Indicates Matter Stricken
Indicates New Matter
The House assembled at 9:30 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, Who speaks in quietness to the listening ear, cleanse the thoughts that discolor our outlook. Grant us the vision to see Your face and the knowledge of Your will. We would bring to You our inmost selves, cluttered and confused, where the good and the evil, the petty and the great, the wheat and the tares are so closely entwined. May the awareness of Your presence motivate our every thought, word and deed. Cause our minds to be untroubled as we stay our trust in You.
And to You, most holy God, we give our praise and thanksgiving.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. THOMAS moved that when the House adjourns, it adjourn in memory of Major Spencer Guerry of Georgetown County, which was agreed to.
The following was received.
Columbia, S.C., March 10, 1994
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. STODDARD, the invitation was accepted.
The following was introduced:
H. 4900 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JOHN MCKISSICK, LEGENDARY HEAD COACH OF THE SUMMERVILLE HIGH SCHOOL GREENWAVE FOOTBALL TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING SALUTED FOR ATTAINING THE RECORD FOR MOST CAREER VICTORIES.
The Resolution was ordered referred to the Committee on Rules.
The following was introduced:
H. 4901 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1246 -- Senator Holland: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MRS. WILLIENE WEST OGBURN OF CAMDEN IN KERSHAW COUNTY UPON THE OCCASION OF BEING SELECTED MS. SENIOR SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4902 -- Reps. Trotter, Graham, Gonzales, Baker, Sturkie, Meacham, G. Bailey, Simrill, Stone, Wilkins, Chamblee, Hutson, Hines, Snow, Cooper, Stille, Littlejohn, Stoddard, Neilson, Wofford, A. Young, Clyborne, D. Smith, Marchbanks, Robinson, Delleney, Harrison, Hallman, Wright, Riser, Klauber and Harrell: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE FEE IS NOT PAID IN THOSE YEARS IN WHICH ONLY A REVALIDATION STICKER IS USED.
Referred to Committee on Education and Public Works.
H. 4903 -- Rep. Corning: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME AND AMOUNTS SUBJECT TO WITHHOLDING FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REVISE THE WITHHOLDING REQUIREMENTS FOR PAYMENTS OF RENTALS AND ROYALTIES TO NONRESIDENTS, PRIZES AND AWARDS TO RESIDENTS AND NONRESIDENTS, AND CONTRACTUAL PAYMENTS TO NONRESIDENTS FOR CONDUCTING BUSINESS OR PERFORMING PERSONAL SERVICES TEMPORARILY IN THIS STATE, REVISE THRESHOLD WITHHOLDING REQUIREMENTS AND ALLOW EXEMPTION FROM WITHHOLDING BY ENTITIES REGISTERING WITH THE SECRETARY OF STATE OR DEPARTMENT OF REVENUE AND TAXATION AGREEING TO THE JURISDICTION OF THE DEPARTMENT AND THE COURTS OF THIS STATE TO DETERMINE TAX LIABILITY, TO RELIEVE THE PAYOR OF THE REQUIREMENT TO WITHHOLD WHEN THE PAYEE PROVIDES AN AFFIDAVIT STATING THAT THE PAYEE IS REGISTERED, AND TO PROVIDE FOR THE REVOCATION OF THE REGISTRATION EXEMPTION; AND TO AMEND SECTIONS 33-15-105 AND 33-42-1620, RELATING TO THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THIS STATE AND THE REGISTRATION OF A FOREIGN LIMITED PARTNERSHIP TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CONFORM THESE PROVISIONS TO THE REVISED WITHHOLDING PROVISIONS OF THIS ACT.
Referred to Committee on Ways and Means.
H. 4904 -- Reps. J. Wilder and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Referred to Committee on Judiciary.
H. 4905 -- Reps. J. Wilder and Hodges: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Allison Anderson Askins Bailey, G. Bailey, J. Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Cato Chamblee Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Hines Hodges Holt Houck Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Lanford Littlejohn Marchbanks Mattos McAbee McKay McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Riser Robinson Rogers Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Witherspoon Wofford Worley Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, March 10.
E. DeWitt McCraw Terry E. Haskins Timothy C. Wilkes Marion P. Carnell James S. Klauber John J. Snow, Jr. Robert A. Barber, Jr. J. Michael Baxley Thomas C. Alexander Stephen E. Gonzales David A. Wright Larry L. Elliott John L. Scott, Jr. James N. Law Irene K. Rudnick Douglas Jennings, Jr. Dell Baker Becky Meacham E.B. McLeod, Jr. Ralph W. Canty John G. Felder Charles R. Sharpe Joseph H. Neal June S. Shissias B. Hicks Harwell Kenneth Kennedy Dewitt Williams C. Lenoir Sturkie Richard M. Quinn, Jr. Michael F. Jaskwhich H. Howell Clyborne, Jr. Alma W. Byrd Scott H. Richardson Morgan Martin Thomas E. Huff Joseph T. McElveen, Jr. Larry L. Koon C. Alex Harvin, III
DOCTOR OF THE DAY
Announcement was made that Dr. Donald G. Gregg from Greenville, is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Section 1 was adopted.
Reps. CROMER, GAMBLE and STUART proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\5701HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 615, beginning in the left column, by striking SECTION 2 and inserting:
TO AMEND SECTION 1-1-1210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE SALARIES OF THE GOVERNOR, LIEUTENANT GOVERNOR, AND OTHER STATEWIDE ELECTED CONSTITUTIONAL OFFICERS, SO AS TO SET THEIR SALARIES EFFECTIVE WHEN THEY ASSUME OFFICE IN 1995 AND TO DELETE OBSOLETE PROVISIONS RELATING TO ANNUAL INCREASES FOR THESE OFFICERS.
A. Section 1-1-1210 of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"Section 1-1-1210. The annual salaries of the state officers listed below are:
Governor $98,000 $106,078
Lieutenant Governor 43,000 46,545
Secretary of State 85,000 92,007
State Treasurer 85,000 92,007
Attorney General 85,000 92,007
Comptroller General 85,000 92,007
Superintendent of Education 85,000 92,007
Adjutant General 85,000 92,007
Commissioner of Agriculture 85,000 92,007
These salaries must be increased by two percent on July 1, 1991, and on July first of each succeeding year through July 1, 1994.
A state officer whose salary is provided in this section may not receive compensation for ex officio service on any state board, committee, or commission."
B. This section takes effect when the officers listed in Section 1-1-1210 of the 1976 Code as amended by this section assume office in 1995./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 39 to 29.
Reps. GAMBLE and CROMER proposed the following Amendment No. 150 (Doc Name L:\council\legis\amend\GJK\20600SD.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 2, by striking the second paragraph of Section 1-1-1210 which begins on line 40, page 615, in the left-hand column and inserting:
/These salaries must be increased by two percent on July 1, 1991 1995, and on July first of each succeeding year through July 1, 1994 1998, if classified state employees in any such year also receive a cost of living salary increase of two percent or more for that year./
Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. DAVENPORT raised the Point of Order that Section 2 was out of order as it was not germane.
Rep. BOAN stated that on Lines 30-38 the strike out was the increase for four years ago and the $106,078 figure was the salary reflected in Part I of the Bill. He further stated that the language that was prospective began on page 40 and the salary listed for the Governor on line 30 and the salary on line 38 for the Commissioner of Agriculture were the same lines reflected in Part I of the Bill.
The SPEAKER stated that he agreed with the salaries but the proviso applied past that, Lines 40-42.
Rep. BOAN stated that the Governor's salary was on page 32, line 3 in the front part of the Bill.
The SPEAKER stated that it was in the front part of the Bill and he overruled the Point of Order.
Rep. McTEER further raised the Point of Order that Amendment No. 150 was out of order as it was not germane. He further stated that it did not meet the requirement of Rule 5.3 in that no provision shall be put in the permanent part of the Bill unless it related directly to appropriations being made and revenue provided for the fiscal year referred to in the Bill.
The SPEAKER stated that the amendment amended Lines 40-42 and if Lines 40-42 were germane then the amendment was germane.
Rep. McTEER stated that there were three or four germaneness items but the amendment did not meet the additional test that a provision in Part II had to be germane to an appropriation in Part I.
The SPEAKER stated that it was not in Part II unless it was adopted. He further stated that the amendment was germane to a provision that was in Part II and it met the test. He further stated that if the amendment was adopted and the Point was raised that once it was adopted it did not meet the test of Rule 5.3, then he would rule on that. He further stated that the amendment was germane to what it sought to amend, which was lines 40-42 and he overruled the Point of Order.
Rep. CROMER spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Askins Baxley Boan Brown, H. Carnell Cobb-Hunter Cooper Davenport Farr Gonzales Harris, J. Harris, P. Holt Houck Jennings Keegan Kelley Kinon Marchbanks McAbee McCraw McKay McTeer Rhoad Snow Spearman Vaughn White Wilder, J.
Those who voted in the negative are:
Allison Anderson Bailey, J. Barber Beatty Breeland Brown, G. Brown, J. Cato Chamblee Clyborne Corning Cromer Delleney Elliott Fair Fulmer Gamble Govan Hallman Harrell Harrelson Harrison Haskins Hines Inabinett Keyserling Kirsh Klauber Law Littlejohn Martin McMahand Moody-Lawrence Neilson Richardson Riser Robinson Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Waites Waldrop Walker Wells Whipper Wilder, D. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, R.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 2 as amended was adopted.
Rep. CLYBORNE proposed the following Amendment No. 227 (Doc Name L:\council\legis\amend\JIC\5736HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 3, page 615, right column, by striking beginning on line 17:
/TO MAKE THE DEDUCTION CONTINGENT UPON IDENTIFICATION OF A REVENUE SOURCE, AND PROVIDE FOR THE REVENUE SOURCE FOR FISCAL YEAR 1994-95 ONLY AS A DELAY IN THE FINAL STEP IN THE NET CAPITAL GAIN DEDUCTION//
Amend further, by striking beginning on line 29:
/This deduction is contingent upon the identification in the annual general appropriations act of revenues sufficient to offset the revenue loss caused by the exemption and for fiscal year 1994-95 only, the revenue source is a one year delay in the final step of the state individual income tax deduction allowed a portion of net capital gain. Accordingly, notwithstanding the provisions of Section 12-7-437, the provisions of 12-7-437(A)(2) apply for the 1994 taxable year and the provisions of Section 12-7-437(A)(3) apply for taxable years beginning after 1994./
Renumber sections & amend totals/title to conform.
Rep. CLYBORNE explained the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. CLYBORNE spoke in favor of the amendment.
Reps. KIRSH, WILKES and JENNINGS spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Beatty Boan Brown, G. Brown, J. Canty Carnell Cobb-Hunter Cromer Delleney Elliott Farr Felder Govan Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Inabinett Jennings Keyserling Kinon Kirsh Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Snow Spearman Stille Stoddard Townsend Tucker Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes
Those who voted in the negative are:
Allison Baker Brown, H. Cato Chamblee Clyborne Cooper Corning Davenport Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harrison Haskins Hutson Jaskwhich Keegan Kelley Klauber Koon Lanford Law Littlejohn Marchbanks Meacham Richardson Riser Robinson Sharpe Shissias Simrill Smith, D. Smith, R. Stone Stuart Thomas Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the amendment was tabled.
Section 3 was adopted.
Section 4 was adopted.
Section 5 was adopted.
Section 6 was adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Section 10 was adopted.
Section 11 was adopted.
Rep. KIRSH proposed the following Amendment No. 152 (Doc Name L:\council\legis\amend\JIC\5724HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 618, beginning in the right column, by striking SECTION 12 and inserting:
TO AMEND SECTION 58-3-100, AS AMENDED, OF THE 1976 CODE, RELATING TO EXPENSES OF OPERATING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION SHALL OPERATE AS AN OTHER FUNDED AGENCY AND THAT ALL FEES AND CHARGES IMPOSED BY THE COMMISSION FOR ITS OPERATION MAY BE RETAINED BY THE COMMISSION EXCEPT FEES AND CHARGES ATTRIBUTABLE TO THE TRANSPORTATION DIVISION IN EXCESS OF THE DIVISION'S OPERATING EXPENSES, WHICH MUST BE CREDITED TO THE GENERAL FUND OF THE STATE, AND TO PROVIDE FOR A SPECIFIC TRANSFER TO THE GENERAL FUND FOR FISCAL YEAR 1994-95.
A. Section 58-3-100 of the 1976 Code, as last amended by Section 1552, Act 181 of 1993, is further amended by adding at the end:
"Effective July 1, 1994, the commission shall operate as an other-funded agency. The fees and charges attributable to the Transportation Division which are in excess of the division's operating expenses must be remitted to the State Treasurer and credited to the general fund of the State. All other fees and charges imposed or collected by the commission may be retained by the commission."
B. Notwithstanding the provisions of Section 58-3-100 of the 1976 Code as amended by subsection A of this section and in fiscal year 1994-95 only, the Public Service Commission must generate at least $2,849,177 from motor transport fees, registration fees, and commission assessments for deposit to the credit of the general fund of the State.
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 12 as amended was adopted.
Section 13 was adopted.
Section 14 was adopted.
Reps. STUART, McMAHAND, ANDERSON, FARR, ALLISON, LITTLEJOHN, KENNEDY, McTEER, WRIGHT, TOWNSEND and PHILLIPS proposed the following Amendment No. 105 (Doc Name L:\council\legis\amend\BBM\9020DW.94), which was tabled.
Amend the bill, as and if amended, Part II, Section 15, page 621, left-hand column, by striking subsection E. and inserting:
/The 1976 Code is amended by adding:
"Section 59-26-45. (A) In addition to all other qualifications and requirements provided by law, any person elected to a school district board of trustees after July 1, 1994, shall at least be a graduate of an accredited high school of this or any other state or hold at least a General Educational Development Tests Degree (GED).
The provisions of subsections (A) through (C) do not apply to any school board trustee who was serving in such office on July 1, 1994, and who is continuously reelected to such office thereafter.
(B) Within one year of taking office, all such new members of a school district board of trustees shall successfully complete an orientation in the powers, duties, and responsibilities of a board member including, but not limited to, topics on policy development, personnel, superintendent and board relations, instructional programs, district finance, school law, ethics, and community relations.
The orientation must be approved by the State Board of Education and conducted by public or private entities approved by the State Board of Education such as the South Carolina School Boards Association. Of the funds appropriated for operating expenses to the State Department of Education, the department shall reimburse local districts for expenses incurred in meeting this provision, not to exceed $10,000 on a statewide basis.
(C) The provisions of subsections (A) through (C) also apply to members of county boards of education in the same manner the provisions of this section apply to members of school district boards of trustees.
(D) Any person required to take and pass the Education Entrance Examination (EEE), pursuant to Sections 59-26-20(e)(2) or 59-26-40, who fails to achieve a passing score on all sections after the number of attempts allowed by law and regulation shall be allowed to retake that portion of the test failed upon petitioning the State Superintendent of Education and the Chairman of the State Board of Education. The applicant must pay the entire cost of administering this exam if taken pursuant to this section. Before any subsequent retesting, the person must submit evidence that he has successfully completed a postsecondary, remedial, or development course for the subject areas of the EEE which he failed. However, no person may undertake practice teaching until he has achieved a passing score on all portions of the exam."/
Renumber sections & amend totals/title to conform.
Rep. STUART explained the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 105 was out of order as it was not germane.
Rep. STUART argued contra the Point.
The SPEAKER stated that on page 2 of the amendment it referred to funds in Part I and he overruled the Point of Order.
Rep. STUART continued speaking.
Rep. SIMRILL moved to table the amendment and demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 6.
Rep. FARR moved to adjourn debate upon the section, which was rejected.
Reps. TOWNSEND and STILLE proposed the following Amendment No. 307 (Doc Name L:\council\legis\amend\CYY\15871AC.94), which was tabled.
Amend the bill, as and if amended, Part II, Section 15, in Section 59-20-50, by deleting beginning on line 43, in the left-hand column of page 622
/In projecting the southeastern average, the division shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 prior fiscal level./
and inserting:
/In projecting the southeastern average, the division shall include in the South Carolina base teacher salary all local teacher supplements and all incentive pay. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 level./
Renumber sections & amend totals/title to conform.
Rep. TOWNSEND explained the amendment.
Rep. McTEER spoke against the amendment.
Rep. HARRELSON spoke upon the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. McTEER moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 29.
Section 15 was adopted.
Section 16 was adopted.
Rep. QUINN moved to adjourn debate upon the section, which was adopted.
Rep. WAITES raised the Point of Order that Section 18 was out of order as it was not in compliance with Section 6-27-50 which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose. She further stated this should not be done as an amendment to the budget.
Rep. BOAN stated that it was only adding a section and not amending it.
Rep. FELDER stated that Section 6-27-50 applied only to the repeal or an amendment of a section in Chapter 27 and this Part II section did not amend or repeal any section in Chapter 27 and would be in order. He further stated that it only dealt with matters that were in Section 6-27-50 and did not deal with Chapter 27.
Rep. WAITES stated that the section stated Section 6-1-70, distributions pursuant to Chapter 27 of Title 6, State Aid to Subdivisions Act.
The SPEAKER stated that the impact of the section was to in effect amend the distribution of monies under Section 6-27-40.
Rep. FELDER stated that as it applied to the Appropriations Bill, you would have to go to the express words of the limitations and that being those that say in this chapter, no section of this chapter may be amended or repealed and that this did not even address Chapter 27.
The SPEAKER stated that the section did say that distributions pursuant to Chapter 27 were diminished by an amount equal to the tax or fee imposed. He further stated that by merely quoting another chapter in the Code that you could not be relieved of the obligation of Section 6-27-50 and that this clearly affected the distribution of money under Chapter 27.
Rep. FELDER stated that this expanded the limitation of the statute beyond the chapter.
The SPEAKER stated that using the language that the Ways and Means Committee adopted in the Bill which says that distribution pursuant to Chapter 27 of Title 6 are reduced by an amount equal to the revenues of the county or municipality from the fee or tax and this was clearly affecting the distribution and amending the distributions under Section 6-27-40 and if this was the case, then it was amending the impact of Section 6-27-40 which Section 6-27-50 says you can't do except by separate legislation.
Rep. FELDER stated that the statute of limitation wasn't to this particular restriction tax. He further stated that this said that if the State levied this tax, then the county could not levy the same tax.
The SPEAKER stated that the section did not do that and that by impact it might but it did not say that.
Rep. FELDER stated that it did not amend or repeal and still allowed the tax to be distributed. He further stated that it reduced and that did not change or repeal.
The SPEAKER stated that it said the distributions under Chapter 27 are amended by this section.
Rep. FELDER stated that the tax or distributions could still be levied, but this said that if it was done then you cannot go through the Aid to the Subdivisions to get it. He further stated that this was germane to the Appropriations Bill.
The SPEAKER stated that this was not a question of germaneness and that it certainly related back to Part I, Aid to Subdivisions. He further stated that the question was whether the procedural control of Section 6-27-50 obligated the House to do this by separate legislation and it did and he sustained the Point of Order and ordered the section stricken from the Bill.
Rep. KIRSH proposed the following Amendment No. 317 (Doc Name L:\council\legis\amend\JIC\5763HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, page 625, left column, by striking SECTION 19 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 318 (Doc Name L:\council\legis\amend\JIC\5762HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, page 625, left column, by striking SECTION 20 in its entirety.
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Section 21 was out of order as it was not in compliance with Section 6-27-50 which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose.
The SPEAKER sustained the Point of Order and ordered the section stricken from the Bill.
Rep. GONZALES proposed the following Amendment No. 289 (Doc Name L:\council\legis\amend\JIC\5756HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 22, page 626, right column, by striking lines 25 through 27 and inserting:
/Section. A designated redevelopment area and its boundaries must be determined in advance of the opening of the new or expanded facilities by municipal ordinance, if located in a municipality, and otherwise by county ordinance. The total aggregate amount of all designated development areas within any municipality or county may not exceed five percent of the total acreage of the municipality or county. For purposes of this section 'additional/
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 289 was out of order as it was not germane.
The SPEAKER stated that it was germane to Section 22 and he overruled the Point of Order.
The SPEAKER granted Rep. HASKINS a temporary leave of absence.
The amendment was then adopted.
Section 22 as amended was adopted.
Section 23 was adopted.
Rep. BOAN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20576SD.94), which was adopted.
Amend the bill, as and if amended, Part II, Section 24, by striking Section 24 and inserting:
TO AMEND THE 1976 CODE BY ADDING SECTION 11-1-45 SO AS TO PROVIDE THAT NO STATE AGENCY OR INSTRUMENTALITY OF THE STATE, EXCLUDING LOCAL POLITICAL SUBDIVISIONS, SPECIAL PURPOSE DISTRICTS, AND SPECIAL TAXING DISTRICTS, SHALL ENTER INTO SETTLEMENT OF CERTAIN LITIGATION, DISPUTES, OR CLAIMS REQUIRING THE EXPENDITURE OF MONIES APPROPRIATED OR PROVIDED FOR IN A GENERAL OR SUPPLEMENTAL APPROPRIATIONS ACT OR FROM ANY OTHER SOURCE OF PUBLIC FUNDS WITHOUT PRIOR WRITTEN APPROVAL OF THE BUDGET AND CONTROL BOARD.
The 1976 Code is amended by adding:
"Section 11-1-45. No state agency or instrumentality of the State, excluding local political subdivisions, special purpose districts, and special taxing districts, shall enter into a settlement of any litigation, dispute, or claim over one hundred thousand dollars requiring the expenditure of monies appropriated or provided for in a general or supplemental appropriations act, or from any other source of public funds without prior written approval from the Budget and Control Board.
The intent of this provision is to prevent state agencies or instrumentalities of the State, other than local political subdivisions, special purpose districts, and special taxing districts, from entering into settlements that can bind and commit the State to unreasonable funding requirements from current or future revenues of the State. In keeping with this intent, the Budget and Control Board may exempt in its discretion any entity or specific litigation matter from this provision."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 24 as amended was adopted.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Part II.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R314) S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R315) S. 1207 -- Senators Greg Smith and McGill: AN ACT TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.
(R316) S. 289 -- Senators McConnell and Rose: AN ACT TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.
(R317) S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.
(R318) S. 1023 -- Senator Macaulay: AN ACT TO AMEND SECTION 48-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE OF A PROJECT SPONSOR TO MAKE PAYMENTS TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CERTAIN COUNTIES UNDER SPECIFIC CONDITIONS.
(R319) S. 258 -- Senator Drummond: AN ACT TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND THE REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.
(R320) S. 487 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER, TO PROVIDE THAT CORONERS AND DEPUTY CORONERS MUST COMPLETE CERTAIN BASIC AND ANNUAL TRAINING, TO AUTHORIZE FEES FOR THIS TRAINING AND TO PROVIDE EXCEPTIONS TO THE TRAINING REQUIREMENTS, TO PROVIDE THAT A CORONER REQUIRED TO COMPLETE ANNUAL TRAINING WHO FAILS TO DO SO MAY BE SUSPENDED FROM OFFICE BY THE GOVERNOR UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AUTHORIZING SAME.
(R321) H. 3333 -- Rep. Boan: AN ACT TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.
(R322) H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THE CONSTRUCTION, MAINTENANCE COSTS, AND OTHER EXPENSES FOR ONLY THAT PROJECT.
(R323) H. 4368 -- Reps. P. Harris, Neilson, Waldrop, Baxley, J. Brown, Cromer, Davenport, Delleney, Farr, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Tucker, Waites, Whipper, D. Wilder, Wilkes, Witherspoon, Keyserling, Breeland, Elliott and Gamble: AN ACT TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR OTHER GOVERNMENTAL AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.
(R324) H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: AN ACT TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.
(R325) H. 3357 -- Rep. Snow: AN ACT TO AMEND SECTION 50-11-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL; AND TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.
(R326) H. 3835 -- Rep. Fair: AN ACT TO AMEND SECTIONS 44-79-30 AND 44-79-80, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY TO TWO HUNDRED DOLLARS FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS AND TO INCREASE THE SURETY BOND AMOUNT FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS FOR AN ADMINISTRATOR OF A FITNESS CENTER.
(R327) H. 3549 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.
(R328) H. 3327 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.
(R329) H. 3916 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.
(R330) H. 4067 -- Rep. White: AN ACT TO AMEND SECTION 50-17-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSED SEASON FOR USING CRAB POTS FOR COMMERCIAL PURPOSES IN CERTAIN AREAS, SO AS TO PROHIBIT THE USE WITHIN EUHAW CREEK UPSTREAM OF TICKTON HALL IN JASPER COUNTY.
(R331) H. 4459 -- Rep. McTeer: AN ACT TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.
(R332) H. 4680 -- Rep. White: AN ACT TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE JASPER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; TO ABOLISH THE JASPER COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.
(R333) H. 3325 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.
(R334) H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R335) H. 4564 -- Rep. Spearman: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.
At 12:00 Noon the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Part II.
Rep. GAMBLE raised the Point of Order that Section 25 was out of order as it was not germane in that it did not relate to a line item in Part I. She further stated that this money did not flow through the Commission on Higher Education but was money in the various budgets of the colleges and universities.
Rep. McTEER stated that it specified how the formula was distributed.
Rep. GAMBLE stated that it may give them direction on how to send the money back for the 1995-96 fiscal year, but it has already been decided for this fiscal year we are entering.
Rep. McTEER stated that it addressed how the formula was to be distributed for this fiscal year being debated.
The SPEAKER stated that it needed to refer to a line item in Part I.
Rep. McTEER, citing page 178, Line 2, that the E & G money for the School of Medicine was an example of part of the formula money.
Rep. GAMBLE stated that the commission had no control over the money when it went to USC. She further stated that it had already been decided for this fiscal year.
Rep. McTEER stated that if the General Assembly had a statute as to how the money was distributed, then that would take precedence.
The SPEAKER stated that the provision did not have anything to do with the formula.
Rep. McTEER stated that the provision did relate to the formula. He further stated that the provision was directing the commission to distribute the money in a certain way regardless of what vote they have taken on the formula. He further stated that there was another example of the formula on page 235, line 32, the formula adjustment line.
The SPEAKER stated that there still had to be a formula and that reading by the proviso you did not know that it related to the formula adjustment line item and he sustained the Point of Order and ordered the section stricken from the Bill.
The SPEAKER granted Rep. LANFORD a leave of absence for the remainder of the day.
Section 26 was adopted.
Reps. HODGES and WILKINS proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\CYY\15845AC.94), which was adopted.
Amend the bill, as and if amended, Part II, Section 27, by deleting subsection A., page 635, left hand column, lines 21-39.
Renumber sections & amend totals/title to conform.
Section 28 was adopted.
Section 29 was adopted.
Debate was resumed on Section 17.
Reps. DELLENEY and HODGES proposed the following Amendment No. 32 (Doc Name L:\council\legis\amend\N05\7673BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 17, Section 12-27-400, page 623, by deleting the sentence beginning on line 30 which reads:
/No elected official may serve on the county transportation committee./
Renumber sections & amend totals/title to conform.
Rep. DELLENEY explained the amendment.
Rep. TUCKER moved to table the amendment, which was not agreed to by a division vote of 13 to 49.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. GONZALES, HASKINS, RICHARDSON, WAITES, CROMER, BREELAND, WRIGHT, ROGERS, BAKER, QUINN, BARBER, R. YOUNG, DAVENPORT, D. SMITH, FAIR, WELLS, HALLMAN, HOLT, BEATTY, HARRISON, J. BAILEY, SHISSIAS, WHIPPER, FULMER, HARRELL and CATO proposed the following Amendment No. 305 (Doc Name L:\council\legis\amend\GJK\20618DW.94), which was tabled.
Amend the bill, as and if amended, Part II, in SECTION 17, by striking /rural/ on line 4, page 623, right-hand column and inserting /lane miles of/
Amend the bill further, as and if amended, Part II, in SECTION 17, by striking /rural/ on line 5, page 623, right-hand column and inserting /lane miles of/
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
Rep. WILKES moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Askins Bailey, G. Baxley Boan Brown, G. Canty Carnell Chamblee Cobb-Hunter Corning Cromer Delleney Farr Felder Gonzales Govan Graham Harrelson Harris, J. Harris, P. Harwell Hines Hodges Houck Huff Inabinett Jennings Kennedy Kinon Kirsh Law Littlejohn Marchbanks McAbee McCraw McElveen McKay McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter White Wilder, D. Wilder, J. Wilkes Williams Witherspoon
Those who voted in the negative are:
Alexander, M.O. Allison Anderson Bailey, J. Baker Barber Beatty Breeland Brown, H. Brown, J. Byrd Cato Clyborne Davenport Fair Fulmer Gamble Hallman Harrell Harrison Holt Hutson Keegan Kelley Klauber Koon Mattos McMahand Richardson Rogers Shissias Smith, D. Sturkie Tucker Vaughn Waites Walker Wells Whipper Wofford Wright Young, A.
So, the amendment was tabled.
