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 our Father, we come with joyful hearts in the knowledge of Your continuous blessings. And as we move into the waiting tasks of this day, give us high hopes, fruitful faith and glorious goals. When differences arise, give us understanding; when difficulties burst upon us, cause us to falter not: when testing roll over us, may we not allow ourselves to give in to frustration or give out in futility. Keep us strong in the knowledge that You are "our Refuge and Strength", in You will we trust. Grant us light by which to see, charity by which to live, and courage by which to act.
ln the Name of Jesus we pray. 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.
The following was received.
April 24, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1131)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on April 24, 1989 regulations concerning Late Fees from the State of South Carolina Auctioneers' Commission.
They are hereby referred to the Committee on Labor, Commerce and Industry for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
April 25, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1119)
House of Representatives
Dear Mrs. McKinney:
The South Carolina State Board of Registration for Geologists is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to the Practice of Geologists. These regulations have been referred to the Committee on Agriculture and Natural Resources.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964 authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand 10.00
Total number of Manuals sold from
February 12, 1988 to April 26, 1989
2968 @ $4.00 each 11,872.00
Total $ 11,882.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 11,872.00
Total $ 11,882.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
April 26, 1989
Received as information.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., April 25, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3259:
H. 3259 -Reps. Snow, Bruce, G. Brown and Barfield: A BILL TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGHMASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3692 -- Reps. M.O. Alexander, M.D. Burriss, Wilder, Mappus, Rama, Holt, Quinn, Taylor, Faber, Fair, McBride, Hearn, McKay, Klapman, L. Martin, Cork, McLeod, Manly, Blackwell, Phillips, Sturkie, Neilson, Corning, J. Bailey, Baxley, G. Bailey, T.C. Alexander, Baker, Fant, Mattos and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-15 SO AS TO REQUIRE A LICENSED INSURER WHO DECIDES TO CEASE DOING BUSINESS FOR ANY LINE OR SUBLINE OF INSURANCE TO NOTIFY ALL POLICYHOLDERS OF THIS FACT AT LEAST NINETY DAYS BEFORE THE ANNIVERSARY OF THE POLICY AND PROHIBIT THE CHIEF INSURANCE COMMISSIONER FROM RETURNING SECURITIES DEPOSITED UNLESS THE INSURER COMPLIES WITH THIS SECTION.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3933 -- Rep. R. Brown: A BILL TO AMEND SECTIONS 37-2-201 AND 37-3-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT SERVICE AND LOAN FINANCE CHARGES SO AS TO PROVIDE THAT A LENDER WHO HAS FILED RATES BUT HAS NOT POSTED THEM IS ONLY SUBJECT TO A FINE FOR THE FIRST OFFENSE IN ANY THIRTY-SIX MONTH PERIOD.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, and Reps. WELLS, L. MARTIN and NEILSON, for the minority, submitted an unfavorable report, on:
H. 3796 -- Reps. Cork, White, Bennett, Holt, Blanding, J. Brown, Limehouse, T. Rogers, Taylor, Felder, Rama, Keyserling, McCain, D. Williams, Faber, Glover and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 52 SO AS TO PROVIDE FOR THE PARI-MUTUEL SPORTS ACT BY ESTABLISHING PURPOSES, DEFINITIONS, THE RACING COMMISSION AND ITS POWERS AND DUTIES, RACETRACK MEETINGS, TESTING, LICENSING, DISTRIBUTION OF MONEY, TAXES, RACING DAYS, SOUTH CAROLINA RACES, WAGERING, THE APPLICATION TO STATE AND COUNTY FAIRS, EJECTION AND EXCLUSION FROM A RACETRACK, RELATED OFFENSES, PENALTIES, BUSINESS CONDUCTED ON LICENSED PREMISES, AND REVIEW OF THE COMMISSION; AMEND THE 1976 CODE BY ADDING SECTION 16-19-170 SO AS TO PROVIDE THAT CONDUCT AUTHORIZED BY THIS ACT IS LEGAL AND SECTION 32-1-60 SO AS TO PROVIDE FOR CONTRACT LAW NOT TO APPLY TO CONTRACTS AUTHORIZED PURSUANT TO THIS ACT; REPEAL SECTIONS 52-5-10 THROUGH 52-5-40 RELATING TO HORSE RACING; ADD THE OFFENSES PROVIDED IN THIS ACT TO THE LIST OF FELONIES IN SECTION 16-1-10; PROVIDE FOR A STATEWIDE REFERENDUM ON HORSE AND GREYHOUND RACING WITH PARI-MUTUEL WAGERING; PROVIDE FOR THE COMMISSION'S INITIAL TERMS; AND PROVIDE FOR THE ACT'S EFFECTIVE DATE AFTER THE REFERENDUM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3797 -- Reps. Tucker, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Blackwell, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Felder, Ferguson, Foster, Gentry, Hallman, J. Harris, P. Harris, Harvin, Haskins, Hayes, Hearn, Hendricks, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Klapman, Koon, Lanford, Limehouse, Littlejohn, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Rudnick, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, D. Williams, J. Williams, Winstead, Wofford, Wright and Wilkins: A BILL TO AMEND SECTION 44-53-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENFORCEMENT OF LAWS PERTAINING TO ILLICIT TRAFFIC IN CONTROLLED AND COUNTERFEIT SUBSTANCES, SO AS TO PROVIDE FOR UNIFORM PROCEDURES FOR FORFEITED SUBSTANCES AND PROPERTY TO BE USED BY LAW ENFORCEMENT OFFICERS OF THE STATE AND ITS POLITICAL SUBDIVISIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3872 -- Reps. Wilkins, Baxley, Barber, Hodges, Corning, Sheheen, Hayes, Cole, Nettles, Beasley, McEachin and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-380 SO AS TO ALLOW STATE-EMPLOYED ATTORNEYS TO ENGAGE IN PRO BONO REPRESENTATION UNDER A PRO BONO PROGRAM ORGANIZED, SPONSORED, OR ENDORSED BY THE SOUTH CAROLINA BAR AND TO ESTABLISH REQUIREMENTS FOR THE REPRESENTATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3792 -- Rep. McLellan: A BILL TO AMEND SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS BY THE GENERAL ASSEMBLY IN EVEN-NUMBERED YEARS, SO AS TO PROVIDE THAT THESE BONDS, BEGINNING IN 1991, MAY BE AUTHORIZED IN ODD-NUMBERED INSTEAD OF EVEN-NUMBERED YEARS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3491 -- Reps. McAbee, Kirsh, McLellan and Boan: A BILL TO REPEAL SECTION 11-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD APPROVE AN INTEREST RATE IN EXCESS OF SEVEN PERCENT A YEAR ON OBLIGATIONS OF PUBLIC BODIES ALLOWED BY LAW TO INCUR DEBT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3216 -- Rep. Boan: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, TO EXEMPT THE POOL FROM TAXATION, AND TO ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, AND TO AMEND SECTION 38-71-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES OF GROUP HEALTH POLICIES, SO AS TO REVISE THESE CONTINUATION OR CONVERSION PRIVILEGES AND DELETE PROVISIONS RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICIES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 509 -- Senators Wilson, Thomas and Rose: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO INCREASE THE FEDERAL INCOME TAX EXEMPTION FOR DEPENDENT CHILDREN TO FIVE THOUSAND DOLLARS BY 1995 WITH AN IMMEDIATE INCREASE TO THREE THOUSAND DOLLARS AND TO ALLOW A FEDERAL INCOME TAX CREDIT OF ONE THOUSAND DOLLARS FOR EACH CHILD UNDER FIVE YEARS OF AGE IN LOW-INCOME, WORKING FAMILIES IN WHICH AT LEAST ONE PARENT IS EMPLOYED.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 720 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. ELIZA JANE BURGESS BINES OF GABLE IN CLARENDON COUNTY WHO WAS ONE HUNDRED TWO YEARS OF AGE WHEN SHE DIED ON SATURDAY, APRIL 15, 1989.
