year an amount equal to fifteen percent of projected year-to-year recurring general fund growth plus the total of all amounts previously credited to the Trust Fund, but not more than the total personal property base payment. This amount is automatically credited to the Trust Fund for the applicable fiscal year, is not available for appropriation, and is not considered part of the general fund of the State except for the purpose of calculating amounts which annually must be credited to the Trust Fund. Amounts credited must be earmarked from state income tax revenues.
(D) From revenue credited to the Trust Fund for a fiscal year, each county must be allocated monthly its state motor vehicle tax reimbursement.
(E)(1) During the phase-in of the exemption allowed by this section:
(a) the county auditor shall adjust the millage imposed by county taxing entities on personal property to a uniform millage, which when added to the taxing entity's reimbursement under this section, does not exceed the taxing entity's local base payment.
(b) Based on the State Motor Vehicle Property Tax Reimbursement, the county auditor shall calculate and prescribe a percentage reduction on each personal property tax bill falling due in the applicable fiscal year, reducing liabilities in the following order:
(i) school operating millage on motor vehicles;
(ii) school bonded indebtedness and lease purchase payments for school construction and renovation millage on motor vehicles;
(iii) all other millage on motor vehicles.
Liability in each category must be eliminated before reductions are applied to the remaining categories.
(2) From the State Motor Vehicle Tax Reimbursement, each taxing entity in the county must be reimbursed monthly for revenues not collected by it because of the percentage reduction on the personal property tax it otherwise would receive.
(3) When motor vehicles are wholly exempt, each taxing entity shall receive a monthly reimbursement equal to one-twelfth of its local base payment.
(F) Notwithstanding any other provision of law, motor vehicles exempted from property tax as provided in this section are considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15, Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to Section 59-20-20(3). However, only that assessed value applicable for such property for the 1998 property tax year may be so considered."
SECTION 2. Except where otherwise provided, this act takes effect upon ratification of an amendment to the Constitution of this State providing for the separate assessment of property taxes on all personal property pursuant to Section 1A, Article X of the Constitution of this State and which fixes the millage imposed on such property to no more than the millage rate imposed on it for property tax years beginning in 1998. Upon such ratification, the exemption allowed pursuant to Section 12-37-460 of the 1976 Code, as added by this act, first applies for motor vehicle tax years beginning after June, 1999. Regardless of the effective date of this act, no refund is allowed for the exemption allowed by this act as a result of an effective date occurring after June, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. BAILEY moved to table the amendment.
Rep. EASTERDAY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Bauer Beck Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Edge Felder Fleming Gamble Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Law Leach Lee Maddox Martin Mason McCraw McGee McKay McMahand McMaster Meacham Mullen Phillips Quinn Rhoad Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, F. Smith, J. Smith, R. Spearman Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Battle Baxley Boan Bowers Breeland Brown, G. Brown, T. Cave Cobb-Hunter Cromer Davenport Delleney Easterday Govan Hamilton Lanford Littlejohn Lloyd Loftis Mack McLeod Miller Moody-Lawrence Neal Neilson Pinckney Rice Robinson Sheheen Smith, D. Stille Stuart Vaughn Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. ROBINSON, SPEARMAN, KENNEDY, RICE, BOAN, TROTTER, WEBB and CAVE proposed the following Amendment No. 12 (Doc Name P:\AMEND\JICs\5470HTC.98), which was adopted.
Amend the bill, as and if amended, Section 12-37-460(A)(1), as contained in Section 1, page 2, by adding on line 7 / It also includes amounts allowed as a credit against personal property tax pursuant to Article 1, Chapter 10 of Title 4 in calendar year 1998. /
Amend further, Section 12-37-460(A)(5), page 2, by adding on line 21:
/It also includes amounts allowed as a credit against personal property tax pursuant to Article 1, Chapter 10 of Title 4 in calendar year 1998./
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. CROMER moved to recommit the Bill.
Rep. QUINN moved to table the motion.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barrett Battle Bauer Baxley Beck Bowers Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Edge Felder Fleming Gamble Gourdine Harris Harrison Harvin Haskins Hawkins Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Littlejohn Maddox Martin Mason McAbee McCraw McGee McKay McMahand McMaster Meacham Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Riser Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Boan Breeland Brown, G. Brown, T. Cave Cromer Davenport Easterday Hamilton Lloyd Mack McLeod Miller Neal Rice Robinson Sheheen Smith, F. Stille Stuart Vaughn Wilder Wilkes
So, the motion to recommit was tabled.
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:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stuart Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Cobb-Hunter Cromer Lloyd Mack Neal Sheheen Smith, F. Stille
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. J. BROWN moved that the House recur to the morning hour, which was agreed to.
The following was received from the Senate.
Columbia, S.C., April 1, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4346:
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
and asks for a Committee of Conference and has appointed Senators Patterson, Hutto and Ravenel of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. LITTLEJOHN, STUART and NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4917 -- Reps. McMahand, Vaughn, Tripp, Leach, Haskins, Wilkins, Hamilton, Cato and F. Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 291 AND U.S. 25 SOUTH IN GREENVILLE COUNTY THE "DR. MARTIN LUTHER KING, JR. MEMORIAL HIGHWAY".