Rep. BOAN moved to reconsider the vote whereby Amendment No. 305 was tabled.
Rep. McABEE moved to table the motion to reconsider, which was agreed to.
Rep. PHILLIPS proposed the following Amendment No. 324 (Doc Name L:\council\legis\amend\N05\7706BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 17, Section 12-27-400(B), page 623, lines 38 and 41; and Line 1, page 624, by striking /forty/ and inserting /fifty/.
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
The SPEAKER granted Rep. STURKIE a temporary leave of absence.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Reps. FARR and QUINN proposed the following Amendment No. 82 (Doc Name L:\council\legis\amend\DKA\3293BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, Section 12-47-400(B), SECTION 17, line 37, page 623, by adding at the end:
/A maximum of three hundred dollars from a county's apportionment of 'C' funds may be expended annually by it's county transportation committee for administrative expenses./
Renumber sections & amend totals/title to conform.
Rep. FARR explained the amendment.
The amendment was then adopted.
Section 17 as amended was adopted.
Rep. McTEER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\15807AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.
A. The 1976 Code is amended by adding:
"Section 44-93-165. The department shall establish an Infectious Waste Program Fund to ensure the availability of funds to carry out the department's responsibilities under this chapter. This fund must be financed by the fees imposed pursuant to Section 44-93-160. From the revenue derived from the fees on infectious waste, an amount equal to eight dollars per ton must be deposited into the Infectious Waste Program Fund."
B. Section 44-93-160 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6A, is further amended to read:
"Section 44-93-160. (A) There is imposed a fee on the commercial treatment of infectious waste in this State equal to thirty twenty-five dollars a ton on the pretreatment weight of infectious waste generated outside of this State and twenty-five dollars a ton on the pretreatment weight of infectious waste generated within this State to be imposed upon facilities required to be permitted pursuant to this chapter.
(B) The owner or operator of a commercial facility required to be permitted pursuant to this chapter treating infectious waste shall submit, not later than the tenth day of each month, to the Department of Health and Environmental Control:
(1) a report detailing the total weight of infectious waste received for treatment during the preceding month and its point of origin;
(2) a check made payable to the department for the fee due for the preceding month;
(3) in case of failure to file a return on or before the date prescribed by law or failure to pay a fee on or before the date prescribed by law, there must be added a penalty of twenty-five percent of the amount of fee due. The department may revoke a permit to operate for failure to pay any fees, penalties, or interest required by law. Upon payment the department may reinstate the permit to an operator of a commercial permitted treatment facility treating infectious waste in this State. The penalty provided by this item may be reduced or waived by the department for reasonable cause;.
(C) A person treating infectious waste who fails to remit the fee or penalty as provided by law must be charged interest at the rate of one percent a month. Interest must be calculated on the full amount of the fee or portion of it, exclusive of penalties, from the time the fee or penalty was due and paid in its entirety."
C. Section 44-93-170 of the 1976 Code, as last amended by Act 612 of 1990, Part II, Section 6B, is further amended to read:
"Section 44-93-170. The department shall establish an Infectious Waste Contingency Fund to ensure the availability of funds for response actions necessary at commercial permitted infectious waste treatment facilities and necessary from accidents in the transportation of infectious waste and to defray the cost of governmental response action actions associated with infectious waste. This After funding of the Infectious Waste Program Fund, as provided for in Section 44-93-165. The Infectious Waste Contingency Fund must be financed by the remaining fees imposed pursuant to Section 44-93-160. The revenue derived from the fees on waste must be credited to the Infectious Waste Contingency Fund must be allocated as follows: an amount equal to two-thirds of the fees must be deposited into the fund and an amount equal to one-third of the fees must be held in a separate and distinct account within the fund for the purpose of being returned to each county in which the fee imposed by Section 44-93-160 is collected. When the amount of fees held in the Infectious Waste Contingency Fund meets or exceeds five million dollars, two-thirds of all subsequent fees collected to be credited to the Infectious Waste Contingency Fund must be remitted to the Hazardous Waste Contingency Fund established pursuant to Section 44-56-160(A) to assist in defraying the costs of governmental response actions at uncontrolled hazardous waste sites, with the remaining one-third of all subsequent fees collected pursuant to Section 44-93-160 credited to the Infectious Waste Contingency Fund continuing to be placed into a separate and distinct account for counties as provided in this item section. Interest earned by the funds must be credited to the general fund of the State. Proceeds of the county account returned to a county pursuant to this section must be released by the State Treasurer upon the written request of a majority of the legislative delegation of the recipient county."
D. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\N05\7669BDW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-17-4095 OF THE 1976 CODE, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS, PROVIDE FOR THE SECTION TO APPLY TO ALL RAILROAD RIGHTS-OF-WAY, PROVIDE EXCEPTIONS, AND PROVIDE FOR THE USE OF REVENUE COLLECTED FROM FINES IMPOSED PURSUANT TO THIS SECTION.
A. Section 58-17-4095 of the 1976 Code, as added by Act 542 of 1988, is amended to read:
"Section 58-17-4095. (A) No person may park or operate a vehicle on a railroad right-of-way where there are existing tracks, and no person may walk on a railroad track unless the person:
(1) is an employee of the railroad which owns the right-of-way in the performance of his duties;
(2) has authority from the railroad which owns the right-of-way;
(3) is using a public or private roadway which crosses over the railroad at an established grade crossing;
(4) is acting in an official capacity with the military, police force, a fire fighting organization, or some a similar public authority and must shall enter onto the railroad right-of-way to carry out his or her responsibilities; or
(5) is an employee of a public utility or telecommunications carrier, or of the forestry industry, and must shall enter onto the railroad right-of-way to carry out his responsibilities; or
(6) is a land surveyor, an employee, or another individual subject to the supervision of the land surveyor while working within the scope of employment.
(B) For the purposes of this section, the term 'vehicle' includes all standard vehicles normally operated on roadways, such as automobiles, trucks, vans, and motorcycles, and all off-road vehicles. Off-road vehicles include, but are not limited to, four-wheel drive or low-pressure tire vehicles, two or three wheel vehicles, amphibious machines, and ground-effect or air-cushioned vehicles.
(C) Revenues collected from fines imposed pursuant to this section must be used to fund the Schoolhouse Safety Resource Center's other operating expenses under the South Carolina Education Improvement Act. A person violating the provisions of who violates this section is guilty of a misdemeanor and, upon conviction, shall pay a fine of must be fined not more than two hundred dollars or serve a term of imprisonment for imprisoned not more than thirty days."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. McABEE explained the amendment.
Rep. McTEER raised the Point of Order that Amendment No. 12 was out of order as it was not germane in that it did not relate to a line item.
Rep. McABEE argued contra the Point.
The SPEAKER stated that it did not relate to a line item in Part I and he sustained the Point of Order and ruled the amendment out of order.
Reps. M.O. ALEXANDER and GAMBLE proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\BBM\10994JM.94), which was adopted.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES, CIVIL FINES, AND THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO REQUIRE THE WORKERS' COMPENSATION COMMISSION TO REFER ALL CASES OF SUSPECTED FALSE STATEMENT OR MISREPRESENTATION TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION IF WARRANTED.
A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:
Section 38-55-510. This article is known and may be cited as the 'Omnibus Insurance Fraud and Reporting Immunity Act'.
Section 38-55-520. The purpose of this article is to confront aggressively the problem of insurance fraud in South Carolina by facilitating the detection of insurance fraud; to allow reporting of suspected insurance fraud; to grant immunity for reporting suspected insurance fraud; to prescribe penalties for insurance fraud; to require restitution for victims of insurance fraud; to establish a division within the Office of the Attorney General to prosecute insurance fraud; and to require the investigation of alleged insurance fraud by State Law Enforcement Division.
Section 38-55-530. As used in this article:
(a) 'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.
(b) 'Insurer' shall have the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.
(c) 'Person' means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical provider, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.
(d) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made for the purpose of obtaining or denying or causing another to obtain or deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud.
(e) 'Immune' means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the insurer or authorized agency against the insured or gross negligence or reckless disregard for his rights is present.
Section 38-55-540. Any person or insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud or deceive, who assists, abets, solicits, or conspires with such person or insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed thirty days;
(2) felony, for a first offense violation, if the amount of the benefit received is one thousand dollars or more. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed five years, or by both such fine and imprisonment;
(3) felony, for a second or subsequent violation, regardless of the amount of the benefit received. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed five years, or by both such fine and imprisonment.
Any person or insurer convicted under this section must be ordered to make full restitution to the victim or victims for any economic benefit or advantage which has been obtained by the person or insurer as a result of that violation.
Section 38-55-550. (A) In addition to any criminal liability, any person who is found by a court of competent jurisdiction to have violated any provision of this act, including Section 38-55-170, must be subject to a civil penalty for each violation as follows:
(1) for a first offense, a fine not to exceed five thousand dollars;
(2) for a second offense, a fine not less than five thousand dollars but not to exceed ten thousand dollars;
(3) for a third and subsequent offense, a fine not less than ten thousand dollars but not to exceed fifteen thousand dollars.
(B) The civil penalty shall be paid to the director of the Insurance Fraud Division to be used in accordance with subsection (D) of this section. The court may also award court costs and reasonable attorneys' fees to the director. When requested by the director, the Attorney General may assign one or more deputy attorney generals to assist the bureau in any civil court proceedings against the person.
(C) Nothing in subsections (A) and (B) shall be construed to prohibit the director of the Insurance Fraud Division and the person alleged to be guilty of a violation of this act from entering into a written agreement in which the person does not admit or deny the charges but consents to payment of the civil penalty. A consent agreement may not be used in a subsequent civil or criminal proceeding relating to any violation of this act.
(D) All revenues from the civil penalties imposed pursuant to this section shall be used to provide funds for the costs of enforcing and administering the provisions of this act.
Section 38-55-560. (a) There is established in the Office of the Attorney General a division to be known as the Insurance Fraud Division, which must prosecute violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity. Upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity, the Attorney General shall forward the information to the State Law Enforcement Division for investigation.
(b) The Attorney General, upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity, is empowered to:
(1) refer the matter for investigation to the State Law Enforcement Division;
(2) prosecute persons determined to be in violation of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity in a court of appropriate jurisdiction; and
(3) collect fines and restitution ordered by such courts. Where deemed appropriate, the Attorney General may use the Setoff Debt Collection Act to collect fines and restitution ordered as a result of actions brought pursuant to Sections 38-55-170 and 38-55-540.
(c) The State Law Enforcement Division shall investigate thoroughly all claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity received from the Attorney General pursuant to this section.
(d) The Insurance Fraud Division of the Office of Attorney General and the investigative services of the State Law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance and/or from fines assessed under Sections 38-55-170 and 38-55-540 which shall be deposited in the general revenue fund to the credit of the Office of the Attorney General and the State Law Enforcement Division to offset the costs of this program. These monies shall be shared equally on a fifty-fifty basis by the Office of the Attorney General and the State Law Enforcement Division.
Section 38-55-570. (a) Any person, insurer, or authorized agency having reason to believe that another has made a false statement or misrepresentation or has knowledge of a suspected false statement or misrepresentation shall, for purposes of reporting and investigation, notify the Insurance Fraud Division of the Office of the Attorney General of the knowledge or belief and provide any additional information within his possession relative thereto.
(b) Upon request by the Insurance Fraud Division, any person, insurer, or authorized agency shall release to the Insurance Fraud Division any or all information relating to any suspected false statement or misrepresentation including, but not limited to:
(1) insurance policy information relevant to the investigation, including any application for such a policy;
(2) policy premium payment records, audits, or other documents which are available;
(3) history of previous claims, payments, fees, commissions, service bills, or other documents which are available; and
(4) other information relating to the investigation of the suspected false statement or misrepresentation.
(c) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, Division of Motor Vehicles, and the Workers' Compensation Commission shall refer, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both.
(d) Except as otherwise provided by law, any information furnished pursuant to this section shall be privileged and shall not be part of any public record. Any information or evidence furnished to an authorized agency pursuant to this section shall not be subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obeyance of the subpoena or subpoena duces tecum.
Section 38-55-580. (a) A person, insurer, or authorized agency, when acting without malice or in good faith, is immune from any liability arising out of filing reports, cooperating with investigations by any authorized agency, or furnishing other information, whether written or oral, and whether in response to a request by an authorized agency or upon their own initiative, concerning any suspected, anticipated, or completed insurance fraud, when such reports or information are provided to or received by any authorized agency.
(b) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.
(c) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.
Section 38-55-590. The director of the Insurance Fraud Division in the Office of the Attorney General shall annually report to the General Assembly regarding:
(a) the status of matters reported to the division, if not privileged information by law;
(b) the number of allegations or reports received;
(c) the number of matters referred to SLED for investigation;
(d) the outcome of all investigations and prosecutions under this act, if not privileged by law;
(e) the total amount of fines levied by the court and paid to or deposited by the division; and
(f) patterns and practices of fraudulent insurance transactions identified in the course of performing its duties. The director shall also periodically report this information to insurers transacting business in this State, health maintenance organizations transacting business in this State, and other persons, including the State of South Carolina, which provide benefits for health care in this State, whether these benefits are administered directly or through a third person."
B. The 1976 Code is amended by adding:
"Section 42-9-440. The commission shall refer all cases of suspected false statement or misrepresentation to the Insurance Fraud Division of the Office of the Attorney General for investigation and prosecution, if warranted, pursuant to the Omnibus Insurance Fraud and Reporting Immunity Act.
For the purposes of this section, 'false statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made for the purpose of obtaining or denying or causing another to obtain or deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud."
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 19 was out of order as it was not germane.
Rep. M.O. ALEXANDER argued contra the Point.
The SPEAKER stated that the House had adopted previous amendments that made it germane and he overruled the Point of Order.
Rep. M.O. ALEXANDER continued speaking.
Rep. HODGES spoke in favor of the amendment.
The amendment was then adopted.
Reps. SHARPE, CARNELL, RHOAD, J. BAILEY, COBB-HUNTER, MATTOS, STODDARD, HOLT, DAVENPORT, WALDROP, RISER, WHITE, J. WILDER, SNOW, J. HARRIS, McKAY, HARVIN, McABEE, P. HARRIS, WITHERSPOON and CHAMBLEE proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5671HTC.94), which was adopted.
Amend the bill, as and if amended by adding:
TO AMEND SECTION 9-9-10 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO INCREASE THE AMOUNT OF EARNABLE COMPENSATION.
A. Section 9-9-10(13) of the 1976 Code is amended to read:
"(13) 'Earnable compensation' shall mean means forty times the daily rate of renumeration, plus thirty-six hundred six thousand dollars, of a member of the General Assembly, as from time to time in effect."
B. This section applies for members of the General Assembly retiring after June 30, 1994./
Amend title and totals to conform.
Amendment No. 47
Let the Journal reflect that I voted "no" on Amendment Number 47.
Rep. IRENE K. RUDNICK
Reps. SHARPE, CARNELL, RHOAD, J. BAILEY, COBB-HUNTER, MATTOS, STODDARD, HARVIN, HOLT, DAVENPORT, WALDROP, RISER, KOON, WHITE, McKAY, McABEE, WITHERSPOON, CHAMBLEE, J. HARRIS, M.O. ALEXANDER, NEILSON, SNOW and J. WILDER proposed the following Amendment No. 49 (Doc Name L:\council\legis\amend\JIC\5628HTC.94), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 9-9-60, AS AMENDED, OF THE 1976 CODE, RELATING TO THE RETIREMENT ALLOWANCE UNDER THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER.
Section 9-9-60(2) of the 1976 Code, as last amended by Act 189 of 1989, is further amended to read:
"(2) Effective July 1, 1989 1994, a retired member shall receive a monthly retirement allowance which is equal to one-twelfth of four five and eighty-two hundredths percent of earnable compensation multiplied by the number of years of his the member's credited service prorated for periods less than a year."
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
I voted against Amendment #49 (Section 17, Page 623.)
Rep. CANDY Y. WAITES
Amendment No. 49
Let the Journal reflect that I voted "no" on Amendment Number 49.
Rep. IRENE K. RUDNICK
Reps. CROMER and GAMBLE proposed the following Amendment No. 91 (Doc Name L:\council\legis\amend\GJK\20596SD.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered to read:
TO AMEND SECTION 11-35-710 OF THE 1976 CODE, TO AMEND THE 1976 CODE BY ADDING SECTION 58-31-75 SO AS TO PROVIDE THAT THE PUBLIC SERVICE AUTHORITY IN PROCURING AND OPERATING MOTOR VEHICLES SHALL BE SUBJECT TO RULES, REGULATIONS, POLICIES, AND PROCEDURES OF THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE BUDGET AND CONTROL BOARD IN THE SAME MANNER STATE AGENCIES AND DEPARTMENTS ARE SUBJECT TO THESE RULES, REGULATIONS, POLICIES, AND PROCEDURES, PROVIDED ALL MOTOR VEHICLES OF THE AUTHORITY MUST BE TITLED IN THE NAME OF THE AUTHORITY.
A. The 1976 Code is amended by adding:
"Section 58-31-75. The Public Service Authority in procuring and operating motor vehicles shall be subject to rules, regulations, policies, and procedures of the division of motor vehicle management of the budget and control board in the same manner state agencies and departments are subject to these rules, regulations, policies, and procedures, provided all motor vehicles of the authority must be titled in the name of the authority."/
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. LAW raised the Point of Order that Amendment No. 91 was out of order as it was not germane.
Rep. CROMER argued contra the Point in stating that there was direct cost to the State under the Budget and Control Motor Vehicle Management Division which was allocated in Part I, Section 17, Page 100, Line 24 and it would be an expenditure for the Budget and Control Board to bring in the automobiles and change titles to the State of South Carolina and supervise them.
The SPEAKER stated that it had to directly relate to revenue appropriated in Part I.
Rep. CROMER stated that it directly related to revenue in that surplus automobiles would have to be disposed of by the Budget and Control Board by the Division of Vehicle Management.
The SPEAKER stated that there was no money involving the Public Service Authority in this Bill.
Rep. CROMER stated, citing page 506A in Part I, that the Public Service Authority was still a quasi public entity and it had a line item of 6.5 million dollars remitted to the General Fund.
The SPEAKER stated that that was just an assessment that they contribute under general law and that there was no money involving any operation of the Public Service Authority in this Bill and he sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER proposed the following Amendment No. 102 (Doc Name L:\council\legis\amend\DKA\3304BDW.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 55-5-70, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO REVISE THE DIVISION'S AUTHORITY; TO PROVIDE FOR A STUDY OF SHUTTLE FLIGHTS; AND TO PROVIDE FOR A REDUCTION OF STATE AIRCRAFT.
A. Section 55-5-70 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-70. The division shall foster air commerce within the State and the division shall have has supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:
(1) state aircraft, except aircraft used for state law enforcement and aircraft purchased, operated, and maintained by public college or university athletic departments;
(2) the designing, laying out, location, building, equipping, operation, and use of all airports, landing fields or landing strips.;
(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;
(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and
(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations
Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."
B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1995.
C. The Aeronautics Division shall reduce by one the number of state-owned aircraft immediately upon acquisition of jurisdiction over these aircraft as provided in subsection A of this section. Proceeds from the sale of the aircraft must be expended for the division's maintenance programs and for the cost of the study provided for in subsection B.
D. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 102 was out of order as it did not directly relate to a line item in Part I.
Rep. CROMER argued contra the Point in stating that it directly related to the budget of the Aeronautics Commission under the Department of Commerce under other operating expenses. He further stated that there was a ruling last year dealing with state cars and under the Speaker's conclusion, the effect of an amendment did relate to the revenue of an appropriation because it called for direct reimbursement of commuter miles. He further stated that with this there was a direct sale of an airplane bringing revenue immediately into the budget. He further stated on page 4 of the amendment the revenues were allocated when it stated that proceeds from the sale of this aircraft must be expended for the division's maintenance programs and for the cost of the study provided for in Subsection B of the amendment.
Rep. McABEE stated that the monies for the study were not in Part I and that the funds for the sale of the aircraft were not in Part I.
Rep. CROMER stated that the reimbursement for the commuter miles from last year were not in Part I either under the Speaker's Ruling.
The SPEAKER stated that it had to relate to a line item.
Rep. CROMER stated that it related to line 33, Other Operating Expenses on page 410 of the Bill and line 3 on page 411.
The SPEAKER stated it was germane and he overruled the Point of Order.
Rep. CROMER continued speaking.
Reps. J. WILDER, HOLT and GONZALES spoke against the amendment.
Rep. CROMER spoke in favor of the amendment.
Rep. PHILLIPS spoke against the amendment and moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, H. Brown, J. Canty Carnell Cato Chamblee Clyborne Cooper Delleney Elliott Fair Farr Felder Fulmer Gonzales Graham Harrell Harrelson Harris, J. Harris, P. Harwell Holt Houck Inabinett Jennings Keegan Kelley Kennedy Kinon Koon Law Marchbanks Martin McAbee McCraw McLeod McMahand McTeer Phillips Rhoad Riser Scott Sharpe Shissias Smith, D. Snow Spearman Stille Stoddard Townsend Tucker Vaughn Walker Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Worley
Those who voted in the negative are:
Bailey, J. Beatty Cromer Davenport Gamble Govan Hallman Harrison Haskins Hines Hodges Huff Hutson Jaskwhich Keyserling Kirsh Klauber Littlejohn McKay Meacham Moody-Lawrence Neal Neilson Quinn Richardson Robinson Rudnick Sheheen Simrill Smith, R. Stone Stuart Thomas Trotter Waites Wells Wofford Wright Young, A.
So, the amendment was tabled.
Rep. QUINN proposed the following Amendment No. 129 (Doc Name L:\council\legis\amend\JIC\5704HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-27-12 SO AS TO PROVIDE FOR THE REDUCTION OF CERTAIN TRANSFERS FROM THE HIGHWAY FUND TO THE GENERAL FUND OF THE STATE BEGINNING WITH SUCH TRANSFERS IN FISCAL YEAR 1994-95 AND TO PROVIDE THAT EXCEPT FOR THE FISCAL YEAR 1994-95 TRANSFER, THE REVENUES IN THE HIGHWAY FUND MUST NOT BE USED FOR PURPOSES OTHER THAN THOSE PROVIDED IN CHAPTER 29 OF TITLE 12 OF THE 1976 CODE, EXCEPT BY MEANS OF SEPARATE LEGISLATION PASSED BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THIS SECTION MAY NOT BE AMENDED OR REPEALED EXCEPT BY SEPARATE LEGISLATION PASSED BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY, AND TO DEFINE "SPECIAL VOTE".
A. Article 1, Chapter 27, Title 12 of the 1976 Code is amended by adding:
"Section 12-27-12. The transfer of $9,805,066 from the Highway Fund to the general fund of the State contained in the appropriations act for fiscal year 1994-95 must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in the general appropriations act for fiscal year 1994-95 for these fees. Each year thereafter, any transfer of funds from the Highway Fund to the general fund of the State must not exceed the amount of any such transfer during the previous fiscal year and subsequently must be reduced by the amount of revenue from fees generated by Title 56 which exceed the estimate contained in that year's general appropriations act. Except for the $9,805,066 transfer contained in the general appropriations act for fiscal year 1994-95, the highway fund must not be used for any purposes other than the purposes provided in Chapter 27 of Title 12 as originally enacted except by separate legislation specifically for this purpose passed by a special vote of the General Assembly. This section may not be amended or repealed except by separate legislation enacted specifically for this purpose passed by a special vote of the General Assembly. For purposes of this section,
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. MARTIN proposed the following Amendment No. 132 (Doc Name L:\council\legis\amend\N05\7668BDW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-175 SO AS TO PROVIDE FOR TEMPORARY RETAIL PERMITS TO SELL BEER AND WINE.
A. The 1976 Code is amended by adding:
"Section 61-9-175. A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business may be issued a temporary retail beer or beer and wine permit by the department upon the purchase. The permit is effective until a permanent retail beer or beer and wine permit is approved or disapproved by the department."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. MARTIN explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 132 was out of order as it did not relate to revenue in Part I.
The SPEAKER stated that it did not relate to revenue in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. CROMER proposed the following Amendment No. 103 (Doc Name L:\council\legis\amend\DKA\3306BDW.94), which was adopted, later reconsidered and tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 55-5-70, AS AMENDED, OF THE 1976 CODE, RELATING TO THE DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO REVISE THE DIVISION'S AUTHORITY; AND TO PROVIDE FOR A STUDY OF SHUTTLE FLIGHTS.
A. Section 55-5-70 of the 1976 Code, as last amended by Section 1289, Act 181 of 1993, is further amended to read:
"Section 55-5-70. The division shall foster air commerce within the State and the division shall have has supervision over the aeronautical activities and facilities within the State. Such The authority shall include includes supervision and control over all aircraft owned, operated, and maintained by the State, its departments and agencies, airports, landing fields, landing strips, air instruction, air parking, air beacons, and all other air navigation facilities. Accordingly, the division may prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and for the promotion of aeronautics governing:
(1) state fixed wing aircraft, except fixed wing aircraft used for state law enforcement and aircraft purchased, operated, and maintained by public college or university athletic departments;
(2) the designing, laying out, location, building, equipping, operation, and use of all airports, landing fields or landing strips.;
(3) The division may further prescribe such reasonable rules and regulations as it may deem necessary governing the curriculum, equipment, personnel, and operation, and management of all air instruction, for the purpose of protecting to protect the health and safety of students receiving or to receive such instruction and insuring, so far as may be, ensuring the public safety through the proper training and instruction of student aviators.;
(4) The division may further prescribe such reasonable rules and regulations as it may deem necessary and advisable for the public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics governing the establishment, location, maintenance, and operation of all air markings, air beacons, and other air navigation facilities.; and
(5) The division may further prescribe such reasonable air traffic rules and regulations as it shall deem necessary for public safety and the safety of those engaged in aeronautics and for the promotion of aeronautics;. provided, however, that no rules or regulations
Regulations prescribed by the division under the authority of this section shall be must not be inconsistent with the then current federal legislation governing aeronautics and the regulations duly promulgated thereunder under federal law."
B. The Aeronautics Division shall conduct a study to examine the feasibility and potential cost savings of providing shuttle flights in state-owned aircraft to frequently traveled destinations. The division shall report its findings to the General Assembly through the House Ways and Means and Senate Finance Committees by January 1, 1995. The study must be funded from appropriations to the division.
C. This section takes effect July 1, 1994./
D. Notwithstanding compliance with this amendment, the plane used by The Medical University in Chas. shall remain based there for its exclusive use.
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HOLT moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey, G. Baxley Breeland Brown, G. Brown, H. Brown, J. Carnell Cooper Farr Felder Gamble Harris, J. Harris, P. Harwell Holt Houck Inabinett Jennings Keegan Kelley Kennedy Kinon Koon Law Martin McAbee McCraw Phillips Rhoad Riser Sharpe Shissias Snow Stille Townsend White Wilder, J. Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, J. Baker Barber Cato Chamblee Cromer Delleney Elliott Gonzales Govan Graham Hallman Harrell Harrelson Harrison Haskins Hines Huff Hutson Jaskwhich Keyserling Kirsh Klauber Littlejohn Marchbanks McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Richardson Robinson Rogers Rudnick Scott Sheheen Simrill Smith, R. Spearman Stone Stuart Thomas Trotter Tucker Waites Walker Wells Whipper Wilder, D. Wilkins Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. HOLT spoke against the amendment.
The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 64 to 30.
Reps. BOAN and ROBINSON proposed the following Amendment No. 138 (Doc Name L:\council\legis\amend\JIC\5720HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 8-11-170 OF THE 1976 CODE, RELATING TO THE PROHIBITION ON DUAL EMPLOYMENT BY AN AGENCY HEAD WITHOUT PRIOR APPROVAL OF THE AGENCY HEAD SALARY COMMISSION AND THE STATE BUDGET AND CONTROL BOARD, SO AS TO EXTEND THIS PRIOR APPROVAL REQUIREMENT TO DEPUTY DIRECTORS, DEPUTY COMMISSIONERS, AND DEPUTY DIVISION DIRECTORS.
A. Section 8-11-170 of the 1976 Code, as added by Act 164 of 1993, is further amended to read:
"Section 8-11-170. No agency head, deputy director, deputy commissioner, or deputy division director may be dually employed by another state agency or institution of higher education without prior approval by the Agency Head Salary Commission and the State Budget and Control Board."
B. The amendment to Section 8-11-170 of the 1976 Code contained in subsection A of this section applies to dual employment entered into after June 30, 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 145 (Doc Name L:\council\legis\amend\JIC\5722HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO PROVIDE ANNUAL PAY INCREASES FOR MEMBERS OF THE GENERAL ASSEMBLY EQUAL TO THE PERCENTAGE OF THE COST OF LIVING ADJUSTMENT PROVIDED FOR STATE EMPLOYEES' SALARIES IN THE LAST COMPLETED FISCAL YEAR BEFORE THE APPLICABLE SESSION OF THE GENERAL ASSEMBLY.