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:
S. 482 -- Senator Lee: A BILL TO AMEND SECTION 38-43-20, CODE OF LAWS OF SOUTH CAROLINA, 1976 RELATING TO WHEN LICENSES OF INSURANCE AGENT'S ARE NOT REQUIRED, SO AS TO PROVIDE THAT CERTAIN AGENCY OFFICE EMPLOYEES ARE NOT REQUIRED TO BE LICENSED.
Referred to Committee on Labor, Commerce and Industry.
S. 518 -- Senator McConnell: A BILL TO AMEND SECTION 44-23-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AS TO A PERSON'S FITNESS TO STAND TRIAL, SO AS TO INCLUDE CIVIL CONTEMPT IN THE CHARGES AGAINST HIM AND DELETE THE REFERENCE TO THE COUNTY COURT.
Referred to Committee on Judiciary.
S. 521 -- Senators Nell W. Smith, Giese and Rose: A BILL To AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 7, TITLE 44 SO AS TO PROVIDE FOR THE INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS ACT BY SETTING FORTH DEFINITIONS MEMBERS AND REQUIREMENTS OF A STATE INTERAGENCY COORDINATING COUNCIL RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INCLUDING A COMPREHENSIVE INTERAGENCY SYSTEM, REQUIREMENTS OF AN INDIVIDUALIZED FAMILY SERVICE PLAN, CHANGES FOR EARLY INTERVENTION SERVICES, FINANCIAL RESOURCES, AND EVALUATION OF THE COMPREHENSIVE SERVICE SYSTEM.
On motion of Rep. MOSS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
Referred to Committee on Agriculture and Natural Resources.
S. 668 -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 101, TITLE 69, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN ON OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE A REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
Referred to Committee on Ways and Means.
S. 671 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3, SO AS TO DELETE PROVISIONS WHICH STIPULATE WHEN ELECTED MEMBERS OF THE BOARD TAKE OFFICE, WHAT PUBLIC NOTICE OF THE ELECTIONS IS REQUIRED, AND THE DATES BY WHICH A CANDIDATE MUST FILE NOTICE OF HIS CANDIDACY.
Referred to York Delegation.
S. 686 -- General Committee: A BILL TO AMEND SECTION 40-6-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR AUCTIONEERS AND AUCTION FIRMS, SO AS TO PROVIDE THAT THE LICENSE FEES FOR AUCTIONEERS, APPRENTICE AUCTIONEERS, AND AUCTION COMPANIES ARE ONE HUNDRED FIFTY DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
S. 687 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO APPEALS AND HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 688 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO BOXING, KICK-BOXING WRESTLING AND CLOSED CIRCUIT TELEVISION DESIGNATED AS REGULATION DOCUMENT NUMBER 1121, PURSUANT TO THE PROVISIONS OF ARTICLE 1 CHAPTER 23, TITLE I OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was take resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Kay Keegan Keesley Keyserling Kirsh Klapman Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Taylor Townsend Tucker Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the
Session on April 26, 1989.
Larry Gentry C. Lenoir Sturkie
Joseph McElveen B.J. Gordon
Steve Lanford Gene Stoddard
Irene K. Rudnick James W. Johnson, Jr.
James H. Hodges L. Edward Bennett
Larry Koon Paul M. Burch
Lewis Vaughn James E. Lockemy
E.B. McLeod George H. Bailey
Robert Kohn Alex Harvin III
STATEMENT OF ATTENDANCE
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call and was present for the Session on Tuesday, April 26, 1989.
Announcement was made that Dr. Robert T. Cutting of North Augusta is the Doctor of the General Assembly.
On motion of Rep. MOSS, with unanimous consent, the following Joint Resolution was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Labor, Commerce and Industry.
S. 615 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1095, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following was introduced:
H. 3969 -- Reps. Waites and Tucker: A HOUSE RESOLUTION SEEKING THE HOLDING IN ABEYANCE OF ANY FURTHER ACTION ON THE PROCESSING OF THE CONTRACT FOR THE CONSTRUCTION OF THE NEW CENTRAL CORRECTIONAL INSTITUTION IN LEE COUNTY UNTIL AN OPINION CAN BE ISSUED ON MATTERS CONCERNING THE CONTRACT.
Rep. WAITES explained the Resolution.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3970 -- Reps. Baxley, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION COMMENDING MR. WILLIAM RAMBORGER, TRACK COACH AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND IN SPARTANBURG, FOR HIS DEDICATION AND OUTSTANDING ACCOMPLISHMENTS OVER THE YEARS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3971 -- Reps. Baxley, Cole, Davenport, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION CONGRATULATING MILLIE WILLIAMS, A JUNIOR AT THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND IN SPARTANBURG, UPON WINNING A GOLD MEDAL AT THE WORLD GAMES FOR THE DEAF AT CHRIST CHURCH, NEW ZEALAND.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 657 -- Senator Moore: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO PROVIDE THAT THE JURY AREAS IN AIKEN COUNTY CONFORM TO CERTAIN PRECINCT LINES.
H. 3704 -- Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Fair, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.
H. 3452 -- Reps. Harvin, T. Rogers, McBride, Snow, Mappus, Rama, Hallman, Wilkes, Corning, Kohn, White, Keegan, McKay, Haskins, Farr, Phillips, Barfield and Neilson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.
Rep. WILKINS explained the Bill.
S. 328 -- Senator Lourie: A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3456 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-55 SO AS TO PROVIDE A PROCEDURE FOR HOLDING, ADVERTISING, AND RETURNING A PISTOL TO THE PERSON WHO FOUND AND TURNED THE PISTOL IN TO A LAW ENFORCEMENT AGENCY.
H. 3612 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES.
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1896, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOIL SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
H. 3272 -- Reps. Rudnick, Harvin, Holt, G. Brown, Klapman and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
H. 3300 -- Reps. Rudnick, Harvin, Whipper, Keegan and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME:, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.
H. 3621 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT).
H. 3725 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
Rep. KEYSERLING moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.
H. 3224 - Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 224 -- Judiciary Committee: A BILL TO REPEAL SECTION 8-3-20, CODE OF LAWS OF SOUTH: CAROLINA, 1976, WHICH REQUIRES AN ADDITIONAL OATH FOR COUNTY OFFICERS WITH REGARD TO SHARING PROFITS.
S. 280 -- Senator J. Verne smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-583 SO AS TO PROVIDE FOR REIMBURSEMENT, UP TO ONE THOUSAND DOLLARS, TO CRIMESTOPPERS, INC., FOR MONEY PROVIDED FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS AND SUBSEQUENT CONFISCATION AND FORFEITURE OF MONIES IN NARCOTICS INVESTIGATIONS.
S. 396 -- Senators Hinds and Long: A BILL TO AMEND SECTION 44-79-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES, SO AS TO DELETE "GOLF COURSE" FROM THE DEFINITION OF "MAJOR FACILITY".
S. 526 - Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 253 -- Senators Leatherman, Land and Saleeby: A BILL TO AMEND SECTION 42-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, CONDUCT OF HEARING, AND AWARD, SO AS TO PROVIDE A PROCEDURE FOR THE HEARING AND DETERMINATION OF CLAIMS OF MEMBERS OF THE WORKERS' COMPENSATION COMMISSION, MEMBERS OF THEIR FAMILIES, OR EMPLOYEES OF THE COMMISSION, EXCEPT CLAIMS INVOLVING MEDICAL BENEFITS ONLY.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 276 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-39-635 SO AS TO PROVIDE FOR JUDICIAL SALES OF REAL PROPERTY IN COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY.
S. 4 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
H. 3646 -- Reps. Waites, Mattos, White, Washington, Harvin, Littlejohn, J. Bailey, Davenport, Elliott and Keegan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PROBATE FEES AND COSTS AND SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO REVISE THE PROVISIONS OF THE SECTION, INCLUDING DELETING CERTAIN PROVISIONS AND INCREASING VARIOUS FEES AND COSTS.
Rep. KIRSH explained the Bill.
Rep. O. PHILLIPS objected to the Bill.
Rep. KIRSH continued speaking.
Reps. KIRSH and FABER objected to the Bill.
The following Bill was taken up.