Ordered for consideration tomorrow.
The following was introduced:
H. 4935 -- Reps. Jordan, Altman, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Campsen, Canty, Carnell, Clyburn, Cooper, Cotty, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Haskins, M. Hines, Kelley, Koon, Leach, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, Miller, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, R. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS SUPPORT AND ENCOURAGEMENT FOR THE STATE BOARD OF EDUCATION TO ADOPT A RESOLUTION WHICH WOULD AUTHORIZE EACH SCHOOL IN SOUTH CAROLINA TO ALLOW ITS STUDENTS TO VOTE TO POST A COPY OF THE TEN COMMANDMENTS IN THE LOBBY OF THEIR SCHOOL WITHOUT USING PUBLIC FUNDS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4936 -- Reps. Knotts, Bauer, Inabinett, Lloyd, Harrison, J. Smith, Campsen, Dantzler, Rodgers, Byrd, Rice, Scott, Sandifer, Fleming, Bailey, Spearman, Law, McKay, G. Brown, R. Smith, Kennedy, Chellis, Stuart, Whatley, Vaughn, Koon, Mullen, Klauber, Martin, Jordan, Robinson, Barrett, Hinson, Allison, McCraw, Battle, Neilson, Keegan, Limehouse, Altman, Tripp, Kinon, Jennings, Boan, Lanford, Leach, Phillips, Wilkes, Kirsh, Kelley and Hawkins: A HOUSE RESOLUTION TO RECOGNIZE CHRIS G. HITOPOULOS OF RICHLAND COUNTY FOR OVER FIFTY-FIVE YEARS OF OUTSTANDING LEADERSHIP, UNPARALLELED VOLUNTEER COMMITMENT, AND EXCEPTIONAL CONTRIBUTIONS TO THE SPORT OF BOXING IN THE STATE OF SOUTH CAROLINA.
The Resolution was adopted.
The following was introduced:
H. 4937 -- Reps. McLeod, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF FORMER REPRESENTATIVE JOHN SUMMER HUGGINS OF NEWBERRY COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4938 -- Reps. Barfield, Inabinett, Robinson, Rodgers, Byrd, J. Brown, Davenport, Keegan and Edge: A CONCURRENT RESOLUTION REQUESTING THE FEDERAL COMMUNICATIONS COMMISSION (FCC) TO RESCIND THE UNIVERSAL SERVICE FUND AND PRESUBSCRIBED INTEREXCHANGE CARRIER CHARGES PROMULGATED BY THE FCC PURSUANT TO THE TELECOMMUNICATIONS ACT OF 1996.
Referred to Committee on Invitations and Memorial Resolutions.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4939 -- Reps. Tripp, Wilkins, Haskins, McMahand and F. Smith: A JOINT RESOLUTION TO REQUIRE COLONIAL PIPELINE SETTLEMENT REVENUES TO BE CREDITED TO THE MITIGATION TRUST FUND FOR ENVIRONMENTAL CLEANUP OF THE REEDY RIVER.
Rep. TRIPP asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. T. BROWN objected.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. JORDAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4919 -- Reps. Whatley, Harrell, Altman, Limehouse, Campsen, Seithel, Breeland, Mack, Whipper, Chellis, Dantzler, Inabinett, Allison, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Canty, Carnell, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Littlejohn, Lloyd, Loftis, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO CONGRATULATE MR. AND MRS. ROBERT O. PARRY OF CHARLESTON UPON THE OCCASION OF THEIR SEVENTIETH WEDDING ANNIVERSARY ON APRIL 29, 1998.
H. 4920 -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH MIKE JOHNSON OF GEORGETOWN HIGH SCHOOL ON THE OCCASION OF HIS FIVE HUNDREDTH CAREER BASEBALL WIN AND TO EXPRESS APPRECIATION FOR HIS TWENTY-EIGHT YEARS OF CONTRIBUTION TO THE GROWTH AND MATURITY OF HUNDREDS OF YOUNG PEOPLE.
H. 4921 -- Rep. T. Brown: A CONCURRENT RESOLUTION TO CONGRATULATE COACH JERRY HARWELL AND THE HEMINGWAY HIGH SCHOOL TIGERS FOR THEIR AA STATE BASKETBALL CHAMPIONSHIP AND TO EXPRESS THE PRIDE OF THIS STATE IN THEIR OUTSTANDING ATHLETIC ACHIEVEMENT.
H. 4924 -- Reps. Bauer and J. Smith: A CONCURRENT RESOLUTION CONGRATULATING BOB ANDREWS MOTORS, INC., OF COLUMBIA ON SEVENTY-FIVE YEARS OF OUTSTANDING SERVICE TO THE RESIDENTS OF THE MIDLANDS.
At 6:30 P.M. the House in accordance with the motion of Rep. HAMILTON adjourned in memory of Mary S. Conser of Greenville, to meet at 10:00 A.M. tomorrow.
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