Chapter 1, Title 2 of the 1976 Code is amended by adding:
"Section 2-1-185. Beginning with compensation paid to members of the General Assembly for the 1995 session, the compensation of members of the General Assembly must be increased annually by the same total percentage of cost of living adjustments provided for state employees' salaries in the last completed fiscal year before the applicable session of the General Assembly."/
Amend title and totals, renumber sections to conform.
Rep. SCOTT explained the amendment.
Rep. BOAN spoke upon the amendment.
The amendment was then adopted by a division vote of 45 to 40.
I voted against Amendment #145 allocating a pay raise for the House.
Rep. CANDY Y. WAITES
Amendment #145
Let the Journal reflect that I voted "no" on the pay increase for legislators. The enormous financial needs of this State far exceed revenue to cover these needs.
Rep. IRENE K. RUDNICK
May the Journal reflect that I voted against Amendment No. 145 which grants members of the General Assembly a pay increase.
Rep. ALFRED B. ROBINSON, JR.
Rep. McLEOD proposed the following Amendment No. 157 (Doc Name L:\council\legis\amend\N05\7702BDW.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-385 SO AS TO PROVIDE THE OFFENSES TO WHICH KNOWLEDGE AND ROAD TEST REQUIREMENTS APPLY AND SECTION 56-3-2335 SO AS TO PROVIDE FOR LICENSED MOTOR VEHICLE DEALERS TO ISSUE MOTOR VEHICLE REGISTRATIONS AND LICENSE TAGS DIRECTLY FROM THE DEALERSHIP; TO AMEND SECTION 12-36-1710, AS AMENDED, RELATING TO THE CASUAL EXCISE TAX, SO AS TO REVISE THE REQUIREMENTS FOR THE SUBMISSION OF A BILL OF SALE; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO REVISE THE TIME FOR WHICH THE PERMIT IS ISSUED AND ITS FEE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS, SO AS TO INCLUDE PERMITS AS WELL AS LICENSES IN THE REQUIREMENT FOR VERIFICATION OF LIABILITY INSURANCE COVERAGE; TO AMEND SECTION 56-1-100, RELATING TO APPLICATIONS FOR LICENSES AND PERMITS BY UNEMANCIPATED MINORS, SO AS TO PROVIDE FOR VERIFICATION OF RENEWAL APPLICATIONS; TO AMEND SECTION 56-1-140, RELATING TO THE ISSUANCE OF LICENSES AND THEIR CONTENTS, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-200, RELATING TO DUPLICATE LICENSES, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF LICENSES, SO AS TO REVISE THE RENEWAL DATE; TO AMEND SECTION 56-3-210, RELATING TO THE TIME REQUIRED TO PROCURE A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO EXTEND THE TIME; TO AMEND SECTION 56-3-230, RELATING TO APPLICATIONS FOR THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO DELETE THE SIGNATURE ACKNOWLEDGEMENT REQUIREMENT FOR APPLICATIONS; TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION OF MOTOR VEHICLES, SO AS TO PROVIDE FOR STAGGERED REGISTRATION RENEWAL DATES; TO AMEND SECTION 56-3-730, RELATING TO MOTOR VEHICLE LOAD CAPACITY CLASSIFICATIONS, SO AS TO PROVIDE THE TRUCKS FOR WHICH A GROSS VEHICLE WEIGHT LICENSE PLATE IS REQUIRED; TO AMEND SECTION 56-3-1320, RELATING TO THE FEES FOR REPLACEMENT LICENSE PLATES, REVALIDATION STICKERS, AND REGISTRATION CARDS, SO AS TO REVISE THE FEE AND PROVISIONS FOR SPECIAL PERSONALIZED PLATES; TO AMEND SECTION 56-5-5340, AS AMENDED, AND SECTION 56-5-5350, AS AMENDED, RELATING TO CERTIFICATES OF INSPECTION FOR MOTOR VEHICLES, SO AS TO DELETE THE REQUIREMENT FOR A COPY OF A CERTIFICATE OF INSPECTION AND PROVIDE FOR A SIGNED STATEMENT OF INSPECTION; TO AMEND SECTION 56-10-10, AS AMENDED, RELATING TO THE REQUIREMENT FOR MOTOR VEHICLE FINANCIAL SECURITY, SO AS TO REVISE THE INSURANCE EVIDENCE REQUIREMENT; TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALER AND WHOLESALER LICENSES, SO AS TO REVISE THE EXPIRATION DATES OF THE LICENSES AND PROVIDE FOR STAGGERED DATES; AND TO AMEND SECTION 56-15-320, AS AMENDED, RELATING TO APPLICATIONS AND REQUIREMENTS FOR WHOLESALER AND DEALER LICENSES, SO AS TO DELETE THE BOND OR PROPER CONTINUATION CERTIFICATE REQUIREMENT BEFORE LICENSE RENEWAL.
A. This section is known as the "Motor Vehicle Customer Service Act of 1994".
B. The 1976 Code is amended by adding:
"Section 56-1-385. Knowledge and road test requirements which apply to the suspension of a driver's license or the privilege to drive a motor vehicle do not apply to offenses other than point system violations.
Section 56-3-2335. The Department of Revenue and Taxation or its designated agent may allow licensed motor vehicle dealers to issue motor vehicle registrations and license tags directly from the dealership. A dealership shall apply to the department upon forms approved and provided by the department. The department may request information necessary to ensure the integrity of the current licensing system. The department may allow or refuse a dealership the right to issue motor vehicle registrations or license tags based upon criteria established by the department. If a dealership previously is denied the privilege to issue registrations and tags, upon meeting the established criteria, the dealership may be allowed to issue registrations or tags. If in the opinion of the department a bond is necessary to ensure the payment fees associated with the registering and licensing of a vehicle, the department may require a bond not to exceed the estimated value of new tags and validation stickers held by the dealership or the department's designated agent."
C. Section 12-36-1710(F) of the 1976 Code, as last amended by Section 197, Act 181 of 1993, is further amended to read:
"(F) The commission shall require every applicant for a certificate of title to supply information it considers necessary as to the time of purchase, the purchase price, and other information relative to the determination of fair market value. If the excise tax is based upon total purchase price as defined in this section, the commission shall require a submission of a bill of sale, sworn to before a notary public, certified to be a true bill of sale and signed by the owner under the perjury statutes of the state."
D. Section 56-1-50 of the 1976 Code, as last amended by Act 486 of 1992, is further amended to read:
"Section 56-1-50. A person who is at least fifteen years of age may apply to the department for a beginner's permit. The department may, After the applicant has passed successfully passed all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle on the public highways for not more than six twelve months. While driving the permittee must be accompanied by a licensed driver eighteen years of age or older who has had at least one year of driving experience, and who is occupying a seat beside the driver, except in the event when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver on a saddle-type seat or beside the driver on a bench-type seat. A beginner's permit may be renewed or a new permit issued for additional periods of six twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe that the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two three dollars, and the permit must bear the full name, date of birth, and residence address, and a brief description and color photograph of the permittee and either a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. No permit is valid until it has been so signed by the permittee.
Any A student regularly enrolled in a high school of this State which conducts a driver training course shall is not be required to obtain a beginner's permit to operate a motor vehicle while the student is participating in the driver training course and when accompanied by a qualified instructor of the driver training course.
Also exempted from the requirement of the beginner's permit are persons enrolled in driver training courses conducted by driver training schools licensed under Chapter 23 of this title. Provided, However, that such these persons shall at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law."
E. Section 56-1-80 of the 1976 Code, as last amended by Section 1298, Act 181 of 1993, is further amended to read:
"Section 56-1-80. Every application for a driver's license or permit must:
(1) be made upon the form furnished by the department;
(2) be accompanied by the proper fee, and acceptable proof of date and place of birth;
(3) contain the full name, date of birth, sex, race, and residence address of the applicant and briefly describe the applicant;
(4) state whether the applicant has been licensed as an operator or chauffeur and, if so, when and by what state or country; and
(5) state whether any such a license or permit has ever been suspended or revoked or whether an application has ever been refused and, if so, the date of and reason for such the suspension, revocation, or refusal.
Whenever application is received from a person previously licensed or permitted in another state, the Department of Revenue and Taxation in conjunction with the Department of Public Safety, shall request a copy of the applicant's record from the other state. When received, the record becomes a part of the driver's record in this State with the same force and effect as though entered on the operator's record in this State in the original instance. Every person who obtains a driver's license or permit for the first time in South Carolina, and every person who renews his driver's license or permit in South Carolina must be furnished a written request form for completion and verification of liability insurance coverage.
The completed and verified form or an affidavit prepared by the department that neither he, nor any a resident relative, owns a motor vehicle subject to the provisions of this chapter, must be returned to the department within thirty days from the date the license or permit is issued or renewed. Failure to return the form or affidavit results in the suspension of the newly issued or renewed driver's license or permit until a properly executed form or affidavit is returned to the department."
F. Section 56-1-100 of the 1976 Code is amended to read:
"Section 56-1-100. The application of any an unemancipated minor for a beginner's permit, instruction permit, or driver's license shall must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian or, in the case of for all other minors, by some a responsible adult who is willing to assume the obligation imposed under this article upon a person signing the application of a minor. Upon the extension of a permit pursuant to Section 56-1-50, authorization by the father, mother, guardian, or a responsible adult is not required."
G. Section 56-1-140 of the 1976 Code is amended to read:
"Section 56-1-140. The Department shall Upon the payment of a fee of ten twelve dollars and fifty cents, the department shall issue to every qualified applicant qualifying therefor a driver's license as applied for, which. The license shall must bear thereon on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be is valid until it has been so signed by the licensee. The license shall authorize authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
H. Section 56-1-200 of the 1976 Code is amended to read:
"Section 56-1-200. In the event that If a driver's license is lost or destroyed, the person to whom the license was issued may, upon payment of a fee of fifty cents three dollars, may obtain a duplicate or, substitution thereof of it upon furnishing proof satisfactory to the department that such the license has been lost or destroyed."
I. Section 56-1-210 of the 1976 Code is amended to read:
"Section 56-1-210. Every license expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from any a person authorized by law to examine eyes.
No license may be renewed until the licensee is reexamined as provided in Section 56-1-130, except that the licensee is not required to take the road test provided in that section 56-1-130; provided, further, that. Only the visual examination is required of those persons who have no more than five points for moving traffic violations in the two years prior to before making application for renewal. For cause shown, the department may require the submission by the applicant of evidence satisfactory to the department of the applicant's mental and physical fitness to drive and his knowledge of traffic laws and regulations. If the evidence is not satisfactory to the department, the Department it may require an examination of the applicant as upon an original application. Parallel parking is not required as a part of the driver test.
If the license of any a person expires, and he was is unable to renew it before its expiration date because he was on active military duty outside this State for a continuous period of at least thirty days immediately prior to before the expiration date or because he was the spouse or dependent living for a continuous period of at least thirty days immediately prior to before the expiration date with a person on active military duty outside this State, the person, within forty-five days after returning to this State, may renew the license in the manner permitted by this section as though the license had not expired. The department may require proof that a person qualifies for renewal of his license under this paragraph as the department considers necessary."
J. Section 56-3-210 of the 1976 Code is amended to read:
"Section 56-3-210. Persons newly acquiring these vehicles and owners of foreign vehicles being moved into this State and required to be registered under the provisions of this chapter may have a period of not exceeding thirty more than forty-five days in which to register and license them."
K. Section 56-3-230 of the 1976 Code is amended to read:
"Section 56-3-230. Every owner of a vehicle subject to registration and for which a license is required hereunder shall make application to the department for the registration and licensing of such the vehicle upon the appropriate form or forms furnished by the department. Every such application shall must bear the signature of the owner, and such signature shall be acknowledged by the owner before a person authorized to administer oaths."
L. Section 56-3-376 of the 1976 Code, as last amended by Section 22C, Part II, Act 164 of 1993, is further amended by adding at the end:
"Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."
M. Section 56-3-730 of the 1976 Code is amended to read:
"Section 56-3-730. The owner of a vehicle classified under Sections 56-3-130 and 56-3-660 to 56-3-710, may register and license such the vehicle for the desired load capacity classification, and. A previous registration and license for a particular load capacity classification for a particular vehicle shall does not be deemed as fixing fix the load capacity classification on such the vehicle for future registrations and licenses or renewals. Also The owner may have has the privilege at any time during a then current registration and license period to raise the load classification for a vehicle by making application therefor for it to the department and paying the required increased differential in fee, but. However, the owner may does not have the privilege of reducing the load classification for a particular vehicle until the expiration of the then current registration and license period. A vehicle classified under this chapter as a truck with an empty weight of not more than five thousand pounds or with a gross weight of not more than eight thousand pounds must display a gross vehicle weight license plate."
N. Section 56-3-1320 of the 1976 Code is amended to read:
"Section 56-3-1320. The department shall charge a fee of six dollars or the annual registration fee, whichever is less, for every license plate or revalidation sticker issued as a replacement except those vehicles whose fees are prescribed by Section 56-3-660. If a special personalized plate is replaced by a license plate for which the initial registration fee is set by Section 56-3-620, the Department shall charge a fee of six dollars. If the However, when a special personalized plate is replaced by a new special personalized plate, the department shall charge a fee in the same amount as the original fee. The department shall require proof of the payment of taxes when issuing a replacement plate or replacement revalidation sticker. A fee of one dollar must may be charged for postage and handling if the replacement plate or sticker is to be mailed to the owner. The department may not charge a fee for every duplicate registration card issued as a replacement for a registered and licensed vehicle, but a fee of one dollar must be charged for every other type duplicate registration card issued by the department."
O. Section 56-5-5340 of the 1976 Code, as last amended by Section 1454, Act 181 of 1993, is further amended to read:
"Section 56-5-5340. The Department of Revenue and Taxation shall may not register a used vehicle for the first time unless the application therefor for it is accompanied by a copy of a certificate of inspection as provided for in this article and made out in the name of statement signed by the new owner that the department's inspection requirements for the vehicle have been fulfilled. The limitations of inspection, conditions of repair, and use of defective vehicles provided for in this article shall apply to such a used vehicle."
P. Section 56-5-5350 of the 1976 Code, as last amended by Section 1455, Act 181 of 1993, is further amended to read:
"Section 56-5-5350. (A) The Department of Revenue and Taxation shall require that every vehicle registered in this State, except house trailers, shall must be inspected at least once a year and have displayed at all times a department-approved certificate of inspection and approval in a practical location specified by the department. No person shall may drive or move on any a highway any a vehicle, except a house trailers trailer, unless there shall be is in effect and properly displayed thereon on it a current certificate of inspection.
(B) Such The inspection shall must be made of every such vehicle and such certificates obtained with respect to the mechanism, lights, tires, brakes, and equipment of such the vehicle as shall be designated by the department.
(C) The department of Revenue and Taxation may accept a certificate of inspection and approval issued by a qualified agency or department of another state and shall except from the provisions of this article all vehicles subject to the United States Department of Transportation federal motor carrier safety regulations.
(D) The department of Revenue and Taxation shall suspend the registration of any a vehicle which it determines is in such an unsafe condition as to constitute and constitutes a menace to safety and which after notice and demand is not equipped, as required in this article, and for which a required certificate has not been obtained.
(E) The department of Revenue and Taxation, before registering and titling a vehicle, shall require that the application therefor be for it is accompanied by an official certificate of inspection and approval issued for the vehicle by an inspection station licensed to inspect vehicles in this State a statement signed by the applicant that the department's inspection requirements for the vehicle have been fulfilled.
(F) No motor vehicle shall may be sold in South Carolina without having a valid South Carolina inspection stamp affixed before delivery to the buyer."
Q. Section 56-10-10 of the 1976 Code, as last amended by Section 1473, Act 181 of 1993, is further amended to read:
"Section 56-10-10. Every owner of a motor vehicle required to be registered in this State shall maintain the security required by Section 56-10-20 with respect to each such motor vehicle owned by him throughout the period the registration is in effect. No certificate of registration may be issued or transferred to an owner by the Director of the Department of Revenue and Taxation unless the owner or prospective owner produces satisfactory evidence that the security is in effect, including the name of the owner's automobile liability insurer, the name of the agent, the identification number of the insurance policy, and the effective dates of the policy, except in cases where other security is approved and his signed statement, subject to this state's perjury statutes, that insurance is in place as required by this section."
R. Section 56-15-310 of the 1976 Code is amended to read:
"Section 56-15-310. (1)(A) Before engaging in business as a dealer or wholesaler in this State, a person first must make application shall apply to the department for a license. Each license issued expires on December thirty-first next following the date of issuance must be assigned an annual expiration date pursuant to a staggered monthly basis and must be displayed prominently at the established place of business. The fee for the license is fifty dollars. The license applies to only one place of business of the applicant and is not transferable to another person or place of business except that. However, a licensed dealer may exhibit and sell motor homes, as defined by Section 56-15-10, at fairs, recreational or sports shows, vacation shows, and other similar events or shows upon obtaining a temporary dealer's license in the manner required by this section. Before exhibiting and selling motor homes at temporary locations as permitted above in this subsection, the dealer shall first make application shall apply to the department for a license. To be eligible for a temporary license, a dealer shall hold a valid dealer's license issued pursuant to this chapter. Every temporary dealer's license issued is valid for a period not to exceed more than ten consecutive days and must be prominently displayed prominently at the temporary place of business. No dealer may purchase more than six temporary licenses in any one calendar year. The fee for each temporary license issued is twenty dollars. A temporary license applies to only one dealer operating in a temporary location and is not transferable to any other another dealer or location.
(B) Any A person failing to secure a temporary license as required by this section is guilty of a misdemeanor and, upon conviction, must be punished in the same manner as he would be punished for failure to secure his regular dealer's license.
(C) The provisions of This section may does not be construed as allowing allow the sale of any type of motor vehicles other than motor homes at authorized temporary locations.
(2)(D) Any A person failing to secure a license as required in this chapter is guilty of a misdemeanor and, upon conviction, must be punished fined not less than:
(a)(1) By a fine of not less than fifty dollars nor more than two hundred dollars or imprisonment for imprisoned not more than thirty days for the first offense.;
(b)(2) By a fine of not less than two hundred dollars nor more than one thousand dollars or imprisonment for imprisoned not more than six months, or both, for the second offense.;
(c)(3) By a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for imprisoned not more than two years, or both, for the third or any a subsequent offense.
(E) For purposes of this section, the sale of each motor vehicle constitutes a separate offense."
S. Section 56-15-320 of the 1976 Code, as last amended by Section 1485, Act 181 of 1993, is further amended to read:
"Section 56-15-320. (1)(A) Before any a license as a 'wholesaler' or 'dealer' is issued to an applicant, he must shall file an application with the department and furnish the information the department may require, including, but not limited to, information adequately identifying by name and address any individual individuals who owns own or controls control ten percent or more of the interest in the business. The policy of this section is full disclosure.
(2)(B) Each applicant for licensure as a dealer or wholesaler must shall furnish a surety bond in the penal amount of fifteen thousand dollars on a form to be prescribed by the director of the department. The bond must be given to the department and executed by the applicant, as principal, and by a corporate surety company authorized to do business in this State, as surety. The bond must be conditioned upon the applicant or licensee complying with the provisions of the statutes applicable to the license and as indemnification for any loss or damage suffered by an owner of a motor vehicle, or his legal representative, by reason of any fraud practiced or fraudulent representation made in connection with the sale or transfer of a motor vehicle by a licensed dealer or wholesaler or the dealer's or wholesaler's agent acting for the dealer or wholesaler or within the scope of employment of the agent or any loss or damage suffered by reason of the violation by the dealer or wholesaler or his agent, of any of the provisions of this chapter. An owner or his legal representative, who suffers the loss or damage has a right of action against the dealer or wholesaler and against the dealer's or wholesaler's surety upon the bond and may recover damages as provided in this chapter. A new bond or a proper continuation certificate must be delivered to the Department annually before the license is renewed. However, regardless of the number of years a bond remains in effect, the aggregate liability of the surety for any and all claims is limited to fifteen thousand dollars on each bond and to the amount of the actual loss incurred. The surety has the right to may terminate its liability under the bond by giving the department thirty days' written notice of its intent to cancel the bond. The cancellation does not affect any liability incurred or accrued prior to before the cancellation.
(3)(C) If, during any a license year, there is any a change in the information that a dealer or wholesaler gave the department in obtaining or retaining a license under this section, the licensee shall report the change to the department within thirty days after the change occurs on the form the department requires.
(4)(D) In the event If a licensee ceases being a dealer or wholesaler, he shall, within ten days thereafter of that time, he shall notify the department of this fact and return to the department any a license issued pursuant to this chapter and all current dealer license plates issued to the dealer or wholesaler."
T. Funds generated from the adoption of this section must be credited to the General Fund and must be appropriated to the Department of Health and Environmental Control for the provision of long acting or permanent forms of contraception such as implants, injections or sterilization.
U. This section takes effect January 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. WALKER raised the Point of Order that Amendment No. 157 was out of order as it was not germane.
Rep. McLEOD argued contra the Point.
SPEAKER Pro Tempore WILKINS stated that the last paragraph of the amendment referred to the General Fund and the Department of Health and Environmental Control and he overruled the point of Order.
Rep. FARR moved to table the amendment.
Rep. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 38.
Reps. QUINN and RICHARDSON proposed the following Amendment No. 158 (Doc Name L:\council\legis\amend\BBM\9010JM.94), which was ruled out of order.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-3-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980; AND TO PROVIDE FOR THE EXPIRATION OF TERMS OF PUBLIC SERVICE COMMISSION MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS SECTION AND FOR THE ELECTION OF SUCCESSOR MEMBERS.
A. Section 58-3-20 of the 1976 Code, as last amended by Section 1549 of Act 181 of 1993, is further amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980 1990. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission."
B. The terms of all of the members of the Public Service Commission serving on the effective date of this section shall terminate during Fiscal Year 1994-1995 upon the election of their successors by the General Assembly pursuant to Section 58-3-20 of the 1976 Code of Laws, as amended by subsection A of this section. Such election of the successors must be accomplished by the General Assembly before sine die adjournment of the 1995 Session.
C. This section takes effect July 1, 1994./
Renumber sections and amend title to conform.
Rep. QUINN explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 158 was out of order as it was not germane.
Rep. QUINN argued contra the Point.
Rep. BAXLEY stated that there was not a change in expenditures and it was not germane under Rule 5.3.
Rep. HASKINS stated that it had no effect on revenue or expenditures.
Rep. QUINN continued to argue contra the Point.
Rep. FELDER stated that it did not affect revenue or the appropriation of money.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 159 (Doc Name L:\council\legis\amend\GJK\20604SD.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-115 SO AS TO PROVIDE THAT EVERY SCHOOL DISTRICT WITH AT LEAST TWO THOUSAND FIVE HUNDRED STUDENTS AS REFLECTED ON THE ONE HUNDRED THIRTY-FIVE DAY ATTENDANCE REPORT MUST ESTABLISH DURING FISCAL YEAR 1994-95 AN ALTERNATIVE SCHOOL TO SERVE AT-RISK STUDENTS OF THE DISTRICT, AND TO PROVIDE THAT SCHOOL DISTRICTS MAY UTILIZE EDUCATION IMPROVEMENT ACT BUILDING FUNDS RECEIVED DURING FISCAL YEAR 1994-95 FOR THE PURPOSE OF ESTABLISHING SUCH A SCHOOL AS REQUIRED ABOVE.
The 1976 Code is amended by adding:
"Section 59-17-115. Every school district with at least two thousand five hundred students as reflected on the one hundred thirty-five day attendance report must establish during fiscal year 1994-95 an alternative school to serve at-risk students of the district. An alternative school for purposes of this section is a school which serves students who have failed in more traditional settings by providing special instruction programs, counseling, and other curricula which are tailored to the student's individual needs.
School districts in establishing alternative schools as required by the provisions of this section may utilize Education Improvement Act building funds received during fiscal year 1994-95 for the purpose of establishing such a school."/
Renumber sections & amend totals/title to conform.
Rep. RUDNICK explained the amendment.
Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 37 to 10.
Reps. HODGES, GONZALES and CROMER proposed the following Amendment No. 162 (Doc Name L:\council\legis\amend\DKA\3288AL.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 52 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-209 SO AS TO PROVIDE FOR THE DISTRIBUTION OF A FINE OR ASSESSMENT WHEN IT IS MADE IN INSTALLMENTS; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE COUNTY TREASURERS, MUNICIPAL TREASURERS, COUNTY CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS; 14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 23-6-470 RELATING TO FINES AND BONDS FOR CRIMINAL OR TRAFFIC VIOLATIONS HAVING A SURCHARGE ADDED TO THEM TO BE USED TO FUND TRAINING PROGRAMS; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS; AND TO PROVIDE, BEGINNING JANUARY 1, 1995, THAT EACH CLERK OF COURT, MAGISTRATE, AND MUNICIPAL COURT JUDGE MUST KEEP AN ACCOUNT OF ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUES GENERATED BY THE COURTS AND A SEPARATE ACCOUNT OF ALL ASSESSMENTS, TO PROVIDE FOR THE TIME REPORTS OF THIS INFORMATION MUST BE MADE, PROVIDE FOR A REVIEW OF THE REPORTS BY THE GENERAL ASSEMBLY AND ITS APPROPRIATE ACTION AFTER REVIEW.
A. The 1976 Code is amended by adding:
"Section 14-1-205. Except as provided in Sections 17-15-260, 34-11-90, 50-1-150, 50-1-170, and 56-5-4160, on January 1, 1995, 56 percent of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the circuit courts and the family courts must be remitted to the county in which the proceeding is instituted and 44 percent of the revenues must be delivered to the county treasurer to be remitted monthly by the fifteenth day of each month to the State Treasurer on forms and in a manner prescribed by him. When a payment is made to the county in installments, the state's portion must be remitted to the State Treasurer by the county treasurer on a monthly basis. The 44 percent remitted to the State Treasurer must be deposited as follows:
(1) 72.93 percent to the general fund;
(2) 16.73 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;
(3) 10.34 percent to the State Office of Victim Assistance under the South Carolina Victim's Compensation Fund.
In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund."
B. The 1976 Code is amended by adding:
"Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions or family court must pay an amount equal to sixty-two percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 16.52 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;
(3) .5 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 6.34 percent to the general fund."
C. The 1976 Code is amended by adding:
"Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrates' court must pay an amount equal to 88 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 22.49 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;
(3) .65 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 9.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents."
D. The 1976 Code is amended by adding:
"Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 52 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.
(B) The city treasurer must remit the assessments to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;
(2) 25.5 percent to the South Carolina Law Enforcement Training Council program of training in the fields of law enforcement and criminal justice;
(3) .67 percent to the South Carolina Law Enforcement Training Council to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the South Carolina Law Enforcement Hall of Fame Committee, the council may retain the surplus for use in its law enforcement training programs;
(4) 19.06 percent for the State Office of Victim Assistance;
(5) 7.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;
(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."
E. The 1976 Code is amended by adding:
"Section 14-1-209. (A) If a payment for a fine and assessment levied in the circuit or family court is made in installments, the clerk of court must treat 62 percent of each installment as payment for a fine and distribute it pursuant to Section 14-1-205 and 38 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-206.
(B) If a payment for a fine and assessment levied in the magistrate's court is made in installments, the magistrate must treat 47 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-207.
(C) If a payment for a fine and assessment levied in the municipal court is made in installments, the municipal court judge must treat 40 percent of each installment as payment for an assessment and distribute it pursuant to Section 14-1-208."
F. The 1976 Code is amended by adding:
"Section 11-5-175. The State Treasurer shall report quarterly to the departments or agencies receiving monies from fines or assessments the amount received from the county treasurers and city treasurers for fines and assessments received pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208. The State Treasurer also must include in this report the amount of money credited by the State Treasurer to the department or agency. A copy of the State Treasurer's report must be made available to the chief administrator of a county and municipality upon request."
G. The 1976 Code is amended by adding:
"Section 11-7-25. The State Auditor shall examine periodically the books, accounts, receipts, disbursements, vouchers, and records of the county treasurers, municipal treasurers, county clerks of court, magistrates, and municipal courts to report whether fines and assessments imposed pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are properly collected and remitted to the State Treasurer. The State Auditor shall submit a report of findings to the State Treasurer and to the Division of Court Administration of the Judicial Department. A copy of all audits conducted by the State Auditor must be made available to the affected agency or department and the chief administrator of a county or municipality upon request.
The State Auditor, by January 15, 1995, shall prepare and submit to the House Judiciary Committee, the Senate Judiciary Committee, the House Ways and Means Committee, and the Senate Finance Committee, an Audit Plan for accomplishing the requirements of this section along with the estimated cost of implementation."