S. 61 -- Senator Stilwell: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE WHICH IS EITHER THE ADDRESS SHOWN ON THE DEED CONVEYING THE PROPERTY TO HIM OR THE PROPERTY ADDRESS.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 25, by Rep. KIRSH.
Rep. KIRSH explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 27, which was adopted.
The following Bill was taken up.
H. 3658 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY; TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION l6-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS AND TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE EFFECTIVE JULY 1, 1989.
Rep. HUFF proposed the following Amendment No. 1 (Doc. No. 3907U), which was adopted.
Amend the bill, as and if amended, by striking Section 16-3-1230(2) of the 1976 Code and inserting:
/(2) A claim must be filed by the claimant not later than one hundred eighty days after the occurrence of the crime upon which the claim is based or not later than one hundred eighty days after the death of the victim or intervener latest of the following three events:
(a) the occurrence of the crime Upon which the claim is based:
(b) the death of the victim: or
(c) the discovery by the law enforcement agency that the occurrence was the result of crime. Upon good cause shown, the Deputy Director may extend the time for filing may be extended for a period not to exceed two four years after such the occurrence or death. 'Good cause' for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund but does not mean simply ignorance of the law./
Amend further, as and if amended, by striking Section 6 and inserting:
/SECTION 6. This act takes effect July 1, 1989./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The SPEAKER granted Rep. KEESLEY a leave of absence.
Rep. WILKINS continued speaking.
The Amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HAYES moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted.
S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 123-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.
The following Bill was taken up.
S. 346 -- Senators Land, Lourie and Leatherman: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.
Rep. HEARN moved to table the Bill, which was agreed to.
T he following Bill was taken up.
H. 3728 -- Reps. Hearn, Hallman, Mappus, T. Rogers, Barber, Sturkie, M.D. Burriss, Klapman, Holt, Waites, T.M. Burriss, Nesbitt, Washington, J. Bailey, Whipper, Corning, Keyserling, Haskins, Wells, Wright and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6787k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. The 1976 Code is amended by adding to Title 56:
Section 56-28-10. As used in this chapter:
(1) 'Consumer' means the purchaser or lessor, other than for purposes of resale, of a motor vehicle normally used for personal, family, or household purposes and subject to the manufacturer's express warranty, and any other person entitled by the warranty to enforce the obligations of the warranty.
(2) 'Manufacturer' means any person, resident, or nonresident, who manufactures or assembles or imports or distributes new motor vehicles which are to be sold in the State.
(3) 'Manufacturer's express warranty' or 'warranty' means the written warranty, so labeled, of the manufacturer of a new motor vehicle, including any terms or conditions precedent to the enforcement of obligations under that warranty.
(4). 'Motor vehicle' means a passenger motor vehicle, as classified by Section 66-3-630, but excluding the living portion of recreational vehicles, trucks with a gross vehicle weight over six thousand pounds and off road vehicles, which is sold and registered in this State.
(5) A 'new motor vehicle' means a passenger motor vehicle which has been sold to a new motor vehicle dealer by a manufacturer and which has not been used for other than demonstration purposes and on which the original title has not been issued from the new motor vehicle dealer.
(6) 'Nonconformity' means a defect or condition that substantially impairs the use, value, or safety of a motor vehicle, but does not include a defect or condition that results from an accident, modification, or alteration of the motor vehicle by persons other than the manufacturer or its authorized service agent.
Section 56-28-20. Every manufacturer, in a format and on a form that must be mailed annually to each manufacturer approved by the Administrator of the Department of consumer Affairs, shall provide a written summary of all motor vehicles repurchased or replaced under this chapter no less than once each calendar year. In addition, every manufacturer shall make available any paperwork, reports, or other information regarding vehicles subject to this chapter upon request by the administrator. Failure to supply either the written summaries of repurchased vehicles or report to reasonable requests for information by the administrator subjects the manufacturer to an administrative penalty not to exceed one thousand dollars for each violation which the administrator in his discretion may impose.
Section 56-28-30. If a new motor vehicle does not conform to all applicable express warranties within the first twelve months of purchase or the first twelve thousand miles of operation, whichever occurs first, and the consumer reports the nonconformity to the manufacturer or its agent during the term of the express warranties, the manufacturer, or its agent, shall make those repairs as are necessary to conform the vehicle to the express warranties at no cost to the consumer, notwithstanding the fact that the repairs are made after the expiration of the term.
Section 56-28-40. If, within the term specified in section 56-28-30, the manufacturer, through its agents or authorized dealer, is unable to conform the motor vehicle to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall replace the motor vehicle with a comparable motor vehicle, or at its option, accept return of the vehicle from the consumer and refund to the consumer the full purchase price as delivered including applicable finance charges, sales taxes, license fees, registration fees, and any other similar governmental charges, less a reasonable allowance for the consumer's use of the vehicle. Refunds must be made to the consumer and lien holder, if any, as their interest may appear on the record of ownership kept by the Division of Motor Vehicles. A reasonable allowance for use must be that amount directly attributable to use by the consumer before his first report of the nonconformity to the manufacturer, agent, or dealer, and must be calculated by multiplying the full purchase price of the vehicle by a fraction having as its denominator one hundred twenty thousand and having as its numerator the number of miles that the vehicle traveled before the first report of nonconformity. The consumer is not entitled to a refund or replacement if:
(1) the nonconformity does not substantially impair the motor vehicle's use, market value, or safety;
(2) the nonconformity is the result of abuse, neglect, or modification or alteration of the motor vehicle by the consumer.
Section 56-28-50. (A) It is presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to the applicable express warranties if:
(1) the same nonconformity has been subject to repair three or more times by the manufacturer, or its agent, within the express warranty term, but the nonconformity continues to exist; or
(2) the vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days during the express warranty. The term of an express warranty, and the twenty-day period must be extended by any period of time during which repair services are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
(B) The manufacturer shall provide information regarding consumer complaint remedies with each new motor vehicle. It is the responsibility of the consumer, or his representative, before availing himself of the provisions of this chapter, to give written notification to the manufacturer of the need for the repair of the nonconformity, in order to allow the manufacturer a final opportunity to cure the alleged defect if the manufacturer has clearly and prominently informed the consumer of the requirement of written notification to the manufacturer at the time of sale. The manufacturer, within ten business days, shall notify the consumer of a reasonably accessible repair facility of a franchised new vehicle dealer to conform the new vehicle to the express warranty. After delivery of the new vehicle to an authorized repair facility by the consumer, the manufacturer shall attempt immediately to repair the vehicle within a period not to exceed ten business days in order to conform the new motor vehicle to the express warranty. If the manufacturer is unable to repair properly the vehicle within the final ten business day period, the manufacturer shall replace the vehicle with an identical or reasonably equivalent vehicle or refund the Purchase price subject to the provisions of Section 56-28-40.
(C) Upon notification from the consumer that the new vehicle has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer as enumerated in Section 56-28-60. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required.
(D) If the consumer finally prevails in any action brought under this Chapter, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses (including attorney's fees based on actual time expended) and other such costs which are directly attributable to the non-conformity of the motor vehicle determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorney's fees would be inappropriate.
(E) All written notifications required by this section shall be sent by registered, certified or express mail.
Section 56-28-60. If a manufacturer has established an informal dispute settlement procedure which substantially complies with Title 16 of the Code of Federal Regulations, Part 703, or if the manufacturer participates in a consumer-industry appeals, arbitration, or mediation panel or board, whose decisions are binding on the manufacturer, the provisions of Section 56-28-40 concerning refunds or replacement do not apply to any consumer who has not first resorted to those procedures or to the alternate procedure provided in Section 56-28-90.
Section 56-28-70. Any action brought under this chapter must be commenced within three years following the date of original delivery of the motor vehicle to the consumer.
Section 56-28-80. Nothing in this chapter may be construed as imposing any liability on a motor vehicle dealer or creating a cause of action by a consumer against a motor vehicle dealer under Section 56-28-40. The manufacturer shall not charge back or require reimbursement by the dealer for any costs, including, but not limited to, any refunds or vehicle replacements incurred by the manufacturer arising out of this chapter in the absence of evidence that the related repairs had been carried out by the dealer in a manner substantially inconsistent with the manufacturer's published instructions.