H. Section 8-21-310(11)(a) of the 1976 Code, as last amended by Section 53A, Part II, Act 171 of 1991, is further amended to read:
"(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. Of the fifty-five dollar fee thirty-five dollars is subject to the disposition provision of Section 20-7-1510 and the remaining twenty dollars must be remitted to the State and deposited to the credit of the general fund of the State;"
I. Section 14-17-725 of the 1976 Code, as added by Act 435 of 1992, is amended to read:
"Section 14-17-725. Where general sessions criminal fines, assessments, or restitution payments are paid through installments, a collection cost charge of three percent of the payment also must be collected by the clerk of court, magistrate, or municipal court from the defendant and transferred to the county treasurer or city treasurer, as appropriate, for deposit to credit of the county or municipal general fund in the same manner other funds collected by the clerk of court are transferred to the county treasurer for deposit to the county general fund."
J. Section 16-23-50 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-50. (A) (1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) When a violation occurs within a municipality, the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.
(C) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
K. Section 22-3-545(E) of the 1976 Code, as added by Act 310 of 1992, is amended to read:
"(E) Notwithstanding any other another provision of law, all fines and assessments imposed by a magistrate or municipal judge presiding pursuant to this section must be distributed as if the fine and assessment were imposed by a circuit court pursuant to Section 20-7-1510 Sections 14-1-205 and 14-1-206. However, these fines are also subject to the provisions of Section 56-5-2940. This section must not result in increased compensation to a magistrate presiding over a trial or hearing pursuant to this section or in other additional or increased costs to the county."
L. Section 44-53-310(b) of the 1976 Code is amended to read:
"(b) The department may place any a registrant who violates this article on probation or levy a civil fine of not more than two thousand five hundred dollars, or both. Fines generated pursuant to this section must be remitted to the State Treasurer for deposit to the benefit of the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities."
M. The first paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:
"(3) possession of more than ten grains of cocaine, one hundred milligrams of alpha- or beta-eucaine, four grains of opium, four grains of morphine, two grains of heroin, one hundred milligrams of isonipecaine, twenty-eight grams or one ounce of marijuana, ten grams of hashish or more than fifty micrograms of lysergic acid diethylamide (LSD) or its compounds shall be is prima facie guilty of violation of subsection (a) of this section. A person who violates this subsection with respect to twenty-eight grams or one ounce or less of marijuana or ten grams or less of hashish is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than thirty days or fined not less than one hundred dollars nor more than two hundred dollars. Conditional discharge may be granted in accordance with the provisions of Section 44-53-450 upon approval by the circuit solicitor to the magistrate or municipal judge. As a part of any a sentence, a magistrate or municipal judge may require attendance at an approved drug abuse program. Persons charged with the offense of possession of marijuana or hashish under this item may be permitted to enter the pretrial intervention program under the provisions of Act 360 of 1980 (Sections 17-22-10 through 17-22-160). For a second or subsequent offense, the offender is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not less than two hundred dollars nor more than one thousand dollars, or both. Fines collected pursuant to the provisions of this item must be distributed as follows: (i) for a first offense, the first one hundred dollars must be distributed pursuant to the provisions of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction.
(ii) For a second or subsequent offense, the first two hundred dollars must be distributed pursuant to the provision of Section 44-53-580 and all monies in excess of that amount must be distributed to the unit of government whose law enforcement officers initiated the investigation which resulted in the conviction."
N. The last paragraph of Section 44-53-370(d)(3) of the 1976 Code, as last amended by Section 237, Act 184 of 1993, is further amended to read:
"The distribution of fines provided for in this section applies whether or not law enforcement officers from more than one unit of government became involved in the case after the start of the initial investigation. When a person is charged under this subsection for possession of controlled substances, bail shall not exceed the amount of the fine and the assessment provided pursuant to Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable. A person charged under this item for a first offense for possession of controlled substances may forfeit bail by nonappearance and, upon. Upon forfeiture in general sessions court, the fine portion of the bail must be distributed as provided in subitem (1) of this item Section 14-1-205. The assessment portion of the bail must be distributed as provided in Section 14-1-206, 14-1-207, or 14-1-208, whichever is applicable."
O. Section 48-1-350 of the 1976 Code is amended to read:
"Section 48-1-350. All penalties assessed under this chapter shall be are held as a debt payable to the State by the person against whom they have been charged and shall constitute a lien against the property of such the person. One-half of the civil penalties so collected shall inure to the benefit of the county. The criminal penalties collected pursuant to Section 48-1-320 must be collected and distributed pursuant to Section 14-1-205."
P. Section 56-1-190 of the 1976 Code, as last amended by Act 134 of 1993, is further amended to read:
"Section 56-1-190. A licensee shall have his license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of the department or a law enforcement officer of the State. A portion of the court costs assessed for violating the provisions of this section may be reduced at the discretion of the court. No points pursuant to Section 56-1-720 may be assessed. No points for insurance merit rating system and recoupment purposes may be assessed."
Q. Section 56-3-1971 of the 1976 Code, as last amended by Section 1377, Act 181 of 1993, is further amended to read:
"Section 56-3-1971. All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the division of motor vehicles.
The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the Department of Public Safety and approved by the Attorney General.
Upon conviction for a violation of Section 56-3-1970, five dollars of the fine assessed must be remitted to the Department of Public Safety for administration and implementation costs."
R. Section 56-5-1520(f) of the 1976 Code, as last amended by Section 1404, Act 181 of 1993, is further amended to read:
"(f) Five dollars of the fines listed in subsection (d)(3) and (4) must be credited to the state general fund. In expending the funds credited to the state general fund from fines generated under subsection (d), the department first shall consider the need for additional highway patrolmen."
S. The second paragraph of Section 56-5-2940 of the 1976 Code is amended to read:
"No part of the minimum sentences provided in this section must be suspended. Of the minimum fines imposed in items (2) and (3) of this section, the first two hundred fifty dollars must be remitted to the Victims' Compensation Fund. The court may provide in lieu instead of service other sentences provided in this section. For a third offense or any subsequent offense or for a violation of Section 56-5-2945 as it relates to for great bodily injury the service of the minimum sentence is mandatory. However, the judge may provide for the sentence to be served upon terms and conditions as he considers proper including, but not limited to, weekend service or nighttime service in any fashion he considers necessary."
T. Section 56-5-2950(a) of the 1976 Code is amended to read:
"(a) Any A person who operates a motor vehicle in this State is considered to have given consent to chemical tests of his breath, blood, or urine for the purpose of determining the presence of alcohol or drugs if arrested for any an offense arising out of acts alleged to have been committed while the person was operating a motor vehicle while under the influence of alcohol, drugs, or a combination of them. Any A test must be administered at the direction of a law enforcement officer who has apprehended a person for operating a motor vehicle in this State while under the influence of alcohol, drugs, or a combination of them. At the direction of the arresting officer the person first must be offered a breath test to determine the alcohol concentration of his blood. If the person is physically unable to provide an acceptable breath sample because he has an injured mouth, is unconscious, dead, or for any other another reason considered acceptable by the licensed medical personnel, a blood sample may be taken. If the officer has reasonable grounds to believe that the person is under the influence of drugs other than alcohol, the officer may order that a urine sample be taken for testing. If the breathalyzer reading is ten one-hundredths of one percent by weight of alcohol in the person's blood or above, the officer may not require additional tests of the person as provided in this chapter. The breath test must be administered by a person trained and certified by SLED, using methods approved by SLED. The arresting officer may not administer the tests. Blood and urine samples must be taken by physicians licensed by the State Board of Medical Examiners, registered nurses licensed by the State Board of Nursing, and other medical personnel trained to take the samples in a licensed medical facility. Blood samples or urine samples must be obtained and handled in accordance with procedures approved by SLED. No tests may be administered or samples taken unless the person has been informed that he does not have to take the test or give the samples but that his privilege to drive must be suspended or denied for ninety days if he refuses to submit to the tests.
A hospital, physician, qualified technician, chemist, or registered nurse who takes the samples or conducts the test or participates in the process of taking the samples or conducting the test in accordance with this section is not subject to a cause of action for assault, battery, or any other another cause contending that the drawing of blood or taking samples at the request of the arrested person or a law enforcement officer was wrongful. This release from liability does not reduce the standard of medical care required of the person taking the samples or conducting the test. This qualified release also applies to the employer of the person who conducts the test or takes the samples.
The person tested or giving samples for testing may have a qualified person of his own choosing conduct additional tests at his expense and must be notified of that right. A person's failure to request additional blood or urine tests shall is not be admissible against the person in the criminal trial. The failure or inability of the person tested to obtain additional tests does not preclude the admission of evidence relating to the tests or samples taken at the direction of the law enforcement officer.
The arresting officer shall provide reasonable assistance to the person to contact a qualified person to conduct additional tests.
SLED shall administer the provisions of this subsection and may make regulations necessary to carry out its provisions. The costs of the tests administered at the direction of the law enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is assessed at the time of sentencing persons convicted of, pleading guilty or nolo contendere to, or forfeiting bond for violating Section 56-5-2930 or 56-5-2945. This fee must be forwarded by the county treasurer to the general fund of the State to defray any costs incurred by SLED and individuals and institutions obtaining the samples forwarded to SLED.
A qualified person who obtains samples or administers the tests or assists in obtaining samples or administration of tests at the direction of a law enforcement officer is released from civil and criminal liability unless the obtaining of samples or tests is performed in a negligent manner. No person may be required by the arresting officer, or by any other another law enforcement officer, to obtain or take any sample of blood or urine."
U. Sections 14-1-210, 14-1-212, 14-1-213, 16-11-700(E)(6), 20-7-1510, 23-6-470, 24-23-210, 44-53-580, 56-1-725, 61-13-480, and 61-13-490 of the 1976 Code are repealed.
V. In addition to other provisions of law, beginning January 1, 1995, each clerk of court, magistrate, and municipal court judge must keep an account of all costs, fees, fines, penalties, forfeitures, and other revenues generated by the courts as well as a separate account of all assessments generated by the courts. The accounts for the period of January 1, 1995, to April 1, 1995, must be submitted in writing to the General Assembly and to Court Administration no later than April 15, 1995, on a form prescribed by the Division of Court Administration of the Judicial Department.
No later than April 15, 1995, the State Treasurer must forward to the General Assembly and to Court Administration an account of all revenue and assessments received pursuant to this act between January 1, 1995, and April 1, 1995.
Upon receipt of the reports, the General Assembly shall review the data and make a determination as to whether or not the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity pursuant to this act, annualized, is approximately equal to or greater than the amount of revenue and assessments collected and distributed to each recipient agency and governmental entity the previous calendar year. If a determination is made by the General Assembly that any recipient agency or governmental entity is receiving less revenue under the provisions of this act than the previous calendar year, the General Assembly, by legislation, shall adjust the appropriate percentages contained in this act to ensure that each recipient agency and governmental entity receives the share of revenue to which it is entitled.
W. Upon approval by the Governor this act takes effect January 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. CORNING proposed the following Amendment No. 170 (Doc Name L:\council\legis\amend\JIC\5727HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON MOTOR VEHICLES AND OTHER ITEMS, SO AS TO PROVIDE A TAX RATE OF 3 PERCENT ON THE SALE OR LEASE OF MOTOR VEHICLES AND MOTORCYCLES WITH A TOTAL TAX NOT TO EXCEED FIFTEEN HUNDRED DOLLARS AND TO PROVIDE THAT COMMERCIAL VEHICLES WITH A MANUFACTURER'S GROSS VEHICLE WEIGHT IN EXCESS OF TEN THOUSAND POUNDS QUALIFY FOR THE THREE HUNDRED DOLLAR MAXIMUM TAX.
A. Section 12-36-2110(A) of the 1976 Code, as added by Section 74A, Part II, Act 612 of 1990, is amended to read:
"(A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(1) Notwithstanding the rates of tax imposed by this chapter, a rate of 3 percent is imposed on the sale or lease of motor vehicles and motorcycles with a total tax not to exceed fifteen hundred dollars, and there is imposed a tax of five percent, but not more than three hundred dollars, on the sale or lease of each:
(a) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(b) boat;
(c) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(d) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;
(e) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower; or
(f) commercial vehicles with a manufacturer's gross vehicle weight rating in excess of ten thousand pounds.
(2) In the case of a lease of an item subject to the tax limit imposed by item (l) of this subsection, the total tax rate required by law applies on each payment until the total tax paid equals the maximum tax. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days."
B. This section takes effect July 1, 1994, and applies with respect to sales made and leases executed after June 30, 1994./
Renumber sections & amend totals/title to conform.
Rep. CORNING explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 28.
Reps. GAMBLE, STUART, CROMER, SHISSIAS and PHILLIPS proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\GJK\20591SD.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new SECTION to be appropriately numbered to read:
TO AMEND SECTION 56-3-253 OF THE 1976 CODE, RELATING TO BIENNIAL REGISTRATION PERIODS FOR THE LICENSING OF MOTOR VEHICLES, SO AS TO PROVIDE THAT BEGINNING JULY 1, 1994, UPON REQUEST OF ANY INDIVIDUAL, CORPORATION, OR OTHER ENTITY, THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION SHALL ADJUST THE EXPIRATION DATE OF THE REGISTRATION AND LICENSING PERIODS OF UP TO FOUR MOTOR VEHICLES OWNED BY THE INDIVIDUAL OR MEMBER OF HIS IMMEDIATE FAMILY AND OF UP TO TEN MOTOR VEHICLES OWNED BY A CORPORATION OR OTHER ENTITY SO THAT SUCH PERIODS SHALL EXPIRE ON THE SAME DATE.
Section 56-3-253 of the 1976 Code, as added by Act 164 of 1993, is amended by adding at the end:
(C) Beginning July 1, 1994, upon request of any individual, corporation, or other entity, the Motor Vehicle Division of the Department of Revenue and Taxation shall adjust the expiration date of the registration and licensing periods of up to four motor vehicles owned by the individual or members of his immediate family and of up to ten motor vehicles owned by a corporation or other entity so that such periods shall expire on the same date. The department shall implement the provisions of this section in a manner it determines appropriate, except that no refunds of any registration and licensing fees previously paid are required to be made even if the licensing period for a particular vehicle is shortened in order to implement a request made pursuant to the provisions of this section."/ Renumber sections & amend totals/title to conform.
Rep. GAMBLE explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 69 was out of order as it was not germane.
Rep. GAMBLE argued contra the Point in stating that last year there was a ruling concerning the reimbursement of commuter miles and it affected revenue.
The SPEAKER stated that it had to relate to revenue in Part I.
Rep. GAMBLE stated that the renewing of tags would bring in revenue.
The SPEAKER stated that the previous amendment called for a payment of money or a receipt of money but this did not. He further stated that this did not change a fee, but allowed people upon request to change their renewal date and it was not germane and he sustained the Point of Order and ruled the amendment out of order.
The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
Rep. SHARPE proposed the following Amendment No. 186 (Doc Name L:\council\legis\amend\N05\7697BDW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 8-11-84 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO COLLECT BY PAYROLL DEDUCTION UNIFORM RENTAL FEES OF EMPLOYEES OF THE DEPARTMENT OF TRANSPORTATION.
A. The 1976 Code is amended by adding:
"Section 8-11-84. The Comptroller General, at the request of an employee of the Department of Transportation, by payroll deduction may collect and pay over to the appropriate vendor uniform rental fees of the employee."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. SHARPE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 186 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. PHILLIPS and BOAN proposed the following Amendment No. 187 (Doc Name L:\council\legis\amend\N05\7694BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 56-3-2320, AS AMENDED, OF THE 1976 CODE, RELATING TO DEALER AND WHOLESALER LICENSE PLATES, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO VEHICLES LOANED TO DEALERS FOR TEST DRIVING PURPOSES, REVISE THE SALE REQUIREMENT AND THE NUMBER OF AUTHORIZED PLATES, DELETE THE REFERENCE TO "FRANCHISED" AS IT APPLIES TO DEALERS SELLING HEAVY DUTY TRUCKS AT RETAIL, DEFINE HEAVY DUTY TRUCKS, AND PROVIDE FOR THE ISSUANCE OF DEALER LICENSE PLATES TO AUTOMOBILE GRAVEYARD OPERATORS; AND TO AMEND SECTION 56-3-2350, AS AMENDED, RELATING TO SPECIAL MOTOR VEHICLE REGISTRATION, SO AS TO REVISE THE REQUIREMENTS FOR TRANSPORTER PLATES.
A. Section 56-3-2320 of the 1976 Code, as last amended by Section 105B, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-2320. (A) Upon application being made and the required fee being paid to the department, the department may issue dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding any provision other provisions of this chapter to the contrary, may be used exclusively on motor vehicles owned by, or assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer must shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Dealer plates may must not be used to operate wreckers or service vehicles in use by the dealer, nor to operate vehicles owned by the dealer that are leased or rented by the public. No dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least fifty twenty sales of motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. However, a dealer that sells less than fifty but more than ten vehicles in the twelve months preceding his application for a dealer plate is eligible to obtain one dealer license plate. The cost of this plate is three hundred dollars. Twenty dollars of this fee must be remitted to the department and the balance of this fee must be remitted to the treasury of the county in which the dealer is licensed. A dealer may be issued two plates at a rate of one for every the first twenty vehicles sold during the preceding year and one additional plate for each fifteen vehicles sold beyond the initial twenty during the preceding year. For good cause shown, the department in its discretion may issue extra plates. If the dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made. The cost of each dealer plate issued is twenty dollars. Notwithstanding the provisions of this section, a dealer franchised exclusively for the sale of selling heavy duty trucks at retail is eligible to obtain dealer license plates for exclusive use on the heavy duty trucks regardless of the number of trucks sold by him during the preceding required number of months. These dealer license plates for trucks must be noted with a distinct and separate identification and used only on heavy duty trucks. For purposes of this section, heavy duty trucks include trucks having a gross vehicle weight of sixteen thousand pounds or greater.
(B) For purposes of this section, the testing or demonstration of a truck as defined in Section 56-3-20(10) includes permitting a prospective buyer to use the truck for carrying merchandise or cargo for a period not to exceed more than three days upon the dealer providing the buyer with a special demonstration certificate for this purpose. The form and content of the demonstration certificate must be as prescribed by regulation of the department which also shall provide certificates to dealers upon their request. The original certificate must be kept by the buyer in the cab of the truck during the three-day demonstration period, and the dealer shall retain a copy of the certificate and also shall mail a copy of the certificate to the department within twenty-four hours after it is issued to the buyer.
(C) Upon application being made and the required fee being paid to the department, the department may issue a maximum of two dealer license plates to a person who operates an automobile graveyard as defined in Section 57-27-20."
B. Section 56-3-2350 of the 1976 Code, as last amended by Section 105C, Part II, Act 164 of 1993, is further amended to read:
"Section 56-3-2350. (A) A person engaged in a business of limited operation of motor vehicles to facilitate the manufacture or construction of cabs or bodies or the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant, as follows:
(a) if an individual, the name under which he intends to conduct business,;
(b) if a partnership, the name and residence address of each member of the partnership, and the name under which the business is to be conducted,;
(c) if a corporation, the name and company addresses of the corporation, and the name and residence address of each of its officers.
(2) The application must be certified by the applicant and by an agent of the department to verify the facts as set forth in the application.
(3) The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(B)(1) A motor vehicle dealer or wholesaler duly licensed under Section 56-15-310 may purchase transporter license plates and use them solely for transporting motor vehicles and heavy duty trucks:
(a) from one place of sale to another place of sale;
(b) to and from a place of sale, to a place of repair for repair purposes between 7 a.m. and 8 p.m., and to road test the repaired vehicle or truck within a five mile radius of the repair facility between 7 a.m. and 8 p.m. A dated transporting certificate must accompany a motor vehicle or heavy duty truck being driven to a repair facility or being road tested after repairs with the use of a transporter plate.
(2) Any other Use of a transporter license plate by a duly licensed dealer or wholesaler other than as provided in this subsection is subject to a three hundred dollar fine and loss of the license plate."
C. This section takes effect January 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 187 was out of order as it was not germane.
The SPEAKER stated that it did directly relate to motor vehicle licenses under the revenue section and he overruled the Point of Order.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Reps. THOMAS, STODDARD, BEATTY, RICHARDSON, WILKINS, ALLISON, WELLS, KELLEY, KEEGAN, DELLENEY, COBB-HUNTER, MARTIN, HARRELL, ROBINSON, RUDNICK and HODGES proposed the following Amendment No. 195 (Doc Name L:\council\legis\amend\GJK\20606SD.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new section to be appropriately numbered to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-19-15 SO AS TO PROVIDE THAT FOR ANY OFFICE FILLED BY ELECTION OF THE GENERAL ASSEMBLY FOR WHICH SCREENING IS REQUIRED, EXCEPT FOR THE JUDICIARY, THE JOINT COMMITTEE MAY NOT ACCEPT NOTICES OF INTENTION TO SEEK SUCH OFFICE FROM ANY CANDIDATE UNTIL CERTAIN NOTICES RELATING TO THE POSITION VACANCY ARE PUBLISHED OR PROVIDED, AND TO PROVIDE THAT THE COST OF SUCH NOTICES SHALL BE ABSORBED AND PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES AS CONTAINED IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
The 1976 Code is amended by adding:
"Section 2-19-15. For any office filled by election of the General Assembly for which screening is required pursuant to this chapter, except for judicial offices, the joint committee may not accept a notice of intention to seek such office from any candidate as provided by Section 2-19-10, until it has caused notices to be published or provided as required by this section and the notices have been published or provided or the time for them to run has expired.
(1) If the office to be filled is from the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in the State with a request that it be published at least once a week for four consecutive weeks. If the office to be filled is from a congressional district, judicial circuit, or other area of this State less than the State at large, a notice of the position vacancy must be forwarded to three newspapers of general circulation in that district, circuit, or area with a request that it be published at least once a week for four consecutive weeks.
(2) Notices of the position vacancy also must be furnished, on or before the date of the first newspaper publication provided in item (1), in writing to any person who has informed the committee that he desires to be notified of same.
(3) If the office to be filled is from a congressional district, judicial circuit, or other area of the State but not from the State at large, notices of the position vacancy also must be provided to each member of the General Assembly representing a portion of that district, circuit, or area. If it is a position filled from the state at large, each member of the General Assembly shall receive such notice.
(4) The cost of the notification process required by this section must be absorbed and paid from the approved accounts of both houses as contained in the annual general appropriations act.
Nothing in this section prevents the joint committee from providing notices other than those required by this section which the committee believes are appropriate."/
Renumber sections & amend totals/title to conform.
Rep. THOMAS explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 195 was out of order as it was not germane in that the general thrust of the amendment dealt with the screening process and had no effect on the cost of the notices and it did not relate to a line item in Part I.
Rep. THOMAS argued contra the Point in stating that the cost of the notification required by Section 4 of the amendment must be paid from the Approved Accounts of both the House and the Senate and those accounts were in Section 3A, the Operating Expenses on page 2 and Section 3B, Approved Accounts.
Rep. McABEE stated that the general thrust of the amendment still dealt with the Joint Committee and the intent to run for offices elected by the General Assembly.
The SPEAKER stated that it was germane since it referred to the Approved Accounts line item and he overruled the Point of Order.
Rep. THOMAS continued speaking.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 338 (Doc Name L:\council\legis\amend\JIC\5772HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSE FEES FOR COIN-OPERATED DEVICES, SO AS TO PROHIBIT THE LICENSING OF VIDEO GAMES WITH A FREE PLAY FEATURE OPERATED IN A WATERCRAFT OR VESSEL PLYING THE TERRITORIAL WATERS OF THIS STATE.
Section 12-21-2720 of the 1976 Code is amended by adding an appropriately lettered subsection to read:
"( ) The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State."/
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. CARNELL raised the Point of Order that Amendment No. 338 was out of order as it was not germane in that it did not relate to a line item.
Rep. RICHARDSON argued contra the Point in stating that it related to page 506A, the Coin-Operated device tax.
The SPEAKER overruled the Point of Order.
Rep. McABEE moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, J. Byrd Carnell Cobb-Hunter Gamble Harrelson Harris, P. Holt Jennings Keegan Kelley Kennedy Keyserling McAbee Rhoad Stuart White Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Baker Barber Baxley Boan Brown, G. Brown, H. Canty Chamblee Davenport Delleney Elliott Fair Farr Fulmer Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hines Hodges Houck Huff Hutson Inabinett Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Riser Robinson Rudnick Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stone Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper Wilder, D. Wilder, J. Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. GONZALES moved to reconsider the vote whereby Amendment No. 103 was adopted.
Rep. BOAN moved to table the motion to reconsider, which was not agreed to by a division vote of 48 to 52.
Rep. CROMER spoke against the motion to reconsider.
Reps. J. WILDER and GONZALES spoke in favor of the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, H. Brown, J. Byrd Canty Carnell Cato Chamblee Cobb-Hunter Cooper Corning Davenport Delleney Elliott Fair Farr Felder Fulmer Gamble Gonzales Hallman Harris, J. Harris, P. Harrison Harwell Holt Houck Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Kinon Klauber Koon Law Marchbanks McAbee McCraw McLeod Neal Phillips Rhoad Riser Scott Sharpe Shissias Smith, D. Smith, R. Snow Spearman Stille Stuart Thomas Tucker Vaughn Waldrop Walker Whipper White Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Allison Cromer Harrell Haskins Hines Keyserling Kirsh Littlejohn McKay McMahand Meacham Moody-Lawrence Neilson Robinson Rudnick Sheheen Simrill Stoddard Stone Trotter Waites Wells Wilder, D. Young, A.
So, the motion to reconsider was agreed to.
Rep. McABEE moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were not ordered.
The amendment was tabled by a division vote of 52 to 20.
Reps. SPEARMAN, GAMBLE, PHILLIPS, FARR and McCRAW proposed the following Amendment No. 204 (Doc Name L:\council\legis\amend\N05\7700BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, OF THE 1976 CODE, RELATING TO THE INSPECTION OF VEHICLES.
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
B. This section takes effect June 30, 1995./
Renumber sections & amend totals/title to conform.
Rep. SPEARMAN explained the amendment.
Rep. J. BROWN raised the Point of Order that Amendment No. 204 was out of order as it was not germane.
Rep. SPEARMAN argued contra the Point in stating that it related to a line item which was Part IA, Section 34, page 320, lines 22 and 26.
The SPEAKER overruled the Point of Order.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 213 (Doc Name L:\council\legis\amend\JIC\5730HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-215 SO AS TO REQUIRE RESIDENTIAL REAL ESTATE QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO TO BE APPRAISED AS RESIDENTIAL REAL ESTATE IN ANY REASSESSMENT PROGRAM.
A. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-215. In any program of reassessment, residential real property receiving the four percent assessment ratio pursuant to Section 12-43-220(c) and which remains eligible for that assessment ratio for the year of reassessment must be appraised as residential real property."
B. Section 12-43-215 of the 1976 Code is effective with respect to reassessment programs occurring after 1994./
Renumber sections & amend totals/title to conform.
Rep. BOAN raised the Point of Order that Amendment No. 213 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. WORLEY proposed the following Amendment No. 236 (Doc Name L:\council\legis\amend\CYY\15798AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO PROVIDE THAT FUNDS REIMBURSED TO NONFEDERAL PROJECT SPONSORS UNDER THE TERMS OF A LOCAL COOPERATIVE AGREEMENT WITH THE ARMY CORPS OF ENGINEERS FOR A FEDERALLY COST SHARED BEACH RENOURISHMENT PROJECT MUST BE REFUNDED BY THE NONFEDERAL SPONSOR TO THE STATE WITH THE STATE AND NONFEDERAL SPONSOR SHARING IN THE REIMBURSEMENT IN THE SAME RATIO AS EACH CONTRIBUTED TO THE NONFEDERAL MATCH AND TO PROVIDE THAT COASTAL COUNCIL DIVISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ADMINISTER THESE FUNDS.
A. Any funds reimbursed to nonfederal project sponsors under the terms of a Local Cooperative Agreement (LCA) with the Army Corps of Engineers for a federally cost shared beach renourishment project, where the reimbursement is for credit to the nonfederal sponsor for federally approved effort and expenditures toward the nonfederal project sponsor obligations detailed in the LCA and where the State has provided funding to the nonfederal sponsor to meet the financial cost sharing responsibilities under the LCA, must be refunded by the nonfederal sponsor to the State with the State and the nonfederal sponsor sharing in this reimbursement in the same ratio as each contributed to the total nonfederal match specified in the LCA. The Coastal Division of the South Carolina Department of Health and Environmental Control shall administer these funds and make these funds available to other beach renourishment projects.
B. This section takes effect July 1, 1994./
Renumber sections to conform.
Amend title to conform.
Rep. WORLEY explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 237 (Doc Name L:\council\legis\amend\PT\1094DW.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO AMEND SECTION 4-9-55 OF THE 1976 CODE, RELATING TO THE PROHIBITION ON LEGISLATION BEING ENACTED WHICH AFFECTS THE EXPENDITURE OF FUNDS BY A COUNTY, SO AS TO DELETE FROM THE EXEMPTIONS THE GENERAL APPROPRIATIONS ACT AND SPECIAL APPROPRIATIONS ACTS AND ADD A NEW PROVISION IN WHICH IT PROVIDES THAT THIS SECTION MAY ONLY BE AMENDED OR REPEALED IN SEPARATE LEGISLATION ENACTED SPECIFICALLY FOR THAT PURPOSE.
A. Section 4-9-55(C) of the 1976 Code, as added by Act 157 of 1993, is amended to read:
"(C) The provisions of this section do not apply to:
(1) laws enacted to require funding of pension benefits existing on the effective date of this section;
(2) laws relating to the Judicial Department;
(3) criminal laws;
(4) election laws;
(5) the general appropriations act;
(6) (5) the Department of Education;
(7) special appropriations acts;
(8) (6) laws reauthorizing but not expanding then-existing statutory authority;
(9) (7) laws having a fiscal impact of less than ten cents per capita on a statewide basis, laws creating, modifying, or repealing noncriminal infractions."
B. Section 4-9-55 of the 1976 Code, as added by Act 157 of 1993, is amended by adding two appropriately lettered subsections to read:
"( ) This section may only be amended or repealed in separate legislation enacted specifically for that purpose.
( ) Of the monies appropriated in the 1994-95 General Appropriations Act, the Advisory Commission on Intergovernmental Relations shall make a report to the General Assembly by January 1, 1995, and by January first of every odd-numbered year after 1995, on the effect of unfunded state mandates on municipalities and counties."\
Renumber sections & amend totals/title to conform.
Rep. GONZALES explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 237 was out of order in compliance with Section 6-27-50 in that this would require separate legislation.
Rep. GONZALES argued contra the Point.
The SPEAKER stated that this did not deal with that.
Rep. BOAN further stated, citing Rule 5.3, that it was not germane and did not relate to Part I.
The SPEAKER stated that once the amendment became a part of the Appropriations Bill, if adopted, then the Point could be raised on any section. He further stated that he could not separated the amendment and at this point, it was germane and he overruled the Point of Order.
Rep. McTEER moved to divide the question.
Rep. GONZALES moved to table the motion, which was not agreed to by a division vote of 20 to 43.
The question then recurred to the motion to divide the question, which was rejected.
Rep. GONZALES spoke in favor of the amendment.
Rep. McTEER spoke against the amendment and moved to table the amendment.
Rep. GONZALES demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 22.
Reps. ROGERS and WAITES proposed the following Amendment No. 244 (Doc Name L:\council\legis\amend\JIC\5694AC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 1-11-720 OF THE 1976 CODE, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD MUNICIPALITIES.
A. Section 1-11-720(A)(1) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(1) counties and municipalities;"
B. This section takes effect July 1, 1994./
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Rep. ROGERS explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
Reps. KEYSERLING, McELVEEN, BEATTY, COBB-HUNTER, RICHARDSON, GRAHAM, CORNING and CANTY proposed the following Amendment No. 261 (Doc Name L:\council\legis\amend\JIC\5731HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION FOR OFFICE SUPPLIES SOLD BY THE OFFICE OF GENERAL SERVICES TO STATE AGENCIES IF THE TAX WAS PAID AT THE TIME OF THE ORIGINAL PURCHASE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2125 SO AS TO PROVIDE THAT THE MAXIMUM SALES TAX PROVISIONS AND SALES TAX EXEMPTIONS EXPIRE AFTER JUNE 30, 1996, UNLESS EXTENDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT BY A SEPARATE AFFIRMATIVE VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY AND TO PROVIDE THAT ANY EXTENSION MAY APPLY FOR NO MORE THAN THREE FISCAL YEARS AND TO ESTABLISH THE SALES AND USE TAX EXEMPTION REVIEW COMMITTEE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
A. Section 12-36-2120(30) of the 1976 Code is amended to read:
"(30) Reserved office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;"
B. Article 21, Chapter 36, Title 12 of the 1976 Code is amended by adding:
"Section 12-36-2125. The maximum tax provisions of Section 12-36-2110 and the sales and use tax exemptions allowed pursuant to Sections 12-36-2120 and 12-36-2130, not including Section 12-36-2120(1), expire for sales after June 30, 1996. The maximum tax and sales and use tax exemptions provided in these sections may be extended for no more than three fiscal years in a provision in the annual general appropriations act receiving a separate affirmative vote in each house of the General Assembly.
C. There is created the Sales and Use Tax Exemption Review Committee consisting of the respective chairmen of the Senate Finance Committee and House Ways and Means Committee, the Speaker of the House, the President Pro Tempore of the Senate, the Consumer Advocate, the Commissioner of Agriculture, and the Director of the Department of Commerce. This committee annually shall report to the General Assembly on the economic impact and utility of the various sales and use tax exemptions.
D. This section takes effect July 1, 1994./
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Rep. KEYSERLING explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 261 was out of order as it was not germane.
Rep. KEYSERLING argued contra the Point.
The SPEAKER stated that it repealed an exemption presently existing and he overruled the Point of Order.
Rep. KIRSH moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Allison Baker Barber Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Davenport Elliott Farr Gamble Gonzales Hallman Harrell Harris, P. Harrison Harvin Harwell Hines Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks McCraw McKay McLeod Meacham Moody-Lawrence Neilson Rhoad Riser Robinson Scott Sharpe Shissias Simrill Smith, R. Snow Stone Sturkie Thomas Trotter Tucker Vaughn Walker Wilder, J. Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, J. Canty Corning Delleney Graham Harrelson Inabinett Keyserling McElveen McTeer Neal Phillips Richardson Rudnick Sheheen Spearman Stille Stuart Waites Wells Whipper White Wilder, D. Wilkes
So, the amendment was tabled.
The SPEAKER granted Rep. TUCKER a leave of absence for the remainder of the day.
Rep. WAITES proposed the following Amendment No. 263 (Doc Name L:\council\legis\amend\DKA\3301BDW.94), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 56-3-195 OF THE 1976 CODE, RELATING TO THE COUNTY REQUIREMENT TO MAIL MOTOR VEHICLE REGISTRATION AND LICENSING RENEWAL NOTICES, SO AS TO DELETE THE PROVISIONS FOR THE START-UP COSTS OF THE SECTION AND PROVIDE FOR THE DEPARTMENT OF REVENUE AND TAXATION TO FUND THE COSTS OF PREPARING, PRINTING, AND MAILING THE NOTICES; AND TO PROVIDE FOR THE INITIAL FUNDING OF THE AMENDMENT TO SECTION 56-3-195.
A. Section 56-3-195 of the 1976 Code, as added by Section 22A, Part II, Act 164 of 1993, is amended to read:
"Section 56-3-195. (A) Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Division of Motor Vehicles of the department no later than forty-five days before expiration of the registration. The renewal notices, including the fees upon completion, may be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit the fees to the appropriate state fund as provided by law within seven days of receipt.
(B) Each county shall must have access to the motor vehicle registration and licensing records of the department as applicable to the county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A).
(C) Counties must not be charged online access network fees for driver and vehicle information.
(D) The department will shall fund the start-up costs for to the counties not to exceed a total of one million dollars inclusive to all counties. The start-up cost includes hardware, software, training, and other associated costs all of which must be approved by the department of preparing, printing, and mailing motor vehicle registration and licensing renewal notices by paying to or allowing the counties to retain one dollar of each motor vehicle registration and licensing renewal fee for every notice mailed pursuant to subsection (A)."
B. The Department of Revenue and Taxation may shift funds among its 1994-95 General Appropriations Act line items, upon approval of the State Budget and Control Board, to initially fund the amendment to Section 56-3-195 of the 1976 Code, amended in subsection A.
C. This section takes effect July 1, 1994./
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Rep. WAITES explained the amendment.
Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 26 to 44.
Rep. BOAN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Byrd Elliott Fair Farr Gamble Harrelson Harris, P. Harwell Kinon Littlejohn McTeer Neal Rhoad Scott Sheheen Stoddard Stuart Waites Wilder, D. Wilder, J. Wilkes Williams Wofford Young, A.
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Baker Barber Baxley Boan Breeland Brown, H. Cato Chamblee Clyborne Cobb-Hunter Corning Davenport Delleney Felder Fulmer Govan Graham Hallman Harrell Harris, J. Harrison Harvin Hines Hodges Holt Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kirsh Klauber Koon Law Marchbanks Mattos McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neilson Phillips Quinn Riser Robinson Rogers Rudnick Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Worley Wright
So, the amendment was rejected.
Rep. QUINN proposed the following Amendment No. 267 (Doc Name L:\council\legis\amend\DKA\3300BDW.94).
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, OF THE 1976 CODE, RELATING TO THE INSPECTION OF VEHICLES.
A. Article 37, Chapter 5, Title 56 of the 1976 Code is repealed.
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Baxley Boan Breeland Brown, H. Chamblee Cobb-Hunter Cromer Felder Gamble Govan Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Inabinett Jennings Keegan Kennedy Keyserling Kinon Kirsh Mattos McAbee McCraw McMahand McTeer Moody-Lawrence Rogers Simrill Spearman Stoddard Stuart Waites Whipper White Wilder, D. Wilkins Williams Wofford
Those who voted in the negative are:
Alexander, T.C. Allison Baker Barber Brown, G. Brown, J. Cato Clyborne Cooper Corning Davenport Delleney Elliott Fair Fulmer Graham Hallman Harrell Harrelson Harrison Haskins Houck Jaskwhich Kelley Klauber Koon Law Marchbanks McLeod Meacham Neal Neilson Phillips Quinn Rhoad Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Snow Stille Stone Sturkie Thomas Trotter Vaughn Wells Wilder, J. Wilkes Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. SPEARMAN spoke against the amendment.
Rep. BOAN moved to adjourn debate upon the amendment, which was adopted.
Rep. LITTLEJOHN proposed the following Amendment No. 268 (Doc Name L:\council\legis\amend\DKA\3308BDW.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-2323 SO AS TO PROHIBIT THE PERMANENT ATTACHMENT OF DEALER LICENSE PLATES TO MOTOR VEHICLES AND DEFINE TERMS.
A. The 1976 Code is amended by adding:
"Section 56-3-2323. Dealer license plates regulated by the Department of Revenue and Taxation through funds appropriated in the general appropriations act must not be attached permanently to motor vehicles. As used in this section, a plate is attached permanently if the attachment includes, but is not limited to, the use of nuts, bolts, or screws."
B. This section takes effect July 1, 1994./
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Rep. LITTLEJOHN explained the amendment.
The amendment was then adopted.
Reps. CROMER, HODGES and GAMBLE proposed the following Amendment No. 269 (Doc Name L:\council\legis\amend\BBM\9015JM.94), which was adopted.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-80 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.
A. The 1976 Code is amended by adding:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.
(2) 'Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.
(3) 'Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; dentist; optometrist; or psychiatrist for examination or treatment.
(4) 'Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden or superintendent having the supervision of another detention facility.
(B) The officer in charge may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape, the costs to be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved.
(2) defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that the deduction from money credited to the account of an inmate does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged.
The provisions of this item do not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility must initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
B. This section takes effect July 1, 1994./
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Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. BARBER, J. BAILEY, FULMER, HOLT and BREELAND proposed the following Amendment No. 275 (Doc Name L:\council\legis\amend\CYY\15885AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-32 AND 5-7-315 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES IN A COUNTY WITH A POPULATION OF 295,000 BUT FEWER THAN 320,000 TO IMPOSE A BUSINESS LICENSE TAX ON A NONPROFIT, CHARITABLE, OR ELEEMOSYNARY CORPORATION ON GROSS INCOME DERIVED FROM MEDICAL SERVICES PROVIDED FOR THE CORPORATION BY A LICENSED PROFESSIONAL IN LIEU OF A BUSINESS TAX IMPOSED ON THE INDIVIDUAL.
A. The 1976 Code is amended by adding:
"Section 4-9-32. Notwithstanding the provisions of Section 4-9-30(12), a business license tax may be imposed by a county with a population of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the county, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of a county business license tax imposed on the income of the individual rendering the services."
B. The 1976 Code is amended by adding:
"Section 5-7-315. A business license tax may be imposed by a municipality in a county of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the municipality, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of the municipal business license tax imposed on the income of the individual rendering the services."
C. This section takes effect July 1, 1994./
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Rep. McABEE raised the Point of Order that Amendment No. 275 was out of order as it did not relate to a line item.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. J. WILDER proposed the following Amendment No. 282 (Doc Name L:\council\legis\amend\CYY\15844AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 48-48-80, AS AMENDED, OF THE 1976 CODE, RELATING TO THE OPERATIONS OF THE BARNWELL LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITY, SO AS TO DELETE PROVISIONS REQUIRING THE GENERAL ASSEMBLY TO AUTHORIZE BY CONCURRENT RESOLUTION THE ACCEPTANCE AFTER JUNE 30, 1994, AT THE SITE OF LOW-LEVEL RADIOACTIVE WASTE FROM OUTSIDE THE AREA OF THE SOUTHEAST LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT, AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUES DERIVED FROM THIS PROVISION.
A. The General Assembly finds it necessary to amend Section 48-48-80(G) of the 1976 Code, relating to the requirement for the General Assembly to authorize acceptance of low-level radioactive waste from outside the Southeast Low-Level Radioactive Waste Management Compact Area, in order to fund appropriations for capital expenses in Section 10, Part I of this act.
B. Section 48-48-80(G) of the 1976 Code, as last amended by Section 70D, Part II, Act 501 of 1992, is further amended to read:
"(G) Reserved. Beginning July 1, 1994, in addition to the requirement set forth in Section 48-47-70(9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility."
C. The revenues derived from the deletion of subsection (G) of Section 48-48-80 of the 1976 Code must be credited to the general fund of the State. The State Treasurer shall allocate these revenues as additional general fund appropriations for specific agency programs as identified in Part I of this act./
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Rep. J. WILDER explained the amendment.
Rep. J. WILDER'S remarks were ordered printed in the Journal as follows:
Mr. Speaker, and members of the House, I do not plan to make a lengthy statement in support of the amendment before you today, so therefore I would appreciate your attention to my remarks.
The passage of this amendment has extremely important ramifications to my District, and for that matter, to the entire State. I want to speak primarily to the members of the House who were elected in November of 1992. You were not present through the lengthy discussions that took place concerning the continued placement of low-level nuclear waste in my county. The arguments were often technical, certainly legalistic, and at times, very emotional. The result was a decision to close the site forever on December 31, 1995, twenty-one months from now.
In the same period, the past twenty-one months, the State has received in revenue some $90 million, far above the $20 to $30 million that was projected. The decision to close the Barnwell Low-Level Nuclear Waste Site had other provisions. One was to close the site to out of Compact waste on June 30th of this year, and another known as the "Good Neighbor Policy." That policy said that if North Carolina chose a site within ten miles of our border, that state would lose immediate access to South Carolina and pay a fine as well. The deadline was last December.
As you know, North Carolina chose the Wake County site to the great relief of everyone concerned. There are other hurdles, other deadlines and other penalties, if North Carolina is unable to develop the Wake County site on schedule. So far, to the best of my knowledge, they are in compliance.
With your patience and your attention, I would like to continue my review of past history. I make no apologies for my part in siting Chem-Nuclear over 23 years ago. Dr. Henry Schultz, working for the State Development Board, came to Barnwell County to ask for the support of the project by Senator Brown and Speaker Blatt. They asked me to help the State Development Board. Remember this was in 1970 when nuclear power had great promise for electricity production and in the field of nuclear medicine. My area had already had 20 years experience with military applications of nuclear power. We were anxious to take part in the peaceful uses of the atom. These were the Nixon years, not the Carter years. The public outcry concerning waste was still years away, and after all, we were moving into a new age. I am sure you get the picture.
Looking back over the past twenty-three years, there has been, as far as Barnwell County is concerned, no environmental damage to our county, no threat to our safety, just a well-run state of the art landfill that has been the envy of the world. People have come from most states and many foreign countries to see how we handle one of this century's greatest problems. I know of no one in Barnwell County who fears it or would not be willing to keep it, but that's another story.
We get into the Southeast Compact and the battlecry, "We've done our share;" "We've had enough;" "It has hurt our economy," and so on. The state has never had greater industrial growth in Barnwell County, in Aiken County and the entire State. In Barnwell County, we lost, through changing technology, as many jobs as we gained, and that's why our unemployment rate has remained high.
Let's go back two years. After a great deal of discussion, a lot of heat and a little light, phantom votes and concern about what North Carolina would do or not do, we voted to close down Barnwell once and for all. It was a close vote. But we needed the money. When the Conference Committee worked out the Appropriation Bill for 1992, what do you know - we needed the money that would be generated by leaving the site open on conditions not set by you and me, but by the Free Conference Committee. Even those who had some terrible things to say about my county had to "bite the bullet" and vote for the compromise. Now where do we go from here?
The Ways and Means Committee voted down, by a vote of 10 for and 11 against, not to include $40 million for school buses out of money to be produced in the next year and a half. Their estimates - my estimates go up to $90 million. I think it is interesting to note that the first, second and third Vice-Chairmen of Ways and Means supported the promises. They, in their collective wisdom, want to borrow $100 million over a ten year period to replace 1,000 buses and stick the poor taxpayers of this State with $34 million in interest. $34 million we don't need to spend. All we have to do is spend the money on non-recurring items. School buses, yes. Replace half of the SLED automobiles that have over 70,000 miles each. Buy forest firefighting equipment to replace 20 year-old rolling stock. Buy needed equipment for Sheriff's Departments in every county in this State, if we are really serious in fighting crime. One-time money that will come from the Mayo Clinic, John's Hopkins, Massachusetts General, research centers across the land and power plants in 25 states. No new business, but the same people who have been paying up to $300 a cubic foot and need a depository through December 31, 1995, just 21 months from now.
I say, let them pay, and don't forget - when we close Barnwell and North Carolina opens, our hospitals, our power plants where we get 60% of our electricity now, instead of you and I paying $100 per cubic foot to place materials at Barnwell, we will pay North Carolina $300 per cubic foot and perhaps more, and guess who pays that increased cost!
But, as you know, we've done our share. Let North Carolina stick it to everybody for a change.
I want us to vote for this amendment, in part, that will leave the Barnwell site open to its present customers until December 31 next year. This is no change from the present law - the final closing date. The only change, to allow the same people who have been using Barnwell for the past 23 years to continue using it until the deadline that the House and Senate have agreed to. The money from the Southeast Compact is not enough to do much good in meeting some desperate needs that we have.
Those of you in the Pee Dee who voted against us last time wanted the Good Neighbor Policy, and you got it. You can vote with me now. Those of you who consider yourself pro-business and pro-industry, you can vote with me now. The Governor has told me he will not veto it. He won't fight for it. He has another agenda this year. Those of you who voted against me two years ago and apologized later, you can vote with me now. It is time for good business and common sense to prevail.
Regardless of what anyone else may say, the Barnwell site is safe and is absolutely no threat to anyone. The Barnwell County people who have elected me four times are willing to accept the responsibility. By our action, we are not changing the closing date of December 31, 1995. Instead of closing to out-of-state waste this June 30th, we want its present customers to continue using it through the life of the site. Let's get the maximum benefit for all of our people while it is here. We must fight crime, fight fires and protect the safety of our children. We can do it by our action.
I urge the passage of this amendment.
Rep. WAITES raised the Point of Order that Amendment No. 282 was out of order in compliance with Act 501, Part II, Section 70, Section G, which states that beginning July 1, 1994, in addition to the requirement set forth in Section 48-47-70 (9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility. She further stated that the Amendment deleted the provision requiring the General Assembly to authorize by concurrent resolution the acceptance after June 30, 1994. She further stated that on January 29, 1987, the Speaker ruled on Representative's Wilkins Point that the Amendment was violative of statutory law and this Amendment is violative of statutory law and is inconsistent with what the law said and therefore, out of order.
Rep. HASKINS stated that to say an amendment which repealed a statute violates the provision which it is repealing would be to invalidate most everything the General Assembly did. He further stated that this amendment would repeal the provision that Rep. Waites is referring to and that there was nothing in Section 48-48-80, Subsection G which prohibited the General Assembly from repealing the section. He further stated that it was entirely within the powers of the General Assembly to repeal that section of the law and that was what the amendment would do. He further stated that it was not violative of the law but repealed it.
The SPEAKER stated that it was the same procedural control that was on the General Assembly in relation to bond bills. He further stated that before the General Assembly could appropriate any money from any type of action, a concurrent resolution would have to be passed through the House before that money could be appropriated. He further stated that there was an additonal requirement that there be a vote of both of the representatives from the State of South Carolina Southeastern Low-Level Compact. He further stated that Rep. Haskins had drafted the language and it was designed to be a procedural control which alleviated the necessity of passing an Act by the General Assembly and a mere concurrent resolution would allow the General Assembly to do that and until that resolution was passed the amendment would be out of order. He sustained the Point of Order and ruled the amendment out of order.
Rep. FELDER responded to the ruling on the Point of Order that this limitation cannot apply to this General Assembly. He further stated that the answer cannot be found in the House Rules, but in Mason's, Section 24, Subsection 3, it described the rule that one General Assembly such as this one or our previous one cannot bind the next General Assembly. He futher stated that Section 24, Subsection 3, stated that the body at its preceding meetings does not have the power to bind its successors or to put shackles on it that might be cast off only in a particular way. He further stated that other provisions to be cited were Mason's, Section 22, Subsection 5, Section 22, Subsection 6, and Section 21, Subsection 4. He further stated that each one of this sections reaffirmed the proposition that a General Assembly cannot bind a subsequent General Assembly. He further stated that to not allow this General Assembly to repeal or to proceed with debate denied the House the right to debate the issue and it denies succeeding generations to debate an issue whether it be an environmental issue or whether it is a budgetary issue or way to spend revenue. He further stated that it was not an attempt to extend or expand the facilities, it was just simply a budgetary question quite appropriate in the Appropriations Bill. He further stated that if this were true, then the House could be bound in a way that the law does not even allow by will or testament in all cases or in trust. He further stated that the House could not deny the public to elect a representative to speak on their behalf and put shackles on them or gag them.
The SPEAKER stated that the House Rules and Precendents were very clear that this General Assembly could pass statutory procedural controls which stay in effect on all future General Assemblies until they are repealed. He further stated that this was written into the law the last time this debate came up. He further stated this was under the Precedents of the House and that Mason's did not come into play unless there is a failure of both House Rules and Precedents. He further stated that the Precedent was very clear in this instance and he had ruled the amendment out of order.
Rep. QUINN proposed the following Amendment No. 283 (Doc Name L:\council\legis\amend\JIC\5754HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 12-36-2120, AS AMENDED, OF THE 1976 CODE RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FROM SALES TAX FOOD STUFFS FOR THE HOMELESS OR NEEDY THAT ARE SOLD TO NONPROFIT ORGANIZATIONS OR SUBSEQUENTLY SOLD OR DONATED BY ONE NONPROFIT ORGANIZATION TO ANOTHER NONPROFIT ORGANIZATION.
A. Section 12-36-2120(10) of the 1976 Code, as added by Act 612 of 1990, is amended by adding:
"(c) food stuffs, either prepared or packaged for the homeless or needy that are sold to nonprofit organizations, or food stuffs that are subsequently sold or donated by a nonprofit organization to another nonprofit organization. This subitem is only applicable to food stuffs which are eligible for purchase under the USDA food stamp program;"
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 33 to 55.
The amendment was then adopted by a division vote of 62 to 20.
Reps. BAKER, ROGERS, CLYBORNE, BOAN and HUFF proposed the following Amendment No. 292 (Doc Name L:\council\legis\amend\GJK\20619DW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS BEGINNING WITH FISCAL YEARS 1995-96 AND PROVIDE EXCEPTIONS; TO PROVIDE THAT ANY BILL OR JOINT RESOLUTION ENACTED AFTER JUNE 30, 1994, BY THE GENERAL ASSEMBLY REQUIRING A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT TO SPEND FUNDS, INCUR COSTS, OR TO TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS MUST PROVIDE ADEQUATE FUNDING TO THESE ENTITIES SUFFICIENT TO OFFSET THE COSTS INCURRED OR EXPENDITURES REQUIRED; TO PROVIDE FOR FISCAL IMPACT STATEMENTS REGARDING THIS REQUIREMENT, TO DEFINE WHAT CONSTITUTES AN UNFUNDED MANDATE FOR PURPOSES OF THIS PROVISION, AND TO PROVIDE THAT IF THE REQUIRED FUNDING IS NOT PROVIDED BY THE GENERAL ASSEMBLY, THE APPLICABLE SPENDING LIMITATIONS ON THESE POLITICAL SUBDIVISIONS DO NOT APPLY; TO AMEND SECTION 12-37-930 RELATING TO PROPERTY TAX ASSESSMENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE ORIGINAL COST OF PROPERTY MAY BE REDUCED; AND TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH SUCH PROGRAMS ARE IMPLEMENTED AND REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, AND PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID.
SUBSECTION 1. (A) Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law, the amount of fair market value provided in subsection (B) of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:
(1) debt service;
(2) payments for lease-purchases of school facilities; and
(3) additional school taxes for operating purposes levied for property tax years beginning after 1997.
(B) Amounts of fair market value exempt pursuant to subsection (A) are as follows:
Property Tax Year Exempt Amount
1994 $ 5,400
1995 21,000
1996 54,000
After 1996 one hundred
percent of fair
market value
(C) (1) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year. If the appropriation for a year is less than the certified estimate, the department shall calculate a proportionate reduction in the exemption amount otherwise applicable sufficient to eliminate any loss of revenue to school districts. The department shall notify the appropriate county tax officials of the reduced exemption and the reduced exemption amount applies instead of the amount provided in Subsection (B) for the appropriate tax year.
(2) The Department of Revenue and Taxation shall provide to the General Assembly and the Governor annually before December fifteenth a certified estimate of the total amount necessary to reimburse school districts for tax revenue not collected because of the exemption allowed by this section in the next fiscal year.
(3) (a) From the general fund of the State, the Comptroller General annually shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.
(b) If reimbursement funds appropriated at least equal the estimated amount and the appropriated amount is insufficient to offset the revenue loss, the Comptroller General, from the general fund of the State, shall reimburse school districts the total reimbursement required regardless of the amount appropriated.
(D) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
(B) The provisions of Section 12-37-257(C)(2), as added by this act, first apply for property tax year 1995 and fiscal year 1995-96.
SUBSECTION 2. Beginning with county government spending for fiscal year 1995-96, total spending by a county government in a fiscal year may not exceed total county government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a county government for purposes of this limitation is the total of all county government spending in a fiscal year from all sources of funds and for all purposes, but total county government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the county's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the county pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the county.
SUBSECTION 3. Beginning with municipal government spending for fiscal year 1995-96, total spending by a municipal government in a fiscal year may not exceed total municipal government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a municipal government for purposes of this limitation is the total of a municipal government spending in a fiscal year from all sources of funds and for all purposes, but total municipal government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the municipality's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the municipality pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the municipality.
SUBSECTION 4. Beginning with special purpose or public service district spending for fiscal year 1995-96, total spending by a special purpose or public service district in a fiscal year may not exceed total special purpose or public service district spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a special purpose or public service district for purposes of this limitation is the total of special purpose or public service district spending in a fiscal year from all sources of funds and for all purposes, but does not include:
(1) spending in an amount not exceeding the amount represented by applying the district's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the district.
SUBSECTION 5. Beginning with school district ad valorem tax revenues for operating purposes for school year 1995-96, total revenues of a school district from ad valorem taxes levied for operating purposes for a school year may not exceed the total of such revenues in the prior school year by more than the Education Finance Act inflation factor applicable for the current school year. However, the limitation on revenues imposed by this section does not apply to:
(1) ad valorem tax revenues in an amount represented by applying the school district's tax millage for the most recently completed tax year to the assessed value of new construction and improvements to existing property in the district not previously taxed;
(2) ad valorem tax revenues for debt service;
(3) ad valorem tax revenues to offset a prior year deficit; and
(4) revenues of additional ad valorem taxes approved by at least a two-third's vote of the governing body authorized by law to levy school tax millage in the school district.
If the limit on revenue increases allowed by this section is insufficient to permit a school district to meet the maintenance of effort requirement of Section 59-21-1030 of the 1976 Code, then additional revenues may be raised by ad valorem taxes sufficient to meet this requirement.
SUBSECTION 6. Any bill or joint resolution enacted after June 30, 1994, by the General Assembly requiring a county, municipality, school district, special purpose or public service district to spend funds or to take an action requiring the expenditure of funds must provide adequate funding to these entities sufficient to offset the costs incurred or expenditures required.
The State Budget Division after a bill or joint resolution is enacted into law shall prepare and affix to it a statement of its estimated fiscal impact on the political subdivisions referred to above, whether or not the bill or joint resolution requires the entity to expend funds, and whether or not the General Assembly has provided sufficient funding to offset the costs incurred or expenditures required.