Section 56-28-90. The Administrator of the Department of Consumer Affairs may establish by regulation a state arbitration board consisting of five members appointed by him to serve at his pleasure. The board shall review matters involving manufacturers that have not created an informal dispute settlement procedure that substantially complies with Title 16 of the Code of Federal Regulations, Part 703. The cost of the arbitration board must be borne by the manufacturer of the vehicle purchased or leased by the consumer.
Section 56-28-100. Any vehicle required to be repurchased by a manufacturer under this chapter or any other provision of law relating to motor vehicle warranties may not be resold, reassigned, or retransferred, either at wholesale or retail in this State, unless:
(1) The manufacturer notifies the Administrator of the Department of Consumer Affairs within thirty calendar days, in writing, of the vehicle identification number of that motor vehicle, the reason that the vehicle was repurchased, and provides a statement that all necessary repairs and adjustments have been made and that the vehicle meets acceptable operating standards.
(2) The manufacturer provides a written warranty to the subsequent retail purchaser of the vehicle covering the vehicle for twelve months or twelve thousand miles. The warranty must expressly include any component related to the manufacturer's decision to repurchase the vehicle.
(3) The manufacturer shall disclose to any dealer or other wholesale purchaser of the fact that the vehicle was required to be repurchased under this chapter or another provision of law relating to motor vehicle warranties.
Section 56-28-110. Every subsequent purchaser must be notified by the seller of the fact that the vehicle was required to be repurchased under the terms of this chapter or another provision of law relating to motor vehicle warranties. Failure to notify properly any purchaser of the requirements of this section subjects the seller to an administrative penalty to be imposed by the administrator up to a maximum of five hundred dollars for each vehicle."
SECTION 2. This act takes effect one hundred twenty days after the approval by the Governor, and applies only to new motor vehicles purchased after the effective date of this act.
Amend title to conform.
Rep. HEARN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3693 -- Rep. J. Rogers: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS, AND TO REVISE THE PENALTIES FOR VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3710U).
Amend the bill, as and if amended, by striking .Section 16-11-920 of the 1976 Code, as contained in SECTION 1, and inserting:
/Section 16-11- 920. Each individual manufacture of recorded devices in contravention of the provisions of Item (1) of S 16-11-910 constitutes a separate offense punishable upon conviction by a fine of not more than five thousand dollars for the first subsequent offense; or by imprisonment for not less than six months nor more than two years for the first offense or by imprisonment for not less than three years nor more than five years for a subsequent offense, or by both fine and imprisonment.
Each individual advertisement, offer for sale or sale or transfer for a consideration of such recorded devices or offer or making available of equipment or machinery in contravention of the provisions of items (2) or (3) of S 16-11-910 constitutes a separate offense punishable upon conviction by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both fine and imprisonment.
(A) A person convicted of an offense under Section 16-11-910 or 16-11-915 must be fined not more than two hundred fifty thousand dollars, imprisoned for not more than five years, or both, if the offense:
(1) involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period: or
(2) is a second or subsequent conviction under Section 16-11-910 or 16-11-915.
(B) A person convicted under Section 16-11-910 or 16-11-915 must be fined not more than two hundred fifty thousand dollars or imprisoned for not more than two years, or both, if the offense involved more than one hundred but less than one thousand unauthorized articles embodying sound or more than ten but less than sixty-five audio visual articles during any one hundred eighty-day period.
(C) A Person convicted under Section 16-11-910 or 16-11- 915 must be fined not exceeding one thousand dollars for a first offense and not exceeding ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than twenty-five unauthorized articles embodying sound or not more than ten audio visual articles during any one hundred eighty-day period.
(D) A person convicted of any other violation of Section 16-11-910 or 16-11- 915 is subject to a fine of not more than twenty-five thousand dollars, imprisonment not to exceed one year, or both.
(E) If a person is convicted of a violation of Section l6-11-910 or 16-11- 915, the court shall order the for forfeiture and destruction or other disposition of:
(1) all infringing articles:
(2) all implements, devices. and equipment used or intended to be used in the manufacture of the infringing articles.
The penalties provided herein are not exclusive but are in addition to any other penalties provided by law./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. J. ROGERS having the floor.
The SPEAKER granted Reps. J. ROGERS, McEACHIN, GENTRY and D. MARTIN a leave of the House to attend Judicial screening Committee meetings.
The Richland Delegation presented the National Champions of the U.S. Youth Games.
The following Bill was taken up.
H. 3739 - Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3822U), which was adopted.
Amend the bill, as and if amended, in Section 4-10-10, as contained in SECTION 1, page 2, by adding two items appropriately numbered to read:
/( ) 'Minimum distribution' means an amount equal to one million five hundred thousand dollars for the first distribution and thereafter adjusted annually on a cumulative basis by a percentage equal to the increase in revenues credited to the Education Improvement Act Fund for the most recently completed fiscal year over the revenues credited to that fund in the preceding fiscal year.
( ) 'Population' means population as determined in the most recent United States Decennial Census./
Amend further, by striking section 4-10-20, as contained in SECTION 1, and inserting:
/Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, 12-35-519, and Article 11 of Chapter 35 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remit taxes under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs./
Amend further by adding in Chapter 10 of Title 4 as contained in SECTION 1:
/Section 4-10-25. The gross proceeds of sales of tangible personal property delivered before the imposition date of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the Tax Commission within six months after the imposition of the local sales and use tax./
Amend further, by striking Section 4-10-50(A)(2), as contained in SECTION 1, page 5, and inserting:
/(2) fifty percent based on population./
Amend further, by striking subsections (A) and (D) of Section 4-10-60, as contained in SECTION 1, beginning on page 5, and inserting:
/(A) At the end of each fiscal year and before August first a percentage, to be determined by the State Treasurer, must be withheld from those county areas collecting five million dollars or more from the sales and use tax authorized by this chapter, and that amount must be distributed to assure that each county area receives a minimum distribution. The difference between the minimum distribution and the actual collections within a county area must be distributed to the eligible units within the county area based on population as provided for in this chapter.
(D) If the total number of county areas adopting the sales and use tax authorized by this chapter, which are projected by the South Carolina Tax Commission to collect five million dollars or more, generate fifty percent or less of the projected total statewide collections from the levy of a one percent sales and use tax, then those county areas generating five million dollars or more must be assessed five percent of the amount generated in the county area, and that amount must be used as a supplement to those county areas generating less than the minimum distribution. The supplement to those county areas generating less than the minimum distribution must be distributed so that each county area receives an amount equal to what its percentage of population bears to the total population in all of the county areas generating less than the minimum distribution which have implemented the sales and use tax authorized by this chapter. Once the amount of the supplement has been determined for each of the county areas to be supplemented, then the supplement must be distributed to the eligible units within the county area based on population as provided for in this chapter. However, the supplement to the county area combined with collections within the county area may not exceed the minimum distribution./
Amend further, by striking Section 4-10-80, as contained in SECTION 1, page 7, and inserting:
/Section 4-10-80. Annually by August fifteenth the State Treasurer shall report to the county chief administrative officers, county treasurers, and municipal clerks in those county areas which levy the sales and use tax authorized by this chapter the total amount of revenue collected as reported by the Tax Commission in the county area for the preceding fiscal year./
Amend further, by striking subsections (A) and (C) of Section 4-10-90, as contained in SECTION 1, and inserting:
/(A) The Tax Commission shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12. The commission may prescribe forms and promulgate regulations in conformity with this chapter, including tables prescribing the amount to be added to the sales price. The county shall notify the Tax Commission and the State Treasurer through delivery of a certified copy of a resolution adopted by the county following the referendum within ten days of the date of the referendum for the tax to be imposed at the beginning of the next quarter. Failure to deliver the resolution within the ten days shall cause a delay of the imposition until the first day of the subsequent calendar quarter. Notwithstanding the provisions of this subsection, the local sales and use tax may not be imposed before July first following the first referendum held pursuant to Section 4-10-30.