SUBSECTION 7. An unfunded mandate prohibited by Subsection 6 shall include any legislation in which the fiscal impact statement prepared pursuant to Subsection 6 determines that an increase of more than one percent is required in the total operating budget of a particular political subdivision in its most recent fiscal year which the State has not funded. Any such fiscal impact statement on legislation which states that an increase of one percent or less of the total operating budget of the political subdivision's most recent fiscal year is required shall not be deemed an unfunded mandate. If the General Assembly fails to provide the required funding as provided in Subsection 6, then the applicable spending limitations under Subsections 2, 3, 4, and 5 of this section do not apply with regard to the funds necessary to comply with state law for that particular purpose. An unfunded mandate also shall not include any existing state law that provides for shared allocation of funding from state and local government sources.
SUBSECTION 8. (A) Section 12-43-210(B) of the 1976 Code, as last amended by Act 381 of 1988, is further amended to read:
"(B)(1) No reassessment program may be implemented in a county unless all real property in the county, including real property classified as manufacturing property, is reassessed in the same year. The department shall divide counties into five groups for purposes of assigning dates for counties to implement countywide reassessment programs. Each county shall implement a countywide reassessment program as scheduled by the department. Additionally, each county shall implement a countywide reassessment program at least every fifth year after the initial reassessment year scheduled by the department.
(2) The countywide reassessment program required by this section applies to all real property in a county, including manufacturing real property.
(3) If the department determines that a county has failed to meet the reassessment requirements of this section, it shall notify the State Treasurer in writing, who shall withhold twenty percent of distributions due the county pursuant to Chapter 27 of Title 6, the State Aid to Subdivisions Act, until the department determines that the county has complied. When the department determines that the county has complied, it shall notify the State Treasurer who then shall release the withheld funds. A county may appeal a determination of noncompliance to the department and if aggrieved by the department's determination, a county may further appeal in the manner provided by law for appeals from a final determination by the department."
(B) Initial reassessment years pursuant to the provision of Section 12-43-210(B) of the 1976 Code, as amended by this act, are as follows:
County Group Year of Reassessment
1 1997
2 1998
3 1999
4 2000
5 2001.
SUBSECTION 9. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should the The original cost must not be reduced more than eighty percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:
1995 nineteen percent
1996 eighteen percent
1997 seventeen percent
1998 sixteen percent
1999 fifteen percent
2000 fourteen percent
2001 thirteen percent
2002 twelve percent
2003 eleven percent
After 2003 ten percent.
In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."/
SUBSECTION 10. If the provisions of Section 12-37-257 of the 1976 Code as added by this section are declared unconstitutional, unlawful, or otherwise void by a court of competent jurisdiction, then the provisions of the spending and revenue limitations imposed by Subsections 2, 3, 4, and 5 are of no effect.
SUBSECTION 11. Subsection 8 of this section takes effect January 1, 1995, and applies for property tax years beginning after 1994. The remaining subsections of this section take effect upon approval by the Governor./
Renumber sections & amend totals/title to conform.
Rep. BAKER explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 292 was out of order as it was not germane in that there was a previous amendment ruled out of order similar to this one. She further stated that it had the same concept as the previous amendment and had to do with property taxes and homestead exemptions not tied in to the Appropriations Bill.
The SPEAKER stated that the previous amendment dealt with the ratio and not the homestead exemption and on page 490, Section 1, there was $16,900,000 for this homestead exemption reimbursement and he overruled the Point of Order.
Rep. BAKER continued speaking.
Rep. WAITES raised the Point of Order that Amendment No. 292 was out of order as it was not in compliance with Section 6-27-50 which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose. She further stated that Section 3 on page 15 of the amendment basically said that if a county failed to reassess in a timely fashion, the distributions made pursuant to Section 6-27-40 was delayed and that would impact on Section 6-27-50.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. GONZALES proposed the following Amendment No. 296 (Doc Name L:\council\legis\amend\JIC\5757HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-932 SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH A POLICY ON THE INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALS AND MARKINGS THAT DOES NOT ALLOW FOR DIFFERENTIATION BASED ON THE NATURE OF THE JURISDICTION IN WHICH THE SIGNAL OR MARKING IS LOCATED.
Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-932. The department shall establish and implement by January 1, 1995, a policy on the installation and maintenance of traffic signals and markings that does not allow for differentiation based on the nature of the jurisdiction in which the signal or marking is located."/
Amend title/totals, renumber sections to conform.
Rep. GONZALES explained the amendment.
Rep. FARR raised the Point of Order that Amendment No. 296 was out of order as it did not relate to a line item.
Rep. GONZALES argued contra the Point in stating that it directed them to develop a uniform policy for expenditure of the money in the budget of the Department of Transportation pertaining to maintenance.
The SPEAKER stated that it did not say that and it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. WHITE proposed the following Amendment No. 327 (Doc Name L:\council\legis\amend\CYY\15877AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING TITLE 44, CHAPTER 39 SO AS TO CREATE THE DIABETES INITIATIVE OF SOUTH CAROLINA BOARD AND TO PROVIDE FOR ITS PURPOSE AND DUTIES; TO ESTABLISH A DIABETES CENTER OF EXCELLENCE AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND AT THE UNIVERSITY OF SOUTH CAROLINA; AND TO ESTABLISH THE DIABETES OUTREACH COUNCIL AND TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS.
A. Title 44 of the 1976 Code is amended by adding:
Section 44-39-10. This act may be cited as the 'Diabetes Initiative of South Carolina Act'.
Section 44-39-20. (A) There is established within the Medical University of South Carolina the Diabetes Initiative of South Carolina Board. The purpose of this board is to establish a statewide program of education, surveillance, clinical research, and translation of new diabetes treatment methods to serve the needs of South Carolina residents with diabetes mellitus. The provisions of this chapter and the initiatives undertaken by the board supplement and do not supplant existing programs and services provided to this population.
(B) The board consists of:
(1) the following officials or their designees;
(a) the President of the Medical University of South Carolina;
(b) the President of the University of South Carolina;
(c) the Director of the Department of Health and Environmental Control;
(d) the Director of the State Department of Health and Human Services;
(e) the President of the South Carolina Medical Association;
(f) the President of the South Carolina Affiliate of the American Diabetes Association;
(g) the President of the American Association of Diabetes Educators;
(h) the President of the South Carolina Academy of Family Physicians;
(i) the head of the Office of Minority Health in the Department of Health and Environmental Control;
(j) Governor of South Carolina Chapter of the American College of Physicians;
(2) a representative of the Governor's office, to be appointed by the Governor;
(3) a member of the Joint Legislative Committee on Health Care Planning and Oversight, to be appointed by the chairman;
(4) four representatives appointed by the President of the Medical University of South Carolina for terms of four years, two of whom must be from the general public and one each from the Centers of Excellence Advisory Committees, all of whom must be persons knowledgeable about diabetes and its complications and whose term of office is four years.
(C) A vacancy on the board must be filled for the remainder of the unexpired term in the manner of original appointment.
(D) The board shall elect from its members a chair for a term of two years.
(E) The board shall meet at least quarterly or more frequently upon the call of the chairman. Members of the board not employed by the State or its political subdivisions shall receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the board.
Section 44-39-30. The powers and duties of the Diabetes Initiative of South Carolina Board are to:
(1) annually assess the effects of diabetes mellitus in South Carolina, and the status of education, clinical research, and translation of new diabetes treatment methods in South Carolina;
(2) oversee all operations of the Center of Excellence Advisory Committees, and the Diabetes Outreach Council including:
(a) reviewing annual reports;
(b) establishing annual budgets;
(c) setting annual priorities;
(3) make annual budget requests to the General Assembly to support the activities of the Diabetes Initiative of South Carolina Board;
(4) conduct diabetes surveillance activities including:
(a) obtaining data and maintaining a statewide data base
(b) analyzing data and reviewing trends on mortality and morbidity in diabetes;
(c) developing means to and disseminating important data to professionals and the public;
(d) developing proposals for grant funding.
(5) submit an annual report to the Governor and the General Assembly;
(6) other activities necessary to carry out the provisions of this chapter.
Section 44-39-40. (A) A Diabetes Center of Excellence is established at the Medical University of South Carolina and at the University of South Carolina. These centers shall develop and implement programs of professional education, specialized care, and clinical research in diabetes and its complications, in accordance with priorities established by the Diabetes Initiative of South Carolina Board. Each Center of Excellence must submit an annual report to the Diabetes Initiative of South Carolina Board.
(B) The activities of each center must be overseen and directed by a Center of Excellence Advisory Committee. Each council consists of members appointed by the president of the university within which the center is housed. The functions of the council include:
(1) reviewing programs in professional education, specialized care, and clinical research developed by the Centers;
(2) assisting in the development of proposals for grant funding for the center's activities;
(3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board.
Section 44-39-50. (A) There is created in the Medical University of South Carolina the Diabetes Outreach Council with three members appointed by the president of the university.
(B) The Diabetes Outreach Council shall oversee and direct efforts in patient education and primary care including:
(1) promoting adherence to national standards of education and care;
(2) ongoing assessment of patient care costs and reimbursement issues for persons with diabetes in South Carolina;
(3) preparing an annual report and budget proposal for submission to the Diabetes Initiative of South Carolina Board."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Reps. WOFFORD, H. BROWN, LAW, R. YOUNG and WILLIAMS proposed the following Amendment No. 330 (Doc Name L:\council\legis\amend\PT\1105DW.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:
TO CHANGE THE PROJECTS IDENTIFIED IN THE SENIOR CITIZENS CENTER SURVEY PUBLISHED BY THE COMMISSION ON AGING IN OCTOBER, 1989, AND UPDATED AUGUST 1, 1990, AND REFERENCED IN SUBSECTION (B)(1) OF SECTION 32, PART II, ACT 171 OF 1991, BY CREATING PRIORITY NUMBERS 2 AND 2A FOR FUNDING WITH STATE MONIES AS THE SENIOR CENTERS IN MONCKS CORNER AND GOOSE CREEK LOCATED IN BERKELEY COUNTY, BOTH PROJECTS FOR PLAN YEAR 1991-92 AND TO AUTHORIZE THE EXPENDITURE OF UP TO ONE THOUSAND DOLLARS BY THE OFFICE OF THE GOVERNOR, DIVISION OF AGING, IN ADMINISTERING THE REDESIGNATION OF PRIORITIES.
A. The project identified in the Senior Citizens Survey published by the Commission on Aging in October, 1989, updated August, 1990, and referenced in Subsection (B)(1) of Section 32, Part II, Act 171 of 1991, is changed to replace Priority Number 2 which was a Senior Center located in Berkeley County, with state funds of $300,000. The two new projects are a Senior Center located in Moncks Corner in Berkeley County with state funds of $104,000 and is designated as Priority Number 2 and a Senior Center in Goose Creek located in Berkeley County with state funds of $196,000 and is designated as Priority Number 2A, both projects for Plan Year 1991-92.
B. In administering the funds referenced in paragraph A. of this section, the Office of the Governor, Division of Aging, is authorized to expend from funds appropriated for other operating expenses Section 6-C, line 11 such sums as may be necessary, not to exceed $1,000 from sums otherwise appropriated to facilitate the redesignation of priorities provided for in paragraph A./
Renumber sections & amend totals/title to conform.
Rep. WOFFORD explained the amendment.
The amendment was then adopted.
Reps. McLEOD and KIRSH proposed the following Amendment No. 331 (Doc Name L:\council\legis\amend\JIC\5767HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 57-11-22 SO AS TO PROVIDE THAT ALL REVENUES OF THE DEPARTMENT OF TRANSPORTATION, NOT INCLUDING GASOLINE AND OTHER MOTOR FUELS TAXES AND FEDERAL FUNDS, MUST BE REMITTED TO THE STATE TREASURER AND DEPOSITED TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
Article 1, Chapter 11, Title 57 of the 1976 Code is amended by adding:
"Section 57-11-22. Notwithstanding any other provision of law and effective July 1, 1994, all revenues of the Department of Transportation, not including gasoline and motor fuels tax revenues and federal funds allocated to the department, must be remitted to the State Treasurer and deposited to the credit of the general fund of the State."/
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Reps. HODGES and M.O. ALEXANDER proposed the following Amendment No. 332 (Doc Name L:\council\legis\amend\BBM\9026JM.94), which was adopted.
Amend the bill, as and if amended, by striking Amendment No. 19, Part II by adding an appropriately numbered SECTION to read:
TO AMEND CHAPTER 55, TITLE 38 OF THE 1976 CODE, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CRIMINAL OFFENSES AND PENALTIES, CIVIL FINES, AND THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF A DIVISION TO BE KNOWN AS THE INSURANCE FRAUD DIVISION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO REQUIRE THE WORKERS' COMPENSATION COMMISSION TO REFER ALL CASES OF SUSPECTED FALSE STATEMENT OR MISREPRESENTATION TO THE INSURANCE FRAUD DIVISION FOR INVESTIGATION AND PROSECUTION IF WARRANTED.
A. Chapter 55 of Title 38 of the 1976 Code is amended by adding:
Section 38-55-510. This article is known and may be cited as the 'Omnibus Insurance Fraud and Reporting Immunity Act'.
Section 38-55-520. The purpose of this article is to confront aggressively the problem of insurance fraud in South Carolina by facilitating the detection of insurance fraud; to allow reporting of suspected insurance fraud; to grant immunity for reporting suspected insurance fraud; to prescribe penalties for insurance fraud; to require restitution for victims of insurance fraud; to establish a division within the Office of the Attorney General to prosecute insurance fraud; and to require the investigation of alleged insurance fraud by State Law Enforcement Division.
Section 38-55-530. As used in this article:
(a) 'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation, Division of Motor Vehicles; the Workers' Compensation Commission; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity.
(b) 'Insurer' shall have the meaning set forth in Section 38-1-20(25) and includes any authorized insurer, self-insurer, reinsurer, broker, producer, or any agent thereof.
(c) 'Person' means any natural person, company, corporation, unincorporated association, partnership, professional corporation, or other legal entity and includes any applicant, policyholder, claimant, medical provider, vocational rehabilitation provider, attorney, agent, insurer, fund, or advisory organization.
(d) 'False statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made for the purpose of obtaining or denying or causing another to obtain or deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud.
(e) 'Immune' means that neither a civil action nor a criminal prosecution may arise from any action taken pursuant to this article unless actual malice on the part of the reporting person or gross negligence or reckless disregard for the rights of the reported person is present.
Section 38-55-540. Any person or insurer who makes a false statement or misrepresentation, and any other person knowingly, with an intent to injure, defraud or deceive, who assists, abets, solicits, or conspires with such person or insurer to make a false statement or misrepresentation, is guilty of a:
(1) misdemeanor, for a first offense violation, if the amount of the benefit received is less than one thousand dollars. Upon conviction, the person must be punished by a fine not to exceed five hundred dollars or by imprisonment not to exceed thirty days;
(2) misdemeanor, for a first offense violation, if the amount of the benefit received is one thousand dollars or more. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed three years, or by both such fine and imprisonment;
(3) felony, for a second or subsequent violation, regardless of the amount of the benefit received. Upon conviction, the person must be punished by a fine not to exceed fifty thousand dollars or by imprisonment for a term not to exceed ten years, or by both such fine and imprisonment.
Any person or insurer convicted under this section must be ordered to make full restitution to the victim or victims for any economic benefit or advantage which has been obtained by the person or insurer as a result of that violation.
Section 38-55-550. (A) In addition to any criminal liability, any person who is found by a court of competent jurisdiction to have violated any provision of this act, including Section 38-55-170, must be subject to a civil penalty for each violation as follows:
(1) for a first offense, a fine not to exceed five thousand dollars;
(2) for a second offense, a fine not less than five thousand dollars but not to exceed ten thousand dollars;
(3) for a third and subsequent offense, a fine not less than ten thousand dollars but not to exceed fifteen thousand dollars.
(B) The civil penalty shall be paid to the director of the Insurance Fraud Division to be used in accordance with subsection (D) of this section. The court may also award court costs and reasonable attorneys' fees to the director. When requested by the director, the Attorney General may assign one or more deputy attorney generals to assist the bureau in any civil court proceedings against the person.
(C) Nothing in subsections (A) and (B) shall be construed to prohibit the director of the Insurance Fraud Division and the person alleged to be guilty of a violation of this act from entering into a written agreement in which the person does not admit or deny the charges but consents to payment of the civil penalty. A consent agreement may not be used in a subsequent civil or criminal proceeding relating to any violation of this act.
(D) All revenues from the civil penalties imposed pursuant to this section shall be used to provide funds for the costs of enforcing and administering the provisions of this act.
Section 38-55-560. (a) There is established in the Office of the Attorney General a division to be known as the Insurance Fraud Division, which must prosecute violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity. Upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity, the Attorney General shall forward the information to the State Law Enforcement Division for investigation.
(b) The Attorney General, upon receipt of any claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity, is empowered to:
(1) refer the matter for investigation to the State Law Enforcement Division;
(2) prosecute persons determined to be in violation of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity in a court of appropriate jurisdiction; and
(3) collect fines and restitution ordered by such courts. Where deemed appropriate, the Attorney General may use the Setoff Debt Collection Act to collect fines and restitution ordered as a result of actions brought pursuant to Sections 38-55-170 and 38-55-540.
(c) The State Law Enforcement Division shall investigate thoroughly all claims or allegations of violations of Sections 38-55-170 and 38-55-540 of the 1976 Code and related criminal insurance activity received from the Attorney General pursuant to this section.
(d) The Insurance Fraud Division of the Office of Attorney General and the investigative services of the State Law Enforcement Division as provided by this section must be funded by an appropriation of not less than two hundred thousand dollars annually from the general revenues of the State derived from the insurance premium taxes collected by the Department of Insurance and/or from fines assessed under Sections 38-55-170 and 38-55-540 which shall be deposited in the general revenue fund to the credit of the Office of the Attorney General and the State Law Enforcement Division to offset the costs of this program;provided that the funds generated from these fines, to be utilized by either the Office of the Attorney General or SLED, shall not total more than $500,000. These monies shall be shared equally on a fifty-fifty basis by the Office of the Attorney General and the State Law Enforcement Division, and the balance must go to the general fund of the State.
Section 38-55-570. (a) Any person, insurer, or authorized agency having reason to believe that another has made a false statement or misrepresentation or has knowledge of a suspected false statement or misrepresentation shall, for purposes of reporting and investigation, notify the Insurance Fraud Division of the Office of the Attorney General of the knowledge or belief and provide any additional information within his possession relative thereto.
(b) Upon request by the Insurance Fraud Division, any person, insurer, or authorized agency shall release to the Insurance Fraud Division any or all information relating to any suspected false statement or misrepresentation including, but not limited to:
(1) insurance policy information relevant to the investigation, including any application for such a policy;
(2) policy premium payment records, audits, or other documents which are available;
(3) history of previous claims, payments, fees, commissions, service bills, or other documents which are available; and
(4) other information relating to the investigation of the suspected false statement or misrepresentation.
(c) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, Division of Motor Vehicles, and the Workers' Compensation Commission shall refer, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both.
(d) Except as otherwise provided by law, any information furnished pursuant to this section shall be privileged and shall not be part of any public record. Any information or evidence furnished to an authorized agency pursuant to this section shall not be subject to subpoena or subpoena duces tecum in any civil or criminal proceeding unless, after reasonable notice to any person, insurer, or authorized agency which has an interest in the information and after a subsequent hearing, a court of competent jurisdiction determines that the public interest and any ongoing investigation will not be jeopardized by obeyance of the subpoena or subpoena duces tecum.
Section 38-55-580. (a) A person, insurer, or authorized agency, when acting without malice or in good faith, is immune from any liability arising out of filing reports, cooperating with investigations by any authorized agency, or furnishing other information, whether written or oral, and whether in response to a request by an authorized agency or upon their own initiative, concerning any suspected, anticipated, or completed insurance fraud, when such reports or information are provided to or received by any authorized agency.
(b) Nothing herein abrogates or modifies in any way common law or statutory privilege or immunity heretofore enjoyed by any person, insurer, or authorized agency.
(c) Nothing herein limits the liability of any person or insurer who, with malice or in bad faith, makes a report of suspected fraud under the provisions of this article.
Section 38-55-590. The director of the Insurance Fraud Division in the Office of the Attorney General shall annually report to the General Assembly regarding:
(a) the status of matters reported to the division, if not privileged information by law;
(b) the number of allegations or reports received;
(c) the number of matters referred to SLED for investigation;
(d) the outcome of all investigations and prosecutions under this act, if not privileged by law;
(e) the total amount of fines levied by the court and paid to or deposited by the division; and
(f) patterns and practices of fraudulent insurance transactions identified in the course of performing its duties. The director shall also periodically report this information to insurers transacting business in this State, health maintenance organizations transacting business in this State, and other persons, including the State of South Carolina, which provide benefits for health care in this State, whether these benefits are administered directly or through a third person."
B. The 1976 Code is amended by adding:
"Section 42-9-440. The commission shall refer all cases of suspected false statement or misrepresentation to the Insurance Fraud Division of the Office of the Attorney General for investigation and prosecution, if warranted, pursuant to the Omnibus Insurance Fraud and Reporting Immunity Act.
For the purposes of this section, 'false statement and misrepresentation' means a statement or representation made by a person that is false, material, made with the person's knowledge of the falsity of the statement and made for the purpose of obtaining or denying or causing another to obtain or deny any benefit or payment in connection with an insurance transaction and such shall constitute fraud."
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. BAKER and CORNING proposed the following Amendment No. 334 (Doc Name L:\council\legis\amend\JIC\5766HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 12-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO INCOME AND AMOUNTS SUBJECT TO WITHHOLDING FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REVISE THE WITHHOLDING REQUIREMENTS FOR PAYMENTS OF RENTALS AND ROYALTIES TO NONRESIDENTS, PRIZES AND AWARDS TO RESIDENTS AND NONRESIDENTS, AND CONTRACTUAL PAYMENTS TO NONRESIDENTS FOR CONDUCTING BUSINESS OR PERFORMING PERSONAL SERVICES TEMPORARILY IN THIS STATE, REVISE THRESHOLD WITHHOLDING REQUIREMENTS AND ALLOW EXEMPTION FROM WITHHOLDING BY ENTITIES REGISTERING WITH THE SECRETARY OF STATE OR DEPARTMENT OF REVENUE AND TAXATION AGREEING TO THE JURISDICTION OF THE DEPARTMENT AND THE COURTS OF THIS STATE TO DETERMINE TAX LIABILITY, TO RELIEVE THE PAYOR OF THE REQUIREMENT TO WITHHOLD WHEN THE PAYEE PROVIDES AN AFFIDAVIT STATING THAT THE PAYEE IS REGISTERED, AND TO PROVIDE FOR THE REVOCATION OF THE REGISTRATION EXEMPTION; AND TO AMEND SECTIONS 33-15-105 AND 33-42-1620, RELATING TO THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THIS STATE AND THE REGISTRATION OF A FOREIGN LIMITED PARTNERSHIP TO TRANSACT BUSINESS IN THIS STATE, SO AS TO CONFORM THESE PROVISIONS TO THE REVISED WITHHOLDING PROVISIONS OF THIS SECTION.
A. Items (2) and (3) of Section 12-9-310(A) of the 1976 Code, as last amended by Section 121, Act 181 of 1993, are further amended to read:
"(2) making payments to a nonresident of rentals or royalties at the rate of eight hundred dollars or more a year for the use of or for the privilege of using property in this State, or making payments of prizes or winnings to a resident or nonresident, shall withhold seven percent of the total amount of each payment. The rental of residential housing units, when four or fewer units are owned by a nonresident, is not subject to withholding under this section. For payments to a corporation the withholding must be at the rate of six percent. In regard to bingo prizes or winnings paid to residents or nonresidents of this State, seven percent of the total amount of each payment of five hundred dollars or more must be withheld. The provisions of this item do not apply to spectator sporting events for which an admission is charged;
(3) hiring or contracting or having a contract with a nonresident taxpayer conducting a business or performing personal services of a temporary nature carried on within this State, where the contract exceeds ten thousand dollars or reasonably could be expected to exceed ten thousand dollars, must withhold two percent of each and every payment made to these nonresidents. This item does not apply to a utility hiring or contracting or having a contract with any nonresident utility or to a county hiring or contracting with a person not in its regular employ to perform services of a temporary nature relating to damage caused by natural forces. For purposes of this item:
(a) "natural forces" means conflagration, flood, storm, earthquake, hurricane, or other public calamity;
(b) "utility" means a person, public utility, electric cooperative, special purpose district, authority, or political subdivision producing, storing, conveying, transmitting, or distributing communication, electricity, gas, water, steam, or sewerage; and
(c) "county" means a county of this State.
This item also does not apply to amounts paid to:
a nonresident contractor performing work under a contract with the South Carolina Department of Highways and Public Transportation; and
a nonresident subcontractor performing work for a contractor who is operating under a contract with the South Carolina Department of Highways and Public Transportation.
For purposes of this item, the term nonresident does not include motion picture companies as defined in Section 12-36-2120 nor does it include entities performing personal services for motion picture companies when the motion picture companies and the personal service companies obtain a certificate of authority from the Secretary of State pursuant to Title 33.
(2) (a) making payments of prizes or winnings of five hundred dollars or more to a resident or nonresident, shall withhold seven percent of the total amount of each payment. The provisions of this subitem do not apply to participants in spectator sporting events for which an admission is charged.
(b) making payments to a nonresident of rentals or royalties at the rate of twelve hundred dollars or more a year for the use of or for the privilege of using property in this State, shall withhold seven percent of the total amount of each payment to a person who is not a corporation, and five percent to each corporation. The rental of residential housing units, when four or fewer units are owned by a nonresident, is not subject to withholding under this section. An individual who pays rent directly to a nonresident solely for an apartment which is his legal residence is not required to withhold under this section. This subitem does not apply to a nonresident which has registered with the Secretary of State or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability. If the person renting from or having a royalty contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.
The department may revoke the exemption granted by the registration provided in this item if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. The revocation does not revive the duty of a person renting from or having a royalty contract with a nonresident to withhold until the person receives notice of the revocation.
(3) hiring or contracting or having a contract with a nonresident taxpayer conducting a business or performing services of a temporary nature within this State, where payment under the contract exceeds ten thousand dollars or reasonably could be expected to exceed ten thousand dollars during any one calendar year, must withhold two percent of each payment made to these nonresidents. This item does not apply to a nonresident which has registered with the Secretary of State or the Department of Revenue and Taxation and by that registration has agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties, if any. Registering with the Secretary of State or the department is not an admission of tax liability nor must this act of registering be construed to require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.
The department may revoke the exemption granted by registering with the Secretary of State or the department if it determines that the nonresident taxpayer is not cooperating with the department in the determination of the nonresident taxpayer's correct South Carolina tax liability. This revocation does not revive the duty of a person hiring, contracting, or having a contract with a nonresident to withhold, until the person receives notice of the revocation.
The department may partially or totally exempt classes of transactions from the provisions of this section and may exempt the portion of any transaction which is not taxable in this State."
B. Section 33-15-105 of the 1976 Code is amended by adding at the end:
"(d) By obtaining a certificate of authority, the foreign corporation agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with related interest and penalties, if any. Obtaining a certificate of authority is not an admission of tax liability."
C. Section 33-42-1620 of the 1976 Code is amended by adding at the end:
"By registering, the foreign limited partnership agrees to be subject to the jurisdiction of the Department of Revenue and Taxation and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with related interest and penalties, if any. Registering is not an admission of tax liability."
D. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The SPEAKER Pro Tempore granted Rep. MEACHAM a leave of absence.
Reps. FELDER, BARBER and BOAN proposed the following Amendment No. 337 (Doc Name L:\council\legis\amend\JIC\5770HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT THE REVENUES OF A COUNTY OR MUNICIPAL REAL PROPERTY TRANSFER TAX OR FEE NOT SPECIFICALLY AUTHORIZED BY GENERAL LAW MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT TO THE GENERAL FUND OF THE STATE; AND TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY COUNCILS UNDER HOME RULE, SO AS TO PROVIDE THAT THE REVENUES OF ANY COUNTY BUSINESS LICENSE TAX OR FEE ON INSURANCE COMPANIES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-70. If a county or municipality imposes a tax or fee on the transfer of real estate which is not specifically authorized by general law, the revenues of the fee or tax must be remitted to the State Treasurer for deposit to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. If a county levies a business license tax or fee on an insurance company, the revenues of the fee or tax must be remitted to the State Treasurer for deposit to the credit of the general fund of the State. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality;"
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 337 was out of order as it was not germane. He further stated that it said in effect that if a local government imposed a certain type of fee or tax that the money would be sent back to the State to be deposited in the general fund and those funds that would be generated by this amendment were not placed in Part I prior to it being introduced, therefore it did not relate to a line item.
Rep. BOAN stated on page 3 in the new language the revenues would be deposited and remitted to the State Treasurer for the proper deposit to the credit of the general fund. He further stated that this was affecting a line in Section 128, the revenue section in much the same way the video poker machine amendment by Rep. RICHARDSON did earlier.
Rep. GONZALES stated that the money that was attempting to be placed back in the bill in Part I had not been placed there.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. TOWNSEND proposed the following Amendment No. 340 (Doc Name L:\council\legis\amend\GJK\20627SD.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 59-20-20 OF THE 1976 CODE, RELATING TO THE DEFINITION OF "INDEX OF TAXPAYING ABILITY" FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THIS DEFINITION TO PROVIDE THAT THE INDEX OF A LOCAL DISTRICT'S FISCAL CAPACITY IN RELATION TO OTHER DISTRICTS SHALL BE BASED ON THE TAXABLE PROPERTY IN THE DISTRICT FOR THE MOST RECENT COMPLETED TAXABLE YEAR PRECEDING THE FISCAL YEAR IN WHICH THE INDEX IS USED RATHER THAN ON THE SECOND COMPLETED YEAR PRECEDING THE YEAR IN WHICH THE INDEX IS USED, AND TO PROVIDE THAT THE INDEX OF TAXPAYING ABILITY MUST ALSO BE ADJUSTED TO REFLECT THE TRUE MARKET VALUE FOR A MANUFACTURING FACILITY THAT IS CLOSING, OR HAS CLOSED, IN THE CURRENT YEAR IF THAT FACILITY REPRESENTED MORE THAN TWO PERCENT OF THE TOTAL LOCAL REVENUE FOR THAT DISTRICT.
"Section 59-20-20(3) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(3) 'Index of taxpaying ability' means an index of a local district's relative fiscal capacity in relation to that of all other districts of the State based on the full market value of all taxable property of the district assessed on the basis of property classification assessment ratios set forth in Article 3, Chapter 43 of Title 12 for the second most recent completed taxable year preceding the fiscal year in which the index is used. The county auditor shall provide to the Department of Revenue and Taxation the assessed value of property in each of the school districts of the county not later than February first of each year. The index must be used to calculate each district's share of the revenue to be raised locally for the foundation program. The index must include an imputed value for the property tax base implicitly generating impact aid revenue. The property tax base must be imputed at two-thirds the average ratio of all true value assessed property value statewide to prior year local revenue statewide in the foundation program, the resulting product multiplied times the average impact aid receipts during the prior three years. If impact aid receipts during the federal fiscal year are less than the average receipts for the prior three years, then state aid to the impact aid districts must be adjusted in the final payment for the state fiscal year. If the State Department of Education determines from fiscal simulations that the school finance system does not meet requirements of Section 5(D) of P. L. 81-874, the Department of Revenue and Taxation shall exclude an imputed value of impact aid receipts from the index of taxpaying ability.
The index of taxpaying ability of a district also must be adjusted to reflect the true market value for a manufacturing facility that is closing, or has closed, in the current year if that facility represented more than two percent of the total local revenue for that district.
The index must be determined annually by the Department of Revenue and Taxation on the basis of the most current sales ratio data available based on studies made pursuant to Section 12-43-250 for assessed property within a school district. The sales ratio data utilized must be based on annual ratio studies made within the previous two calendar years. The Department of Revenue and Taxation shall provide the index not later than March first to the State Department of Education and to the auditor of each county who shall provide the index to any governmental entity responsible for approving or levying of millages for school purposes. Changes and corrections may be made to the index before March first but no change is allowed after that date. When the assessment of property is under appeal and the appeal extends beyond the year in which the assessment made pursuant to Section 12-43-305 is applied, the Department of Revenue and Taxation shall adjust the index of taxpaying ability in the year in which the appeal is resolved by the amount of any difference between the assessments. Any school district is entitled to a hearing before the Department of Revenue and Taxation to review its designated index of taxpaying ability within thirty days of filing a request for the hearing. The data gathered by the Department of Revenue and Taxation for the purpose of determining an annual index must be preserved as public records in the offices of the Department of Revenue and Taxation for four years. The raw information gathered from the various county officers reflecting the representative sales within the school districts, the consideration, and the reported market value or assessed value for each sale are a part of the public records so preserved. The Department of Revenue and Taxation shall file a statement stating the methodology employed in making the annual determination of the index and refer to all sources of factual information used in making the determination. All work sheets, computer printouts, and the actual calculation must be included as the public records to be preserved by the Department of Revenue and Taxation. In determining sales to assessment ratio, the Department of Revenue and Taxation shall use only reported consideration on sales for which deeds have been placed on public record. Where sufficient sales data is not available, the Department of Revenue and Taxation shall make appraisals in lieu of sales in order to determine the index. The appraisals, including all working papers, must be included as the public records to be preserved by the Department of Revenue and Taxation. With respect to school districts within counties where abstracts of duplicates reflecting the assessed value have been filed pursuant to Section 12-39-290, the same having been adopted by the auditors under Article 3, Chapter 43 of Title 12, the index must be on the basis of the value of the property as stated in the abstracts as adjusted by sales ratio studies up to full assessments based on full fair market value."/
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Reps. CROMER, CLYBORNE, ALLISON, MARCHBANKS, GONZALES, HARRELL, HASKINS, LITTLEJOHN, MEACHAM, CATO, KLAUBER, COOPER, SHARPE, WOFFORD, GAMBLE, BAKER, WILKINS, DAVENPORT, WALKER, WELLS, HUTSON, H. BROWN, HALLMAN, TROTTER and A. YOUNG proposed the following Amendment No. 341 (Doc Name L:\council\legis\amend\CYY\15880AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO LIMIT TO THIRTY-SIX MONTHS THE LENGTH OF TIME A FAMILY MAY RECEIVE AID TO FAMILIES WITH DEPENDENT CHILDREN BENEFITS AND TO PROVIDE AN EXCEPTION; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER TO IMPLEMENT THIS TIME LIMIT; AND TO DIRECT THAT SAVINGS REALIZED BY THIS LIMITATION MUST BE APPROPRIATED TO THE DEPARTMENT FOR ITS WORK SUPPORT PROGRAM.
A. Notwithstanding any other provision of law, no family may receive Aid to Families with Dependent Children benefits for more than thirty-six months unless the head of the household is incapable of employment because of a permanent and total disability or because of a disability that extends beyond the end of the thirty-six month period.
B. The Department of Social Services shall apply for a waiver to implement the provisions of subsection A.
C. Annually the Budget and Control Board shall determine the savings in state funds that will be realized by limiting Aid to Families with Dependent Children benefits to thirty-six months, as provided for in subsection A., and shall appropriate these funds to the Department of Social Services to expand and enhance its work support program.
D. This section takes effect July 1, 1994, and applies to families who apply for Aid to Families with Dependent Children benefits after June 30, 1994, and upon recertification of families receiving or who have been determined eligible to receive Aid to Families with Dependent Children as of July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. CROMER explained the amendment.
Rep. HODGES raised the Point of Order that Amendment No. 341 was out of order as it was not germane in that the State would have to seek a waiver in order to impact the state funds and it would not affect Part I and that had not been done so this did not relate to Part I.
Rep. CLYBORNE argued contra the Point in stating that the savings from this would be appropriated to the Department of Social Services for its work support program and that was tied in to the line in Part I that dealt with the job program in the local counties.
Rep. COBB-HUNTER stated that it was not germane as what it related to and what it actually said were different.
SPEAKER Pro Tempore WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 342 (Doc Name L:\council\legis\amend\DKA\3317SD.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROHIBIT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, INCLUDING TECHNICAL COLLEGES, FROM INCREASING TUITION AND FEES TO IN-STATE UNDERGRADUATE STUDENTS UNTIL SUCH TIME AS THE INSTITUTIONS RECAPTURE AND MAINTAIN ONE HUNDRED PERCENT OF THE TOTAL EDUCATION AND GENERAL COST OF OUT-OF-STATE UNDERGRADUATE STUDENTS, TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION OVER A SPECIFIED NUMBER OF YEARS SHALL DECREASE THE SUBSIDY TO OUT-OF-STATE UNDERGRADUATE STUDENTS UNTIL THE STATE SUBSIDY FOR SUCH STUDENTS IS AT TWENTY-FIVE PERCENT OF THE TOTAL EDUCATION AND GENERAL COST, AND TO PROVIDE THAT SHOULD THERE BE ANY IN-STATE UNDERGRADUATE TUITION INCREASE IN VIOLATION OF THIS SECTION, THE APPROPRIATIONS IN THIS ACT TO THAT INSTITUTION SHALL BE REDUCED BY THE AMOUNT GENERATED BY THAT INCREASE.
State-supported colleges and universities, including technical colleges, shall not increase the tuition and fees charged to in-state undergraduate students until the institutions recapture and maintain one hundred percent of the total education and general cost for out-of-state undergraduate students. Beginning July 1, 1994, the Commission on Higher Education shall reduce the subsidy for out-of-state undergraduate students by five percent each year until the state subsidy is at twenty-five percent of the total education and general cost. At the end of these periods, the state subsidy for such undergraduate students shall be twenty-five percent of the total education and general cost.
Should there be any in-state undergraduate tuition increase in violation of this section, the appropriations in this act to that institution shall be reduced by the amount generated by that increase."/
Renumber sections & amend totals/title to conform.
Rep. McTEER explained the amendment.
The amendment was then adopted.
Reps. KELLEY, SHARPE, WITHERSPOON, WRIGHT, RISER, KEEGAN, CLYBORNE, MEACHAM and THOMAS proposed the following Amendment No. 344 (Doc Name L:\council\legis\amend\jic\5774HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-80 SO AS TO REQUIRE A COUNTY OR MUNICIPALITY WHICH IMPOSES A TAX OR FEE NOT AUTHORIZED BY GENERAL LAW ON A TRANSACTION WHICH IS SUBJECT TO A STATE IMPOSED TAX OR FEE TO REMIT THE REVENUES TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-80. If a county or municipality imposes a tax or fee not specifically authorized by general law on any transaction subject to a state imposed tax or fee including, but not limited to, sales of real property; retail sales; beer, wine, and alcoholic beverage licensing and permitting; and furnishing accommodations, the revenues of the county or municipal tax or fee must be remitted to the State Treasurer line 8, Section 10, General Appropriations Act for 1994-1995, for deposit to the credit of the General Fund of the State."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 344 was out of order as it was not germane as it did not relate to money in Part I.
Rep. KELLEY argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. COBB-HUNTER moved to reconsider the vote whereby Amendment No. 145 was adopted.
Rep. GOVAN moved to table the motion to reconsider.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey, G. Bailey, J. Boan Breeland Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Farr Felder Govan Harrelson Harris, P. Harvin Harwell Hines Holt Houck Huff Inabinett Kennedy Keyserling Kinon McAbee McTeer Neal Phillips Rhoad Richardson Riser Scott Spearman Stoddard Trotter Whipper White Wilder, D. Wilder, J. Williams Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Cato Clyborne Cromer Davenport Delleney Elliott Fair Fulmer Gamble Gonzales Graham Hallman Harrell Harris, J. Harrison Haskins Hodges Hutson Keegan Kelley Kirsh Klauber Koon Littlejohn Marchbanks Martin Mattos McCraw McElveen Neilson Quinn Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Stuart Sturkie Thomas Vaughn Waites Waldrop Walker Wells Wilkes Wilkins Witherspoon Worley Wright Young, A.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. FAIR demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Baker Barber Baxley Cato Clyborne Cromer Davenport Delleney Elliott Fair Farr Fulmer Gonzales Graham Hallman Harrell Harrison Haskins Hodges Houck Hutson Jaskwhich Keegan Kelley Keyserling Kirsh Klauber Koon Marchbanks Mattos McCraw McElveen Neilson Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, D. Smith, R. Snow Stille Stone Sturkie Thomas Vaughn Waites Waldrop Walker Wilkes Wilkins Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Askins Bailey, G. Bailey, J. Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Canty Carnell Chamblee Cobb-Hunter Cooper Corning Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Harwell Hines Holt Inabinett Kennedy Kinon Littlejohn Martin McAbee McTeer Phillips Rhoad Richardson Riser Scott Spearman Stoddard Stuart Trotter Whipper White Wilder, D. Wilder, J. Williams Witherspoon
So, the motion to reconsider was agreed to.
Rep. SCOTT spoke in favor of the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 145 was out of order as it was not germane in that it did not have an impact on the budget under consideration.
Rep. SCOTT argued contra the Point in stating that there were previous amendments that were germane.
The SPEAKER stated that he had ruled the previous amendment germane because the line item in Part I was the same as what was referred to Part II and this did not relate to anything in Part I and he sustained the Point of Order and ruled the amendment out of order.
Rep. MARTIN proposed the following Amendment No. 347 (Doc Name L:\council\legis\amend\DKA\3318AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 61-9-175 SO AS TO PROVIDE FOR TEMPORARY RETAIL PERMITS TO SELL BEER AND WINE.
A. The 1976 Code is amended by adding:
"Section 61-9-175. A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business may be issued a temporary retail beer or beer and wine permit by the department upon the purchase. The permit is effective until a permanent retail beer or beer and wine permit is approved or disapproved by the department.
The department shall collect a fee of twenty-five dollars for each temporary permit sought. The funds generated by the fee must be deposited in the general fund of the State."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. MARTIN explained the amendment.
Rep. GOVAN spoke against the amendment.
Rep. GOVAN raised the Point of Order that Amendment No. 347 was out of order as it was not germane.
The SPEAKER stated that it was germane and he overruled the Point of Order.
Rep. GOVAN continued speaker.
Rep. INABINETT moved to table the amendment, which was not agreed to by a division vote of 44 to 47.
The question then recurred to the adoption of the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey, J. Barber Baxley Boan Brown, G. Brown, H. Carnell Elliott Fulmer Gamble Hallman Harrell Harrelson Harris, J. Harvin Harwell Hodges Houck Jennings Keegan Kelley Kennedy Kinon Klauber Koon Law Littlejohn Martin McAbee McLeod McTeer Rhoad Richardson Riser Robinson Sharpe Shissias Smith, D. Snow Stille Stoddard Thomas Walker Wilder, J. Wilkins Witherspoon Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Baker Byrd Cato Chamblee Cooper Cromer Davenport Delleney Fair Felder Govan Graham Hines Holt Huff Hutson Inabinett Jaskwhich Keyserling Kirsh Marchbanks Mattos McElveen McMahand Moody-Lawrence Neilson Phillips Quinn Rogers Rudnick Sheheen Simrill Smith, R. Stone Stuart Trotter Vaughn Waites Whipper Wilder, D. Young, A.
So, the amendment was adopted.
Reps. FELDER, BARBER and BOAN proposed the following Amendment No. 348 (Doc Name L:\council\legis\amend\JIC\5770HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE THAT THE REVENUES OF A COUNTY OR MUNICIPAL REAL PROPERTY TRANSFER TAX OR FEE NOT SPECIFICALLY AUTHORIZED BY GENERAL LAW MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT TO THE GENERAL FUND OF THE STATE; AND TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY COUNCILS UNDER HOME RULE, SO AS TO PROVIDE THAT THE REVENUES OF ANY COUNTY BUSINESS LICENSE TAX OR FEE ON INSURANCE COMPANIES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-70. If a county or municipality imposes a tax or fee on the transfer of real estate which is not specifically authorized by general law, the revenues of the fee or tax must be remitted to the State Treasurer line 8, Section 10 of the Appropriations Act, 1994-1995, for deposit to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. If a county levies a business license tax or fee on an insurance company, the revenues of the fee or tax must be remitted to the State Treasurer line 8, Section 10, General Appropriations Act, 1994-1995 for deposit to the credit of the general fund of the State. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality;"
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 348 was out of order as it was not germane as it did not relate to Part I.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. QUINN and HALLMAN proposed the following Amendment No. 349 (Doc Name L:\council\legis\amend\CYY\15884AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-42 SO AS TO PROHIBIT A STATE AGENCY OR INSTITUTION FROM RETAINING A LOBBYIST OR A PUBLIC RELATIONS FIRM UNLESS THERE IS A WRITTEN CONTRACT; TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL IMPOSE A FINE OF ONE THOUSAND FIVE HUNDRED DOLLARS A MONTH FOR VIOLATIONS; AND TO PROVIDE THAT FINES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE.
A. The 1976 Code is amended by adding:
"Section 2-17-42(A) No state agency or institution may retain a lobbyist or a public relations firm unless the agency or institution enters a written contract with the lobbyist or public relations firm and the contract is approved by the board of the agency or institution if there is a governing board or by the director of the agency or institution if there is no board and the contract must be filed with the State Ethics Commission.
(B) A state agency or institution or a lobbyist or a public relations firm which, upon a determination by the State Ethics Commission, violates subsection (A) must be fined by the commission one thousand five hundred dollars a month for each month the relationship is in violation of subsection (A). The fines collected under this section must be deposited in the general fund of the State."/
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 349 was out of order as it was not germane as it did not relate to a line item in Part I.
Rep. QUINN argued contra the Point in stating that the fines imposed by the amendment were directly put into the general fund.
Rep. McABEE stated that they had to already be in Part I.
The SPEAKER stated that it had to directly relate to revenue generated or to an appropriation under Rule 5.3.
Rep. QUINN stated that it was a fine already imposed and he was directing it to the general fund.
The SPEAKER stated that it did not relate to a line item and he sustained the Point of Order and ruled the amendment out of order.
Reps. PHILLIPS and WALKER proposed the following Amendment No. 350 (Doc Name L:\council\legis\amend\DKA\3319BDW.94), which was adopted.
Amend the amendment number 187, bearing document number L:\Council\Legis\Amend\N05\7694BDW.94, sponsored by Rep. Phillips and Boan, as and if amended, page 7, subsection C, by adding at the end /Persons who have purchased a dealer license plate pursuant to Section 56-3-2320 of the 1976 Code for three hundred dollars before it was amended in this section must be reimbursed two hundred eighty dollars from the county to which that amount was remitted pursuant to this section./
Renumber sections & amend totals/title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
Reps. QUINN and RICHARDSON proposed the following Amendment No. 351 (Doc Name L:\council\legis\amend\BBM\9025JM.94), which was tabled.
Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 58-3-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980; TO PROVIDE FOR THE EXPIRATION OF TERMS OF PUBLIC SERVICE COMMISSION MEMBERS WHOSE ANNUAL SALARIES ARE PAID PURSUANT TO PART IA, SECTION 55 OF THIS ACT AND WHO ARE SERVING ON THE EFFECTIVE DATE OF THIS SECTION AND FOR THE ELECTION OF SUCCESSOR MEMBERS; AND TO PROVIDE THAT SUCH PUBLIC SERVICE COMMISSION MEMBERS SHALL NOT BE PAID A SALARY PURSUANT TO PART IA, SECTION 55 OF THIS ACT FOR ANY PERIOD EXCEEDING ONE YEAR BEYOND THE EFFECTIVE DATE OF THIS SECTION.
A. Section 58-3-20 of the 1976 Code, as last amended by Section 1549 of Act 181 of 1993, is further amended to read:
"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.
The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980 1990. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission."
B. The terms of all of the members of the Public Service Commission, whose annual salaries are paid pursuant to Part IA, Section 55 of this act and who are serving on the effective date of this section, shall terminate during Fiscal Year 1994-1995 upon the election of their successors by the General Assembly pursuant to Section 58-3-20 of the 1976 Code of Laws, as amended by subsection A of this section, and such members shall not be paid a salary pursuant to Part IA, Section 55 of this act for any period exceeding one year beyond the effective date of this section. Such election of the successors must be accomplished by the General Assembly before sine die adjournment of the 1995 Session.
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. BAXLEY raised the Point of Order that Amendment No. 351 was out of order as it was not germane.
Rep. QUINN argued contra the Point.
The SPEAKER stated that it related directly to salaries appropriated in Part I.
Rep. BAXLEY stated that on page 2 of the amendment it stated that they shall not be paid a salary pursuant to Part 1A, Section 55 of this Act for any period exceeding one year beyond the effective date of this section and that was affecting revenue not in this Bill but in future bills and this was violative of the provisions of Rule 5.3.
The SPEAKER stated that it also talked about the annual salaries being paid during this year and he overruled the Point of Order.
Rep. QUINN continued speaking.
Rep. RICHARDSON spoke against the amendment.
Rep. McABEE moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Baxley Boan Brown, G. Brown, H. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Elliott Fair Farr Felder Graham Harrelson Harris, J. Harris, P. Harvin Haskins Holt Houck Inabinett Jaskwhich Jennings Kennedy Kinon Marchbanks Martin Mattos McAbee McCraw McLeod McTeer Neal Neilson Phillips Rhoad Scott Sheheen Snow Spearman Stille Stoddard Stone Trotter Vaughn Waites Whipper White Wilder, D. Wilder, J. Williams Witherspoon
Those who voted in the negative are:
Bailey, J. Canty Clyborne Corning Fulmer Gamble Gonzales Hallman Harrell Harrison Hutson Keegan Kelley Keyserling Kirsh Klauber Koon Law McElveen Moody-Lawrence Quinn Richardson Riser Robinson Rudnick Shissias Simrill Smith, D. Smith, R. Stuart Thomas Walker Wofford Worley Wright Young, A.
So, the amendment was tabled.
Rep. WRIGHT proposed the following Amendment No. 356 (Doc Name L:\council\legis\amend\JIC\5775HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 1-11-720 OF THE 1976 CODE, RELATING TO ENTITIES WHOSE EMPLOYEES ARE ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND THE ELIGIBILITY TO EMPLOYEES OF RECREATION DISTRICTS.
Section 1-11-720(A)(7) of the 1976 Code, as added by Act 364 of 1992, is amended to read:
"(7) special purpose districts created by act of the General Assembly that provide gas, water, or sewer, or recreation service, or any combination of such these services."/
Amend title, totals, renumber sections to conform.
Rep. WRIGHT explained the amendment.
The amendment was then adopted.
Reps. BOAN and A. YOUNG proposed the following Amendment No. 357 (Doc Name L:\council\legis\amend\CYY\15890AC.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 2-15-10, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MEMBERSHIP OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE TWO ADDITIONAL PUBLIC MEMBERS, TO DELETE AS MEMBERS THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR, AND TO PROVIDE THAT ALL COUNCIL MEMBERS MAY VOTE ON ALL MATTERS BEFORE THE COUNCIL; AND TO AMEND SECTION 2-15-20, RELATING TO NOMINATIONS OF MEMBERS OF THE COUNCIL, SO AS TO REVISE HOW APPOINTMENTS ARE MADE TO THE NOMINATING COMMITTEE, TO REQUIRE NOTIFICATION OF VACANCIES, AND TO PROVIDE FOR THE TIMELY SCHEDULING OF THE COUNCIL ELECTION.
A. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:
"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."
B. Section 2-15-20 of the 1976 Code is amended to read:
"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly."/
Renumber sections & amend totals/title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
The SPEAKER granted Rep. CARNELL a leave of absence for the remainder of the day.
Reps. BAKER, ROGERS, CLYBORNE and BOAN proposed the following Amendment No. 358 (Doc Name L:\council\legis\amend\N05\7720DW.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS BEGINNING WITH FISCAL YEARS 1995-96 AND PROVIDE EXCEPTIONS; TO PROVIDE THAT ANY BILL OR JOINT RESOLUTION ENACTED AFTER JUNE 30, 1994, BY THE GENERAL ASSEMBLY REQUIRING A COUNTY, MUNICIPALITY, SCHOOL DISTRICT, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT TO SPEND FUNDS, INCUR COSTS, OR TO TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS MUST PROVIDE ADEQUATE FUNDING TO THESE ENTITIES SUFFICIENT TO OFFSET THE COSTS INCURRED OR EXPENDITURES REQUIRED; TO PROVIDE FOR FISCAL IMPACT STATEMENTS REGARDING THIS REQUIREMENT, TO DEFINE WHAT CONSTITUTES AN UNFUNDED MANDATE FOR PURPOSES OF THIS PROVISION, AND TO PROVIDE THAT IF THE REQUIRED FUNDING IS NOT PROVIDED BY THE GENERAL ASSEMBLY, THE APPLICABLE SPENDING LIMITATIONS ON THESE POLITICAL SUBDIVISIONS DO NOT APPLY; TO AMEND SECTION 12-37-930 RELATING TO PROPERTY TAX ASSESSMENTS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE ORIGINAL COST OF PROPERTY MAY BE REDUCED; AND TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH SUCH PROGRAMS ARE IMPLEMENTED AND REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID.
SUBSECTION 1. (A) Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law, the amount of fair market value provided in subsection (B) of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:
(1) debt service;
(2) payments for lease-purchases of school facilities; and
(3) additional school taxes for operating purposes levied for property tax years beginning after 1997.
(B) Amounts of fair market value exempt pursuant to subsection (A) are as follows:
Property Tax Year Exempt Amount
1994 $ 5,400
1995 21,000
1996 54,000
After 1996 one hundred
percent of fair
market value
(C) (1) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and
Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year. If the appropriation for a year is less than the certified estimate, the department shall calculate a proportionate reduction in the exemption amount otherwise applicable sufficient to eliminate any loss of revenue to school districts. The department shall notify the appropriate county tax officials of the reduced exemption and the reduced exemption amount applies instead of the amount provided in Subsection (B) for the appropriate tax year.
(2) The Department of Revenue and Taxation shall provide to the General Assembly and the Governor annually before December fifteenth a certified estimate of the total amount necessary to reimburse school districts for tax revenue not collected because of the exemption allowed by this section in the next fiscal year.
(3) (a) From the general fund of the State, the Comptroller General annually shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.
(b) If reimbursement funds appropriated at least equal the estimated amount and the appropriated amount is insufficient to offset the revenue loss, the Comptroller General, from the general fund of the State, shall reimburse school districts the total reimbursement required regardless of the amount appropriated.
(D) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
(B) The provisions of Section 12-37-257(C)(2), as added by this act, first apply for property tax year 1995 and fiscal year 1995-96.
SUBSECTION 2. Beginning with county government spending for fiscal year 1995-96, total spending by a county government in a fiscal year may not exceed total county government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a county government for purposes of this limitation is the total of all county government spending in a fiscal year from all sources of funds and for all purposes, but total county government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the county's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the county pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the county.
SUBSECTION 3. Beginning with municipal government spending for fiscal year 1995-96, total spending by a municipal government in a fiscal year may not exceed total municipal government spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a municipal government for purposes of this limitation is the total of a municipal government spending in a fiscal year from all sources of funds and for all purposes, but total municipal government spending does not include:
(1) spending in an amount not exceeding the amount represented by applying the municipality's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources and spending of local sales and use tax revenues distributed to the municipality pursuant to Chapter 10, Title 4 of the 1976 Code;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the municipality.
SUBSECTION 4. Beginning with special purpose or public service district spending for fiscal year 1995-96, total spending by a special purpose or public service district in a fiscal year may not exceed total special purpose or public service district spending in the prior fiscal year by more than the percentage increase in the consumer price index in the twelve months ending December 31 preceding the fiscal year as determined by the Bureau of Labor Statistics of the United States Department of Labor. Total spending by a special purpose or public service district for purposes of this limitation is the total of special purpose or public service district spending in a fiscal year from all sources of funds and for all purposes, but does not include:
(1) spending in an amount not exceeding the amount represented by applying the district's tax millage for the most recently completed property tax year to the assessed value of new construction and improvements to existing property not previously taxed;
(2) spending of fee revenues generated by income-producing services first extended to customers in the current fiscal year;
(3) spending of funds derived from state or federal sources;
(4) a capital expenditure financed without borrowing using funds derived from any source other than county property taxes;
(5) spending for debt service;
(6) spending to offset a prior year deficit; and
(7) spending approved by at least a two-thirds vote of the governing body of the district.
SUBSECTION 5. Beginning with school district ad valorem tax revenues for operating purposes for school year 1995-96, total revenues of a school district from ad valorem taxes levied for operating purposes for a school year may not exceed the total of such revenues in the prior school year by more than the Education Finance Act inflation factor applicable for the current school year. However, the limitation on revenues imposed by this section does not apply to:
(1) ad valorem tax revenues in an amount represented by applying the school district's tax millage for the most recently completed tax year to the assessed value of new construction and improvements to existing property in the district not previously taxed;
(2) ad valorem tax revenues for debt service;
(3) ad valorem tax revenues to offset a prior year deficit; and
(4) revenues of additional ad valorem taxes approved by at least a two-third's vote of the governing body authorized by law to levy school tax millage in the school district.
If the limit on revenue increases allowed by this section is insufficient to permit a school district to meet the maintenance of effort requirement of Section 59-21-1030 of the 1976 Code, then additional revenues may be raised by ad valorem taxes sufficient to meet this requirement.
SUBSECTION 6. Any bill or joint resolution enacted after June 30, 1994, by the General Assembly requiring a county, municipality, school district, special purpose or public service district to spend funds or to take an action requiring the expenditure of funds must provide adequate funding to these entities sufficient to offset the costs incurred or expenditures required.