(C) The Tax Commission shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. Anyone violating this section is subject to the penalties provided in Section 12-54-240. If because of refunds by the Tax Commission or for any other reason, an overpayment is made to a county or municipality, the State Treasurer shall withhold from subsequent payments a sufficient amount to adjust for the overpayment and direct funds to the proper entity. However, all corrections of allocations from the Local Sales and Use Tax Fund must be made within the current fiscal year./
Renumber to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. McLELLAN continued speaking.
Rep. BAXLEY asked unanimous consent that the time of the speaker be extended ten minutes, which was agreed to.
Rep. McLELLAN continued speaking.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. CORBETT moved to table the amendment.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Beasley Brown, H. Bruce Cooper Corbett Davenport Fant Ferguson Glover Kirsh Koon Lanford Limehouse Littlejohn McKay Moss Neilson Quinn Rudnick Vaughn Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Corning Derrick Elliott Faber Fair Farr Felder Foster Gordon Gregory Hallman Harris, J. Harris, P. Harvin Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Kohn Manly Mappus Martin, L. Mattos McAbee McBride McCain McElveen McGinnis McLellan McTeer Nesbitt Nettles Rama Rhoad Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Waites Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wright
So, the House refused to table the amendment. Rep. BAXLEY spoke against the amendment.
Rep. FERGUSON spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Bennett Blanding Boan Brown, G. Brown, J. Burch Carnell Clyborne Cole Cork Corning Elliott Faber Farr Felder Foster Gordon Gregory Hallman Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Kohn Lockemy Manly Mappus Martin, L. McAbee McBride McCain McElveen McGinnis McLellan McTeer Nesbitt Nettles Rama Rhoad Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Waites Whipper White Wilder Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Baxley Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Corbett Davenport Fair Fant Ferguson Glover Hearn Kirsh Koon Lanford Limehouse Littlejohn Mattos McKay Moss Neilson Quinn Rudnick Taylor Vaughn Washington Wells Wofford
So, the amendment was adopted.
Rep. FAIR moved that the House recede until 2:00 P.M., which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 2:00 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. O. PHILLIPS a temporary leave of absence for the remainder of the day to attend his brother-in-law's funeral.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 3903U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-30(C), as contained in SECTION 1, page 3, line 22, by striking /twelve/ and inserting /twenty-four/.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 23.
Rep. KIRSH proposed the following Amendment No. 3 (Doc. No. 3904U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-40, as contained in SECTION 1, page 5, by adding an appropriately lettered subsection immediately after line 12 to read:
/( ) The governing body of a county or municipality receiving distributions from the Property Tax Rollback Fund may not increase the ordinary mill age levy by more than four mills except upon a favorable vote of the qualified electors of the county or municipality in a referendum conducted by the governing body for the purpose of seeking such approval./
Renumber to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bennett Blanding Boan Brown, G. Brown, R. Burch Carnell Cole Elliott Farr Felder Gentry Glover Gordon Gregory Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Keyserling Klapman Littlejohn Lockemy Martin, D. Martin, L. Mattos McCain McElveen McGinnis McLellan McTeer Nesbitt Rhoad Rogers, J. Rogers, T. Sheheen Short Snow Stoddard Tucker Waites Waldrop Wells Whipper White Wilder Wilkes Wright
Those who voted in the negative are:
Baker Barber Barfield Baxley Beasley Blackwell Brown, H. Bruce Burriss, M.D. Chamblee Clyborne Cooper Corbett Cork Derrick Fair Fant Ferguson Hallman Hearn Kay Keegan Kirsh Lanford Limehouse Mappus McAbee McEachin McKay McLeod Moss Neilson Quinn Rama Rudnick Simpson Smith Taylor Townsend Vaughn Wofford
So, the amendment was tabled.
Rep. CORBETT proposed the following Amendment No. 4 (Doc. No. 4004U), which was tabled.
Amend the report, as and if amended, by striking the unnumbered item of section 4-10-10, page 3739-1, beginning on line 34.
Amend the report further, by striking lines 1 through 43, page 3739-3, and lines 1 and 2, page 3739-4.
Amend the bill, as and if amended, by striking Section 4-10-60, as contained in SECTION 1, beginning on page 10.
Renumber sections to conform.
Amend title to conform.
Rep. CORBETT explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. BARFIELD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, J. Barber Bennett Blanding Boan Brown, H. Brown, R. Burch Carnell Cole Derrick Faber Farr Felder Gentry Gregory Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keyserling Klapman Limehouse Littlejohn Mappus Martin, L. McAbee McBride McCain McEachin McElveen McGinnis McLellan McLeod McTeer Nesbitt Nettles Rama Rogers, T. Rudnick Sheheen Short Smith Stoddard Townsend Waites Waldrop Wells Whipper Wilder Wilkes Wofford Wright
Those who voted in the negative are:
Altman Baker Barfield Baxley Blackwell Bruce Chamblee Clyborne Cooper Corbett Elliott Fair Fant Ferguson Glover Hallman Keegan Kirsh Kohn Lockemy Mattos McKay Moss Neilson Quinn Simpson Snow Vaughn
So, the amendment was tabled.
Rep. CORBETT proposed the following Amendment No. 5 (Doc. No. 3999U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-30(B), as contained in SECTION 1, page 3, by striking lines 3 through 8 and inserting:
/'Must the sales and use tax levied in _____________ County be increased by twenty percent for the purpose of rolling back county and municipal property taxes and funding county and municipal operations with no limit on future property tax increases?/
Amend title to conform.
Rep. CORBETT explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 51 to 35.
Rep. CORBETT proposed the following Amendment No. 6 (Doc. No. 4001U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-90(B), as contained in SECTION 1, page 8, by adding at the end of line 12 /Investment earnings on the Local Sales and Use Tax Fund must be credited to the Fund and distributed in the manner that other revenues credited to the Fund are distributed./
Amend title to conform.
Rep. CORBETT explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. CORBETT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, MO. Alexander, T.C. Altman Bailey, J. Barber Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R.. Burch Carnell Faber Farr Felder Gentry Glover Gordon Gregory Harris, P. Harvin Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.C. Johnson, J. W. Kay Keyserling Klapman Kohn Mappus Martin, D. Martin, L. McAbee McBride McCain McEachin McLellan McLeod McTeer Neilson Nesbitt Nettles Rama Rhoad Rogers, J. Rogers, T. Sheheen Short Simpson Smith Snow Tucker Waites Waldrop White Wilder Williams, J. Winstead Wright
Those who voted in the negative are:
Baker Barfield Baxley Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Fair Fant Ferguson Hallman Harris, J. Hearn Keegan Kirsh Lanford Limehouse Littlejohn Lockemy Manly McGinnis McKay Moss Quinn Rudnick Vaughn Wells
So, the amendment was tabled.
Rep. KEYSERLING proposed the following Amendment No. 7 (Doc. No. 3985U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-40(B), as contained in SECTION l, page 4, by striking beginning on line 18 /A county and municipality may use revenue received from the County/Municipal Revenue Fund, as provided for in Section 40-10-90, to further reduce the ordinary millage rate./
Amend further, in Section 4-10-90(B) as contained in SECTION 1, page 8, by inserting before /The/ on line 10 /Only those revenues credited to the Property Tax Rollback Fund of the Local Sales and Use Tax Fund may be used to adjust the ordinary millage rates of counties and municipalities./
Amend title to conform.
Rep. KEYSERLING explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 84 to 14.
Rep. GENTRY proposed the following Amendment No. 8 (Doc. No. 3978U), which was tabled.
Amend the bill, 18 and if amended, in Section 4-10-40, as contained in SECTION 1, page 4, line 20, by striking [County/Municipal] and inserting
[County/Municipal/School Building].
Amend further, page 5, by striking lines 14, 15, and 16 and inserting:
/Section 4-10-50. Forty percent of the revenue generated in a county area and set aside and allocated to the County/Municipal/School Building Revenue Fund must bet.
Amend further, page 5, by inserting immediately after line 28:
/(C) Sixty percent of the revenue generated in a county area and set aside and allocated to the County/Municipal/School Building Revenue Fund must be distributed to school districts in the county area in the proportion that enrollment in each school district bears to total public school enrollment in the county area. Funds received by school districts must be used for school building construction and renovation./
Amend further, page 8, lines 5 and 9 by striking [County/Municipal] and inserting [County/Municipal/School Building].
Amend the Report of the Committee on Ways and Means, as and if amended, page 3739-3, line 41, by striking /population/ and inserting /population and public school enrollment/.
Amend title to conform.
Rep. GENTRY explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. BEASLEY spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. GENTRY spoke in favor of the amendment.
Rep. J.W. JOHNSON moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 75 to 20.
Rep. CORBETT proposed the following Amendment No. 9 (Doc. No. 3996U), which was tabled.
Amend the bill, as and if amended, by striking Section 4-10-30(C), as contained in SECTION 1, page 3, and inserting:
/(C) No referendum on the imposition or repeal of the tax authorized by this chapter may be held more than once in twelve months./
Amend further, in Section 4-10-30, as contained in SECTION 1, page 3, by adding an appropriately lettered subsection immediately after line 23 to read:
/( ) Upon the filing with the county election commission of petitions containing the signatures of at least five percent of the qualified electors of the county area in a county levying the tax authorized by this chapter at least sixty days before the scheduled referendum date, the county election commission shall conduct a referendum on the question of repealing the local sales and use tax levied in the county. After verifying the petition signatures the commission shall conduct the referendum on the first Tuesday in November next succeeding the date the petitions were riled. The state election laws apply to the referendum mutatis mutandis. The county election commission shall publish the results of the referendum and certify them to the county council and to the South Carolina Tax Commission. If a majority of the qualified electors voting in the referendum favor repeal of the local sales and use tax, the tax is repealed effective - on the first day of the calendar quarter next succeeding the certification of the referendum results.
The ballot for the referendum must read substantially as follows:
'Must the local sales and use tax levied in __________ County be repealed?
Reletter subsections to conform.
Amend title to conform.
Rep. CORBETT explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. BAXLEY and STURKIE proposed the following Amendment No. 10, which was tabled.
Amend as and if amended.
Amend Section 4-10-30, page 7, line 34 to delete the word "shall" and add:
May, upon a (213) two-thirds vote of County Council . . .
Rep. BAXLEY explained the amendment.
Rep. BAXLEY continued speaking.
Rep. SHEHEEN spoke against the amendment.
Rep. STURKIE spoke in favor of the amendment.
Rep. FELDER spoke against the amendment and moved to table the amendment.
Rep. STURKIE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 78 to 24.
Reps. BAXLEY and STURKIE proposed the following Amendment No. 11, which was tabled.
Amend 88 and if amended.
Amend Section 4-10-30, page 7, line 34 to delete the word "shall" and add:
May, upon a majority vote of County Council ...
Rep. BAXLEY explained the amendment.
Rep. BEASLEY spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Bailey, J. Barber Barfield Bennett Boan Brown, J. Carnell Chamblee Cole Cooper Corbett Cork Elliott Faber Farr Felder Foster Gentry Gregory Hallman Harris, P. Harvin Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Klapman Kohn Littlejohn Martin, D. Mattos McBride McCain McEachin McElveen McLellan McLeod McTeer Nesbitt Nettles Rhoad Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Townsend Tucker Waites Washington Whipper Wilkes Winstead Wright
Those who voted in the negative are
Alexander, T.C. Baker Baxley Beasley Blackwell Brown, G. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Clyborne Corning Davenport Derrick Fair Fant Ferguson Glover Harris, J. Hearn Johnson., J.C. Kirsh Koon Lanford Limehouse Lockemy Manly Mappus McAbee McGinnis McKay Moss Neilson Quinn Rama Rudnick Sturkie Taylor Vaughn Wells Williams, J. Wofford
So, the amendment was tabled.
Rep. FANT proposed the following Amendment No. 12 (Doc. No. 4017U), which was tabled.
Amend the bill, as and if amended, by striking Section 4-10-20 as contained in SECTION 1, page 3739-2, beginning on line 3, and inserting:
/"Section 4-10-20. A county, upon referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, 12-35-519, and Article 11 of Chapter 35 of Title 12 and medicines and all food items not including beverages are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remit taxes under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs."/
Renumber sections to conform.
Amend title to conform.
Rep. FANT explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. WASHINGTON spoke in favor of the amendment.
The ACTING SPEAKER KLAPMAN granted Rep. McELVEEN a temporary leave of absence.
Rep. WASHINGTON continued speaking.
Rep. BAXLEY moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Bennett Bruce Burriss, M.D. Clyborne Cole Davenport Faber Ferguson Jaskwhich Kay Kirsh Lanford Limehouse Littlejohn McBride McGinnis Neilson Sharpe Smith Taylor Vaughn Wells Wofford
Those who voted in the negative are:
Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Burch Carnell Cooper Cork Derrick Fair Fant Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Hodges Holt Johnson, J.W. Keegan Keyserling Klapman Kohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McKay McLellan McLeod McTeer Moss Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Sheheen Short Simpson Snow Stoddard Sturkie Tucker Waites White Wilder Wilkes Williams, J. Winstead Wright
So, the House refused to adjourn.
Rep. BARFIELD moved immediate cloture on the entire matter, which was rejected.
Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 54 to 34.
Rep. Carnell proposed the following Amendment No. 15 (Doc. No. 4024U), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section at the end to read:
/SECTION_____ . Section 12-35-580 of the 1976 Code is amended by adding at the end:
"For the purposes of this section the imposition of a local option sales tax provided for in Chapter 10 of Title 4 may not be taken into account."/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Rep. H. BROWN proposed the following Amendment No. 14 (Doc. No. 4006U), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 4 of the 1976 Code is amended by adding:
Section 4-10-10. For purposes of this chapter:
(1) 'County area' means a county and all municipalities within its geographical boundaries.
(2) 'County' means the unincorporated areas of a county area or county government as the use of the term dictates.
(3) 'Ordinary millage' means the mill age levied by a county or municipality on real and personal property to pay the operating costs of providing services including, but not limited to, Courts and judicial administration; law enforcement and criminal justice administration; correctional facilities; fire protection; disaster preparedness; land use planning and code enforcement; solid waste collection and disposal; hospital, health, and emergency medical services, indigent care, and other public health and social services; parks, recreational activities and facilities, and zoological gardens; transportation; road construction, maintenance, and repair; water, sanitary sewer, storm drainage and sediment control, fund other public works: technical education centers; libraries; voter registration and elections; economic development; and general administration.
(4) 'Municipality' means a municipal corporation created pursuant to Chapter 1 of Title 5 or a municipal government as the use of the term dictates.
(5) 'Population' means population as determined in the most recent United States Decennial Census.
Section 4-10-20. A county, upon state referendum approval, may levy a sales and use tax of one percent on the gross proceeds of sales within the county area which are subject to tax under Chapter 35 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, 12-35-519, and Article 11 of Chapter 35 of Title 12 are exempt from the local sales and use tax. The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. Taxpayers required to remittances under Section 12-35-810 shall identify the county or municipality in the county area in which tangible personal property purchased at retail is stored, used, or consumed in this State. Utilities are required to report sales in the county or municipality in which consumption of the tangible personal property occurs.
Section 4-10-25. The gross proceeds of sales of tangible personal property delivered before the imposition trite of the tax levied under Section 4-10-20 in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the local sales and use tax provided in Section 4-10-20 if a verified copy of the contract is filed with the Tax Commission within six months after the imposition of the local sales and use tax.
Section 4-10-30. (A) The state election commission shall conduct a referendum on the second Tuesday in November on the question of implementing the local option sales and use tax. The state election laws apply to the referendum mutatis mutandis. The sales and use tax must not be imposed, unless a majority of the qualified electors of the state voting in the referendum approve the question.
(B) The ballot must read substantially as follows:
'Must a one percent sales and use talc be levied in this State for the purpose of rolling back county and municipal ad valorem property taxes and for the purpose of funding county rind municipal operations?
(C) If the question is not approved at the initial referendum, the state election commission may conduct another referendum on the question. However, following the initial referendum, a referendum for this purpose must not be held more often than once in twelve months and must be held on the second Tuesday in November.
Section 4-10-40. (A) The revenue allocated to the Property Tax Rollback Fund as provided for in Section 4-10-70, must be distributed to the counties based on population. The revenue must be distributed further to the county and the municipalities in the county area as follows:
(1) sixty-seven percent to the county;
(2) thirty-three percent to the municipalities in the county area so that each municipality receives an amount equal to what its percentage of population bears to the total population in all the municipalities in the county area.
(B) The revenue received by a county or municipality from the Property Tax Rollback Fund must be used to adjust the ordinary millage rate of the county and municipality as applied to all real and personal property not exempt from taxation. Annually, a county or municipality receiving revenue from the Property Tax Rollback Fund shall compute the ordinary millage rate which when combined with other revenues reasonably expected to be received by the county or municipality during the year, other than the revenue received from the Local Sales and Use Tax Fund, as provided for in Section 4-10-70, provides revenues sufficient to defray the expenses funded by the ordinary millage levy. The millage rate so ascertained then must be reduced by a millage rate which, if levied against all real and personal property which is not exempt from taxation in the county area or municipality, produces an amount equal to the funds received by the county or municipality from the Property Tax Rollback Fund. The rollback of ordinary millage rates must be based on actual sales and use tax collection allocated to the Property Tax Rollback Fund for the preceding fiscal year. A county and municipality may use revenue received from the County/Municipal Revenue Fund, as provided for in Section 4-10-70, to further reduce the ordinary millage rate.
(C) The ad valorem tax bill of the county and the municipality must show the:
(1) total millage rate as first computed without taking into consideration the revenue received from the Local Sales and Use Tax Fund;
(2) adjustment in the mill age rate resulting from the revenue received from the Property Tax Rollback Fund;
(3) final adjusted mill age rate.
(D) All interest accruing to the funds received by a county or a municipality from the Property Tax Rollback Fund must be used to adjust the millage rate as provided for in this section.
(E) If the ordinary millage rate levied by the county or municipality is reduced to zero, then revenue derived from the Property Tax Rollback Fund may be used by the county or municipality for a lawful public purpose, including the retirement of bonded indebtedness.
(F) Ad valorem taxation for primary and secondary schools is not affected by the provisions of this section.
(G) If a municipality has adopted or adopts a redevelopment plan for a tax increment financed redevelopment project pursuant to Chapter 6 of Title 31, a deficiency resulting from the application of this section in the tax allocation fund or separate fund established to pay project costs must be funded from the municipality's allocation from the County/Municipal Revenue Fund each year so as to provide full funding for the project. A tax increment financing bond holder, agent, or trustee may enforce this requirement.
Section 4-10-50. The revenue generated in a county area and set aside and allocated to the County/Municipal Revenue Fund must be distributed to the counties based on population.
Section 4-10-60. Annually by August fifteenth the State Treasurer shall report to the county chief administrative officers, county treasurers, and municipal clerks the total amount of revenue collected as reported by the Tax Commission in the county area for the preceding fiscal year.
Section 4-10-70. (A) The Tax Commission shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12. The commission may prescribe forms and promulgate regulations in conformity with this chapter, including tables prescribing the amount to be added to the sales price. The local sales and use tax must not be imposed before July first following the first referendum held pursuant to Section 4-10-30.
(B) All revenues collected by the Tax Commission on behalf of a county area pursuant to this chapter must be remitted to the State Treasurer to be credited to a Local Sales and Use Tax Fund which is separate and distinct from the state general fund.
After deducting the amount of refunds made and the costs to the Tax Commission of administering the tax, not to exceed one-half of one percent of the fund, the State Treasurer shall deposit the revenue into the Local Sales and Use Tax Fund which consists of two separate funds: the Property Tax Rollback Fund and the County/Municipal Revenue Fund. Fifty percent of the revenue generated in a county area by the sales and use tax must be allocated to the Property Tax Rollback Fund and fifty percent to the County/Municipal Revenue Fund. The State Treasurer shall distribute monthly the revenues according to the provisions of this chapter.
(C) The Tax Commission shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayers received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. If, because of refunds by the Tax Commission or for any other reason, an overpayment is made to a county or municipality, the State Treasurer shall withhold from subsequent payments a sufficient amount to adjust for the overpayment and direct funds to the proper entity. However, all corrections of allocations from the Local Sales and Use Tax Fund must be made within the current fiscal year."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. H. BROWN explained the amendment.
Rep. McLELLAN spoke against the amendment.
Reps. LIMEHOUSE and SIMPSON spoke in favor of the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. H. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 72 to 18.
Rep. KIRSH proposed the following Amendment No. 16 (Doc. No. 4021U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-30(A), as contained in SECTION 1, page 2, line 33, by striking /The/ and inserting /Upon the request of the county council by written resolution, the/
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 51 to 14.
Rep. VAUGHN moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Burriss, M.D. Davenport Kay Keegan Kirsh Quinn Simpson Taylor Vaughn Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Fair Farr Felder Foster Gentry Gregory Hallman Harris, J. Harvin Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Klapman Kohn Koon Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. McAbee McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Rama Rhoad Rudnick Sharpe Sheheen Short Smith Snow Townsend Tucker Waites Waldrop Wells White Wilder Wilkes Winstead Wright
So, the House refused to adjourn.
Rep. ALTMAN proposed the following Amendment No. 19 (Doc. No. 4034U), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, page 3739-2, by adding at the end of line 23
/A taxpayer subject to the tax imposed by Article 6, Chapter 35 of Title 12, who owns or manages rental units in more than one county or municipality shall separately report in his sales tax return the total gross proceeds from business done in each county or municipality./
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
Rep. MAPPUS proposed the following Amendment No. 20 (Doc. No. 4044U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-40, as contained in SECTION 1, page 5, by adding an appropriately lettered subsection immediately after line 12 to read:
/( ) The governing body of a county or municipality receiving distributions from the Property Tax Rollback Fund may not increase the ordinary millage levy by more than the Consumer Price Index percentage except upon a favorable vote of the qualified electors of the county or municipality in a referendum conducted by the governing body for the purpose of seeking such approval./
Renumber to conform.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Reps. KIRSH and BEASLEY proposed the following Amendment No. 22 (Doc. No. 4033U), which was tabled.
Amend the bill, as and if amended, by striking Section 4-l0-50(A)(1) and (2), as contained in SECTION 1, page 5, lines 19 through 23, and inserting:
/(1) twenty-five percent of the revenue must be distributed back to the school districts on a per pupil basis to be used only for capital improvement purposes;
(2) the remaining seventy-five percent must be distributed as follows:
(a) fifty percent based upon the location of the sale;
(b) fifty percent based on population as determined by the most recent official United States Census./
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. GENTRY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 26.
Rep. MAPPUS proposed the following Amendment No. 23 (Doc. No. 4046U), which was tabled.
Amend the bill, as and if amended in Section 4-10-90(B) as contained in SECTION 1, page 8, by striking on line 6 /Fifty/ and inserting /Seventy-five/ and on line 9 by striking /fifty/ and inserting /twenty-five/.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 51 to 30.
Reps. BAKER and CLYBORNE proposed the following Amendment No. 24 (Doc. No. 4045U), which was adopted.
Amend the bill, as and if amended, Section 4-10-30 as contained in SECTION 1, page 3, by adding at the end:
/(D) Two weeks before the referendum is held, however, the county council shall have published in a newspaper of general circulation, the dollar savings on the yearly property tax bill the proposed rollback will give to the following groups of property owners in their county:
(1) a primary residence valued at fifty thousand dollars and one hundred thousand dollars;
(2) a commercial facility valued at one hundred thousand dollars:
(3) an industrial facility valued at one million dollars.
The information and format must be prepared by the South Carolina Tax Commission and must show the above information for the respective county and for each municipality within that county./
Renumber subsections to conform.
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
Reps. GENTRY and BEASLEY proposed the following Amendment No. 25 (Doc. No. 3973U), which was tabled.
Amend the bill, as and if amended, in Section 4-10-40, as contained in SECTION 1, page 4, line 20, by striking [County/Municipal] and inserting
[County/Municipal/School Building].
Amend further, page 5, by striking lines 14, 15, and 16 and inserting:
/Section 4-10-50. Fifty percent of the revenue generated in a county area and set aside and allocated to the County/Municipal/School Building Revenue Fund must bet.
Amend further, page 5, by inserting immediately after line 28:
/(C) Fifty percent of the revenue generated in a county area and set aside and allocated to the County/Municipal/School Building Revenue Fund must be distributed to school districts in the county area in the proportion that enrollment in each school district bears to total public school enrollment in the county area. Funds received by school districts must be used for school building construction and renovation./
Amend further, page 8, lines 5 and 9 by striking [County/Municipal] and inserting [County/Municipal/School Building].
Amend the Report of the Committee on Ways and Means, as and if amended, page 3739-3, line 41, by striking /population/ and inserting /population and public school enrollment/.
Amend title to conform.
Rep. GENTRY moved to adjourn debate upon the amendment.
Rep. McLELLAN moved to table the motion, which was agreed to by a division vote of 54 to 20.
Rep. CORBETT moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 27 (Doc. No. 4051U), which was tabled.
Amend the bill, as and if amended, page 3, by striking lines 3 through 8 and inserting:
/'Must a two percent sales and use tax be levied in ______County for the purpose of rolling back county, municipal, and school ad valorem property taxes and for the purpose of funding county and municipal operations in the county area?/
Amend further, in Chapter 10, as contained in SECTION 1, page 8, by adding a new Code section to read:
/Section 4-10-100. In addition to the tax levied in a county area pursuant to Section 4-10-20, there is levied an additional tax equal to one percent of the gross proceeds of sales of those items of tangible personal property to which the tax imposed by Section 4-10-20 applies. The revenue from this tax must be deposited in a School Property Tax Rollback Fund in the State Treasury and distributed to the school districts in each county area in which the tax was collected on a per-pupil basis. School property taxes in each school district in the county area must be rolled back by the number of mills that equal the revenues received by each district from the Fund.
If the school millage rate in any district is reduced to zero, the remaining revenues must be credited to a countywide school building fund administered by the county council. School districts in the county area may apply for and receive proceeds from this countywide fund based on need as determined by the county council. Investment earnings on the countywide building fund must be credited to this fund.
In computing the index of taxpaying ability for a county in which the local sales and use tax levied the calculation must be made using the millage rate that would be applicable if no rollback had occurred.
For all purposes relating to collection, enforcement, and administration, the provisions of this chapter relating to the tax imposed by Section 4-10-20 and the Local Sales and Use Tax Fund apply to the tax levied by this section and the School Property Tax Rollback Fund./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 74 to 10.
Reps. RUDNICK, BLACKWELL, FAIR, VAUGHN, STURKIE and KIRSH spoke against the Bill.
Rep. G. BROWN spoke in favor of the Bill.
The question then recurred to the passage of the Bill on second reading, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Baker Barber Barfield Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Burch Carnell Clyborne Cole Corbett Cork Elliott Faber Farr Felder Foster Gentry Gregory Hallman Harris, J. Harris, P. Harvin Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Kay Keegan Klapman Kohn Littlejohn Lockemy Manly Mappus Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod McTeer Nesbitt Nettles Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Townsend Tucker Waites Waldrop Wilder Wilkes Wilkins Winstead Wright
Those who voted in the negative are:
Bailey, G. Baxley Beasley Blackwell Brown, H. Bruce Burriss, M.D. Burriss, T.M. Chamblee Cooper Corning Davenport Derrick Fair Fant Ferguson Glover Hearn Holt Johnson, J.C. Keyserling Kirsh Koon Lanford Limehouse Martin, D. McKay Moss Neilson Quinn Rudnick Sturkie Taylor Vaughn Washington Wells Whipper White Wofford
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:
H. 3972 -- Rep. Fair: A HOUSE RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON FRIDAY, APRIL 28, 1989, AND SATURDAY, APRIL 29, 1989, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, thirty-eight states have successful Youth in Government programs, and thousands of young people have participated in a model legislature and leadership assembly sponsored by the Young Men's Christian Association; and
Whereas, the Youth in Government program is designed to provide a first-hand experience in the state legislature and government affairs for high school students: and
Whereas, students taking part in the program will run for state-wide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop an enthusiasm about government and community affairs. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives authorize the Young Men's Christian Association to use the chamber of the House on Friday, April 28, 1989, and Saturday, April 29, 1989, to conduct a Youth in Government program.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the Young Men's Christian Association for the use of the chamber.
The Resolution was adopted.
The following was introduced:
H. 3973 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3609, RELATING TO THE AGE OF RETIREMENT AND BENEFITS PAYABLE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE THIRD READING OF H.3739 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3609 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3609 be set by special order for second reading or other consideration immediately following third reading or other disposition of H.3739 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H.3609 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. MAPPUS moved to table the Resolution.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Brown, H. Burriss, T.M. Cooper Corbett Hallman Hodges Kirsh Limehouse Mappus McLellan Sharpe Simpson Vaughn Wofford
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Harris, J. Harris, P. Harvin Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Koon Lanford Littlejohn Lockemy Manly Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Short Smith Snow Sturkie Townsend Tucker Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wright
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 3974 - Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3722, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND VEHICLE COMBINATIONS OPERATED ON HIGHWAYS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE THIRD READING OF H.3609 AND TO PROVIDE FOR
THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3722 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3722 be set by special order for second reading or other consideration immediately following third reading or other disposition of H.3609 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H.3722 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. RUDNICK moved to table the Resolution.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barber Blackwell Cooper Corbett Gentry Hendricks Kirsh Manly McLellan Rudnick Simpson Waites
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Baker Baxley Beasley Bennett Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Hallman Harris, J. Harris, P. Harvin Hayes Hearn Hodges Holt Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Klapman Koon Lanford Limehouse Littlejohn Lockemy Mappus Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Sharpe Sheheen Short Smith Snow Sturkie Townsend Tucker Vaughn Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
Rep. McABEE moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3975 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO FINANCE REDEVELOPMENT PROJECTS BY MEANS OF TAX-INCREMENT FINANCING.
Rep. McABEE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MAPPUS objected.
Referred to the Committee on Ways and Means.
H. 3976 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT WHEN A SPECIAL TAX DISTRICT IS CREATED, THE COUNTY MAY PROVIDE, BY ORDINANCE, THAT A UNIFORM SERVICE CHARGE BE COLLECTED ON AN ANNUAL, SEMIANNUAL, QUARTERLY, OR MONTHLY BASIS.
Rep. McABEE asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MAPPUS objected.
Referred to the Committee on Ways and Means.
H. 3977 -- Reps. McAbee and Kay: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Rep. WHIPPER, from the Charleston Delegation, submitted a favorable report, with amendments, on:
H. 3091 -- Reps. Washington, Whipper, D. Martin, Holt, J. Bailey and Barber: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE GOVERNING BODY OF THE SCHOOL DISTRICT FROM NINE TO ELEVEN MEMBERS AND TO PROVIDE FOR THEIR ELECTION FROM SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED RATHER THAN FROM PREVIOUS ENUMERATED DISTRICTS.
On motion of Rep. WHIPPER, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3091-- Reps. Washington, Whipper, D. Martin, Holt, J. Bailey and Barber: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE SCHOOL DISTRICT OF CHARLESTON COUNTY, SO AS TO INCREASE THE MEMBERSHIP OF THE GOVERNING BODY OF THE SCHOOL DISTRICT FROM NINE TO ELEVEN MEMBERS AND TO PROVIDE FOR THEIR ELECTION FROM SINGLE MEMBER DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED RATHER THAN FROM PREVIOUS ENUMERATED DISTRICTS.
The Charleston Delegation proposed the following Amendment No. 1, which was adopted.
Amend Section 2 by deleting sentence beginning with "all even-numbered" to end of sentence. Substitute "All seats must be filled by election for terms of two years to expire December 31, 1992".
Delete "for a term of four years" and substitute "for a term of two years".
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WHIPPER, with unanimous consent, it was ordered that H. 3091 be read the third time tomorrow.
Rep. FAIR moved that the House do now adjourn, which was adopted.
At 5:40 P.M. the House in accordance with the motion of Rep. FAIR adjourned to meet at 10:00 A.M. tomorrow.
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