The State Budget Division after a bill or joint resolution is enacted into law shall prepare and affix to it a statement of its estimated fiscal impact on the political subdivisions referred to above, whether or not the bill or joint resolution requires the entity to expend funds, and whether or not the General Assembly has provided sufficient funding to offset the costs incurred or expenditures required.
SUBSECTION 7. An unfunded mandate prohibited by Subsection 6 shall include any legislation in which the fiscal impact statement prepared pursuant to Subsection 6 determines that an increase of more than one percent is required in the total operating budget of a particular political subdivision in its most recent fiscal year which the State has not funded. Any such fiscal impact statement on legislation which states that an increase of one percent or less of the total operating budget of the political subdivision's most recent fiscal year is required shall not be deemed an unfunded mandate. If the General Assembly fails to provide the required funding as provided in Subsection 6, then the applicable spending limitations under Subsections 2, 3, 4, and 5 of this section do not apply with regard to the funds necessary to comply with state law for that particular purpose. An unfunded mandate also shall not include any existing state law that provides for shared allocation of funding from state and local government sources.
SUBSECTION 8. (A) Section 12-43-210(B) of the 1976 Code, as last amended by Act 381 of 1988, is further amended to read:
"(B)(1) No reassessment program may be implemented in a county unless all real property in the county, including real property classified as manufacturing property, is reassessed in the same year. The department shall divide counties into five groups for purposes of assigning dates for counties to implement countywide reassessment programs. Each county shall implement a countywide reassessment program as scheduled by the department. Additionally, each county shall implement a countywide reassessment program at least every fifth year after the initial reassessment year scheduled by the department.
(2) The countywide reassessment program required by this section applies to all real property in a county, including manufacturing real property."
(B) Initial reassessment years pursuant to the provision of Section 12-43-210(B) of the 1976 Code, as amended by this act, are as follows:
County Group Year of Reassessment
1 1997
2 1998
3 1999
4 2000
5 2001.
SUBSECTION 9. The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:
"In no event should the The original cost must not be reduced more than eighty percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:
1995 nineteen percent
1996 eighteen percent
1997 seventeen percent
1998 sixteen percent
1999 fifteen percent
2000 fourteen percent
2001 thirteen percent
2002 twelve percent
2003 eleven percent
After 2003 ten percent.
In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."/
SUBSECTION 10. If the provisions of Section 12-37-257 of the 1976 Code as added by this section are declared unconstitutional, unlawful, or otherwise void by a court of competent jurisdiction, then the provisions of the spending and revenue limitations imposed by Subsections 2, 3, 4, and 5 are of no effect.
SUBSECTION 11. Subsection 8 of this section takes effect January 1, 1995, and applies for property tax years beginning after 1994. The remaining subsections of this section take effect upon approval by the Governor./
Renumber sections & amend totals/title to conform.
Rep. GONZALES raised the Point of Order that Amendment No. 358 was out of order as it was not germane in that the substantial effect of the amendment did not relate to the purpose of the Appropriations Bill and the purpose of funds.
The SPEAKER stated that this was expanding the impact of Rule 5.3 but that the amendment directly related to the 16.5 million dollars provided for homestead exemption in the front Part of the Bill and he overruled the Point of Order.
Rep. BAKER explained the amendment.
Rep. GONZALES spoke against the amendment.
Rep. STILLE raised the Point of Order that Amendment No. 358 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. WHIPPER raised the Point of Order that Amendment No. 358 was out of order as it was not germane in that it affected other years other than this fiscal year.
The SPEAKER stated that it can't only affect other years but it has to affect the year pertaining to the Bill and he overruled the Point of Order.
Rep. WILKINS moved to divide the question.
Rep. RUDNICK demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey, G. Bailey, J. Fair Fulmer Graham Hallman Harrell Hodges Marchbanks Mattos McElveen Robinson Sheheen Simrill Stille Stuart Thomas Trotter Waites Walker Wells Wilkins
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Brown, J. Byrd Canty Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Davenport Delleney Elliott Farr Felder Gamble Gonzales Govan Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Martin McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Riser Rogers Rudnick Sharpe Shissias Smith, R. Snow Spearman Stoddard Stone Vaughn Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Wright Young, A.
So, the House refused to divide the question.
Rep. J. BAILEY spoke upon the amendment.
Rep. WALKER spoke in favor of the amendment.
Reps. WILKINS and BOAN spoke against the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.
Rep. GONZALES proposed the following Amendment No. 360 (Doc Name L:\council\legis\amend\JIC\5777HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-932 SO AS TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM EXPENDING FUNDS AFTER DECEMBER 31, 1994, ON TRAFFIC SIGNALS AND MARKER INSTALLATION AND MAINTENANCE EXCEPT PURSUANT TO A POLICY ON THE INSTALLATION AND MAINTENANCE OF THESE ITEMS THAT DOES NOT ALLOW FOR DIFFERENTIATION BASED ON THE NATURE OF THE JURISDICTION IN WHICH THE SIGNAL OR MARKING IS LOCATED.
Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-932. After December 31, 1994, no funds available to the department pursuant to appropriation in the annual general appropriations act may be expended on traffic signal and marking installation and maintenance except pursuant to a policy on the installation and maintenance of these items that does not allow for differentiation based on the nature of the jurisdiction in which the signal or marking is located."/
Amend title/totals, renumber sections to conform.
Rep. GONZALES explained the amendment.
Rep. FARR raised the Point of Order that Amendment No. 360 was out of order as it was not germane.
Rep. GONZALES argued contra the Point.
The SPEAKER stated that it had to relate to a line item in Part I.
Rep. GONZALES continued to argue contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. McLEOD, HOLT and SHISSIAS proposed the following Amendment No. 363 (Doc Name L:\council\legis\amend\DKA\3324DW.94), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO PROVIDE FOR THE "MOTOR VEHICLE CUSTOMER SERVICE ACT OF 1994"; TO AMEND SECTION 56-1-140, RELATING TO THE ISSUANCE OF LICENSES AND THEIR CONTENTS, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-200, RELATING TO DUPLICATE LICENSES, SO AS TO INCREASE THE LICENSE FEE; TO AMEND SECTION 56-1-210, RELATING TO THE RENEWAL OF LICENSES, SO AS TO REVISED THE RENEWAL DATE; AND TO AMEND SECTION 56-3-376, AS AMENDED, RELATING TO THE SYSTEM OF REGISTRATION OF MOTOR VEHICLES, SO AS TO PROVIDE FOR STAGGERED REGISTRATION RENEWAL DATES.
A. This section is known as the "Motor Vehicle Customer Service Act of 1994".
B. Section 56-1-140 of the 1976 Code is amended to read:
"Section 56-1-140. The Department shall Upon the payment of a fee of ten twelve dollars and fifty cents, the department shall issue to every qualified applicant qualifying therefor a driver's license as applied for, which. The license shall must bear thereon on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address, and a brief description and laminated colored photograph of the licensee and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license shall be is valid until it has been so signed by the licensee. The license shall authorize authorizes the licensee to operate only those classifications of vehicles as indicated on the license."
C. Section 56-1-200 of the 1976 Code is amended to read:
"Section 56-1-200. In the event that If a driver's license is lost or destroyed, the person to whom the license was issued may, upon payment of a fee of fifty cents three dollars, may obtain a duplicate or, substitution thereof of it upon furnishing proof satisfactory to the department that such the license has been lost or destroyed."
D. The first paragraph of Section 56-1-210 of the 1976 Code is amended to read:
"Every license expires on the licensee's birth date on the fourth fifth calendar year after the calendar year in which it is issued. Every license is renewable on or before its expiration date upon application and the payment of the required fee. The department shall require a vision test of the applicant. The vision examination may be waived upon the submission of a certificate from any a person authorized by law to examine eyes.
E. Section 56-3-376 of the 1976 Code, as last amended by Section 22C, Part II, Act 164 of 1993, is further amended by adding at the end:
"Notwithstanding the registration periods provided in this section, upon appropriate notice, the department may revise the established renewal dates to allow renewals to be assigned an expiration date pursuant to a staggered monthly basis."
F. This section takes effect January 1, 1995./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
The amendment was then adopted.
Amendment #363
Let the record reflect that I voted "no" on raising the motor vehicle fees.
Rep. IRENE K. RUDNICK
Rep. A. YOUNG moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.
Rep. McLEOD moved that the House do now adjourn.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Beatty Brown, G. Brown, J. Byrd Cooper Corning Davenport Keyserling Marchbanks McElveen McLeod Rhoad Robinson Rudnick Snow Trotter Williams
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Cato Chamblee Clyborne Cobb-Hunter Cromer Delleney Fair Farr Felder Gamble Gonzales Graham Harrell Harris, J. Harris, P. Harrison Harvin Harwell Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kinon Kirsh Klauber Law Littlejohn Martin McCraw McKay McMahand McTeer Moody-Lawrence Neal Phillips Quinn Richardson Riser Rogers Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stone Stuart Thomas Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Wofford Worley Wright Young, A.
So, the House refused to adjourn.
Rep. HOLT moved to rescind Rule 3.9 and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Brown, G. Brown, H. Brown, J. Byrd Canty Cobb-Hunter Corning Davenport Delleney Fair Farr Felder Gonzales Govan Graham Harrell Harrelson Harris, P. Harrison Harvin Hines Holt Houck Inabinett Jaskwhich Jennings Kennedy Keyserling Koon Littlejohn Marchbanks Martin McCraw McElveen McKay McLeod McMahand McTeer Neal Neilson Phillips Rhoad Richardson Riser Rudnick Scott Sharpe Sheheen Smith, D. Snow Spearman Stille Stoddard Sturkie Thomas Trotter Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Williams Witherspoon Worley Wright
Those who voted in the negative are:
Alexander, M.O. Allison Askins Baker Cato Chamblee Cromer Gamble Harris, J. Harwell Haskins Huff Hutson Keegan Kelley Kinon Kirsh Klauber Law Mattos Moody-Lawrence Quinn Robinson Shissias Simrill Smith, R. Stone Stuart Vaughn Walker Wofford Young, A.
So, Rule 3.9 was rescinded.
Rep. RICHARDSON proposed the following Amendment No. 365 (Doc Name L:\council\legis\amend\N05\7721AC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO DIRECT THE GOVERNOR TO APPOINT A BLUE RIBBON PANEL TO STUDY THE SALARIES OF THE STATE CONSTITUTIONAL OFFICERS, MEMBERS OF THE GENERAL ASSEMBLY, AGENCY DEPARTMENT HEADS, AND THE JUDICIARY; TO DEVELOP A SALARY ADJUSTMENT FORMULA; TO REPORT TO THE GENERAL ASSEMBLY ON OR BEFORE DECEMBER 1, 1994; AND TO PROVIDE THAT SALARY INCREASES MUST BE FUNDED THROUGH SURPLUS FUNDS PURSUANT TO SECTION 11-11-140.
A. From funds appropriated to the Governor's Office-Executive Policy and Programs in Section 6C of the General Appropriations Act, the Governor shall appoint a Blue Ribbon Panel to study the salaries of all state constitutional officers, the members of the general assembly, agency department heads and the judiciary and to develop a formula to use in adjusting these salaries, which must be contained in a report submitted to the general assembly on or before December 1, 1994.
B. The formula submitted pursuant to subsection A. takes effect February 1, 1995, unless it is disapproved by joint resolution before February 1, 1995.
C. Any increases in salaries of constitutional officers, members of the general assembly, agency department heads, or the judiciary in accordance with the formula developed pursuant to subsection A. initially must be funded through surplus funds available under Section 11-11-140./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. STUART raised the Point of Order that Amendment No. 365 was out of order as it was not germane.
Rep. RICHARDSON argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Reps. McLEOD, J. BAILEY and CLYBORNE proposed the following Amendment No. 367 (Doc Name L:\council\legis\amend\JIC\5780HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-10-247 SO AS TO PROVIDE THAT THE UNPAID BALANCE OF THE REINSTATEMENT FEE AND THE PER DIEM FINE IMPOSED FOR FAILURE TO MAINTAIN LIABILITY INSURANCE ON A MOTOR VEHICLE IS A DEBT DUE THE STATE FROM THE UNINSURED OWNER FOR WHICH THAT OWNER IS PERSONALLY LIABLE AND WHICH MAY BE COLLECTED IN THE MANNER THAT UNPAID TAXES DUE THE STATE ARE COLLECTED.
A. Article 1, Chapter 10, Title 56 of the 1976 Code is amended by adding:
"Section 56-10-247. Unpaid reinstatement fees and per diem fines imposed pursuant to Sections 56-10-240 and 56-10-245 are a debt due the State for which the owner of the uninsured vehicle is personally liable. This debt is collectible in the same manner that unpaid taxes due the State are collectible as provided in Chapter 54 of Title 12."
B. This section takes effect July 1, 1994, and applies with respect to reinstatement fees and per diem fines due after June 30, 1994./
Renumber sections & amend totals/title to conform.
Rep. McLEOD explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 367 was out of order as it was not germane.
Rep. McLEOD argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. HASKINS proposed the following Amendment No. 370, which was ruled out of order.
Amend the bill, as and if amended, Part II, permanent provisions, by adding a new section:
TO RAISE REVENUE TO FUND PART I APPROPRIATIONS BY ADDING SECTION 48-48-85 RELATING TO THE DATE THAT THE BARNWELL LOW-LEVEL FACILITY SHALL CEASE TO ACCEPT WASTE FROM OUTSIDE THE STATE, TO ESTABLISH THE CONDITIONS UNDER WHICH THE BARNWELL SITE SHALL CONTINUE TO SERVE AS THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT DISPOSAL FACILITY, TO ESTABLISH THE CONDITIONS, MILESTONES, AND CONSEQUENCES FOR ACTIONS BY NORTH CAROLINA IN SITING A STORAGE FACILITY AND REPEALING SECTION 48-48-80 RELATING TO THE DATE THAT THE BARNWELL LOW-LEVEL FACILITY CEASES TO ACCEPT WASTE FROM OUTSIDE THE STATE, THE ESTABLISHMENT OF THE CONDITIONS UNDER WHICH THE BARNWELL SITE CONTINUES TO SERVE AS THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT DISPOSAL FACILITY, TO THE ESTABLISHMENT OF THE CONDITIONS, MILESTONES, AND CONSEQUENCES FOR ACTIONS BY NORTH CAROLING IN SITING A STORAGE FACILITY; TO REQUIRE THAT ANY REVENUE GENERATED FROM THE ENACTMENT OF SECTION 48-48-85 AND THE REPEAL OF SECTION 48-48-80 MUST BE CREDITED TO THE GENERAL FUND AND USED FOR THE PURPOSE OF FUNDING PART I APPROPRIATIONS; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND SUBMIT A REPORT ON THE EFFECT OF THE REPEAL.
A. In order to increase general fund revenue to fund appropriations in Part I of this Act, the General Assembly finds it necessary to raise revenue by repealing Section 48-48-80 and to enact a new code Section 48-48-85.
B. The 1976 Code is amended by adding:
"Section 48-48-85. (A) Beginning no later than January 1, 1996, the disposal facility located at Barnwell shall cease to accept radioactive waste from outside the borders of the State. Further operation of the facility beyond January 1, 1993, must be as provided in this section and by law. In accordance with Section 13-7-30, the State Budget and Control Board, or its designee, is responsible for extended custody and maintenance of the Barnwell site following closure and license transfer from the facility operator. The department is responsible for continued site monitoring.
(B) The Barnwell site shall continue to serve as the disposal facility for the Southeast Interstate Low-level Radioactive Waste Management Compact until January 1, 1996, subject to the following conditions:
(1) The site must cease serving as a facility for the compact if North Carolina has a permanent or temporary site ready to receive the region's waste before January 1, 1996.
(2) North Carolina must exclude any site within ten miles of a neighboring state by December 31, 1993.
(3) North Carolina must not site a low-level waste storage or disposal facility at a location which will pose a threat to human health, the environment, or water resources in contiguous states.
(C) If North Carolina fails to satisfy any one of the conditions set forth in (B)(2) or (B)(3) or if North Carolina selects a site for the storage or disposal of low-level radioactive waste within ten miles of a neighboring state the following shall result:
(1) The Barnwell site must immediately cease to accept low-level waste generated in North Carolina.
(2) The Barnwell site must cease to accept waste from outside the State as of June 30, 1994. The South Carolina Department of Health and Environmental Control shall make determinations whether the conditions set forth herein are satisfied and report its findings to the President of the Senate, the Speaker of the House, and the Governor.
(D) As a further condition of the continued operation of the Barnwell site as a regional low-level radioactive disposal site until January 1, 1996, the State of North Carolina must comply with the following milestones:
(1) The State of North Carolina must submit a completed regional disposal facility license application to all appropriate government agencies prior to December 31, 1993.
(2) A regional disposal facility operating license must be approved by all appropriate government agencies prior to March 15, 1995.
(E) The State of North Carolina shall notify the Southeast Compact Commission and the South Carolina Department of Health and Environmental Control on each milestone date as to whether the milestone has been accomplished, and the Compact Commission shall so certify. The South Carolina Department of Health and Environmental Control shall certify whether or not the milestones have been met and report its findings to the President of the Senate, the Speaker of the House, and the Governor. If any milestone is not accomplished, payment from a fund established by the commission, and funded by a surcharge imposed prior to December 31, 1992, on generators of low-level waste within the southeast region other than generators located in this State, in the amount of five million dollars must be made to the State of South Carolina.
The failure of North Carolina or the Southeast Compact Commission to satisfy any one of the milestones by the prescribed dates shall require the Barnwell site to cease to operate one year from the date that the milestone was to be met.
(F) As a further condition beginning January 1, 1993, the Southeast Compact Commission shall not approve any agreements allowing acceptance of nonregion waste unless such agreements provide for the assessment of a fee equal to or greater than one hundred sixty dollars per cubic foot.
(G) If the continued availability after December 31, 1992, of the site to the compact is declared in violation of, or inconsistent with, the compact by a court of competent jurisdiction because of the conditions set forth in this section or by law, the facility shall cease to accept waste generated in North Carolina immediately and from outside the state or from other southeastern compact states as of July 1, 1994.
(H) Nothing in this section must be construed to alter or diminish the existing statutory authority of the South Carolina Department of Health and Environmental Control to regulate activities involving radioactive materials or radioactive wastes."
C. Section 48-48-80 of the 1976 Code is repealed.
D. All revenue generated from the enactment of Code Section 48-48-85 and the repeal of Section 48-48-80 must be credited to the general fund and used for the purpose of funding appropriations from the general fund as contained in Part I of this act.
E. From the funds appropriated to the Department of Health and Environmental Control for environmental quality control, the Department of Health and Environmental Control must prepare a report on the effect of the enactment of Code Section 48-48-85 and the repeal of Code Section 48-48-80(G) and must submit the report to the General Assembly no later than June 30, 1995.
F. This section takes effect July 1, 1994./
Renumber sections and amend totals/title to conform.
Rep. HASKINS explained the amendment.
Rep. WAITES raised the Point of Order that Amendment No. 370 was out of order in compliance with Act 501, Part II, Section 70, Section G.
Rep. HASKINS argued contra the Point in stating that ruling on the previous Point was that the procedure set up in Section G of Section 48-48-80 was a procedure for amending Section 48-48-80 which could not be violated by this General Assembly. He further stated that the difference in this amendment was that it repealed the statute Section 48-48-80 in its entirety and add a new section to the law, Section 48-48-85.
The SPEAKER stated that it was attempting to do indirectly what cannot be done directly because it was trying to raise revenue and extend the date for accepting out of region waste from July 1, 1994 to December 31, 1996. He further stated that if he allowed him to do this then it would violate the statutory authority which says the only way that you could extend that date would be by concurrent resolution and affirmative votes by both representatives on the Compact Commission and he sustained the Point of Order and ruled the amendment out of order.
Reps. QUINN and HALLMAN proposed the following Amendment No. 372 (Doc Name L:\council\legis\amend\DKA\3328DW.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-42 SO AS TO PROHIBIT A STATE AGENCY OR INSTITUTION FROM RETAINING A LOBBYIST OR A PUBLIC RELATIONS FIRM UNLESS THERE IS A WRITTEN CONTRACT; TO PROVIDE THAT THE STATE ETHICS COMMISSION SHALL IMPOSE A FINE OF ONE THOUSAND FIVE HUNDRED DOLLARS A MONTH FOR VIOLATIONS; AND TO PROVIDE THAT FINES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE AND PROVIDE THAT CERTAIN FUNDS APPROPRIATED FOR THE DEPARTMENT OF PARKS, DEPARTMENT OF NATURAL RESOURCES, AND THE DEPARTMENT OF AGRICULTURE MAY NOT BE USED TO VIOLATE THE PROVISIONS OF SECTION 2-17-42 ADDED PURSUANT TO THE PROVISIONS OF THIS SECTION.
A. The 1976 Code is amended by adding:
"Section 2-17-42(A) No state agency or institution may retain a lobbyist or a public relations firm unless the agency or institution enters a written contract with the lobbyist or public relations firm and the contract is approved by the board of the agency or institution if there is a governing board or by the director of the agency or institution if there is no board and the contract must be filed with the State Ethics Commission.
(B) A state agency or institution or a lobbyist or a public relations firm which, upon a determination by the State Ethics Commission, violates subsection (A) must be fined by the commission one thousand five hundred dollars a month for each month the relationship is in violation of subsection (A). The fines collected under this section must be deposited in the general fund of the State."
B. The funds appropriated in Department of Parks, Section 49, page 400, line 13; Department of Natural Resources, Section 47, page 396, line 15; and Department of Agriculture, Section 45, page 384, line 14 of Part IA of this act may not be used to violate the provisions of Section 2-17-42 of the 1976 Code added pursuant to the provisions of subsection A of this section./
Renumber sections & amend totals/title to conform.
Rep. QUINN explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 25.
Rep. GONZALES proposed the following Amendment No. 373 (Doc Name L:\council\legis\amend\JIC\5777HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-932 SO AS TO PROHIBIT THE DEPARTMENT OF TRANSPORTATION FROM EXPENDING FUNDS AFTER DECEMBER 31, 1994, ON TRAFFIC SIGNALS AND MARKER INSTALLATION AND MAINTENANCE EXCEPT PURSUANT TO A POLICY ON THE INSTALLATION AND MAINTENANCE OF THESE ITEMS THAT DOES NOT ALLOW FOR DIFFERENTIATION BASED ON THE NATURE OF THE JURISDICTION IN WHICH THE SIGNAL OR MARKING IS LOCATED.
Article 7, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-932. After December 31, 1994, no funds available to the department pursuant to appropriations for highway maintenance classified positions or highway maintenance other operating expenses in the annual general appropriations act (1994-1995 page 494, line 35, and page 495, line 1) may be expended on traffic signal and marking installation and maintenance except pursuant to a policy on the installation and maintenance of these items that does not allow for differentiation based on the nature of the jurisdiction in which the signal or marking is located."/
Amend title/totals, renumber sections to conform.
Rep. GONZALES explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 60 to 17.
The SPEAKER granted Rep. FULMER a leave of absence for the remainder of the day.
Rep. RICHARDSON proposed the following Amendment No. 374 (Doc Name L:\council\legis\amend\N05\7721AC.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO DIRECT THE GOVERNOR TO APPOINT A BLUE RIBBON PANEL TO STUDY THE SALARIES OF THE STATE CONSTITUTIONAL OFFICERS, MEMBERS OF THE GENERAL ASSEMBLY, AGENCY DEPARTMENT HEADS, AND THE JUDICIARY; TO DEVELOP A SALARY ADJUSTMENT FORMULA; TO REPORT TO THE GENERAL ASSEMBLY ON OR BEFORE DECEMBER 1, 1994; AND TO PROVIDE THAT SALARY INCREASES MUST BE FUNDED THROUGH SURPLUS FUNDS PURSUANT TO SECTION 11-11-140.
A. From funds appropriated to the Governor's Office-Executive Policy and Programs in Section 6C, line 11, page 37, of the General Appropriations Act, the Governor shall appoint a Blue Ribbon Panel to study the salaries of all state constitutional officers, the members of the general assembly, agency department heads and the judiciary and to develop a formula to use in adjusting these salaries, which must be contained in a report submitted to the general assembly on or before December 1, 1994.
B. The formula submitted pursuant to subsection A. takes effect February 1, 1995, unless it is disapproved by joint resolution before February 1, 1995.
C. Any increases in salaries of constitutional officers, members of the general assembly, agency department heads, or the judiciary in accordance with the formula developed pursuant to subsection A. initially must be funded through surplus funds available under Section 11-11-140./
Renumber sections & amend totals/title to conform.
Rep. RICHARDSON explained the amendment.
Rep. HARRELSON spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. FELDER, BARBER and BOAN proposed the following Amendment No. 375 (Doc Name L:\council\legis\amend\JIC\5784HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-70 SO AS TO PROVIDE FOR THE USE OF FUNDS APPROPRIATED TO THE STATE TREASURER TO COLLECT THE REVENUES OF A COUNTY OR MUNICIPAL REAL PROPERTY TRANSFER TAX OR FEE NOT SPECIFICALLY AUTHORIZED BY GENERAL LAW TO REQUIRE THE REVENUES TO BE PAID OVER AND PROVIDE THAT THE REVENUES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE; AND TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE POWERS OF COUNTY COUNCILS UNDER HOME RULE, SO AS TO PROVIDE FOR THE USE OF FUNDS APPROPRIATED TO THE STATE TREASURER TO COLLECT THE REVENUES OF ANY COUNTY BUSINESS LICENSE TAX OR FEE ON INSURANCE COMPANIES, TO REQUIRE THE REVENUES TO BE PAID OVER AND PROVIDE THAT THE REVENUES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-70. From the funds appropriated to the State Treasurer for 'other operating expenses' on line 35, page 47, Section 10, Part IA of the general appropriations act for fiscal year 1994-95, the State Treasurer shall use five hundred dollars to develop procedures to collect and shall proceed to collect from a county or municipality any revenues raised from a county or municipal tax or fee on the transfer of real property which is not specifically authorized by general law. The county or municipality shall pay over the revenues in the manner provided by the State Treasurer. The county tax or fee revenues collected by the State Treasurer must be deposited to the credit of the general fund of the State."
B. Section 4-9-30(12) of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"(12) to levy uniform license taxes upon persons and businesses engaged in or intending to engage in a business, occupation, or profession, in whole or in part, within the county but outside the corporate limits of a municipality except those persons who are engaged in the profession of teaching or who are ministers of the gospel and rabbis, except persons and businesses acting in the capacity of telephone, telegraph, gas and electric utilities, suppliers, or other utility regulated by the Public Service Commission and except an entity which is exempt from license tax under another law or a subsidiary or affiliate of any such exempt entity. From the funds appropriated to the State Treasurer on line 35, page 47, Section 10, Part 1A of the general appropriations act for fiscal year 1994-95, the State Treasurer shall use five hundred dollars to develop a procedure to collect and shall proceed to collect from a county any revenues of a county business license tax on insurance companies or fee on insurance companies. The county shall pay over the revenues in the manner prescribed by the State Treasurer. The revenues collected by the State Treasurer must be deposited to the credit of the general fund of the State. The license tax must be graduated according to the gross income of the person or business taxed. A business engaged in making loans secured by real estate is subject to the license tax only if it has premises located in the county but outside the corporate limits of a municipality. If the person or business taxed pays a license tax to another county or to a municipality, the gross income for the purpose of computing the tax must be reduced by the amount of gross income taxed in the other county or municipality;"
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. FELDER explained the amendment.
Rep. GONZALES raised the Point of Order that Amendment No. 375 was out of order as it was not germane under Rule 5.3 in that no amendment of the Appropriations Bill is in order unless its substantial effect is directly germane to the purposes of the Bill. He further stated that it can be said that there has been a provision tacked on the amendment which states $500.00 from a particular line in Part I is used to develop a procedure to collect revenues. He further stated that effect of the amendment was to write a new section into the Code to remove revenues from local government and move it to the State. He further stated that the amendment only referenced a line that state government shall implement this provision. He further stated that you could find a line anytime you do anything and say it had an impact.
The SPEAKER stated that the sentence cited was the one year provision but the next sentence of Rule 5.3 controlled Part II in which a permanent part cannot be put in unless it relates directly to an appropriation or revenue provided.
Rep. GONZALES stated that it said that no amendment to the Appropriations Bill and that it did not differentiate between annual or permanent.
The SPEAKER stated that in his 18 years here it had been interpreted that way in that the first sentence applies to Part I and the second sentence applies to Part II and he overruled the Point of Order.
Rep. GONZALES further raised the Point of Order that the amendment was out of order under Article X, Section 5 of the Constitution which states that any tax levied shall distinctly state the public purpose to which the proceeds of the tax shall be applied and the effect of the amendment was taxes which are levied for one purpose by county and municipal government will be diverted without that being made clear and this was a violation of that Constitutional provision.
The SPEAKER stated that Article X only applied to taxes levied by the State and did not apply to taxes levied by municipalities or counties and he overruled the Point of Order.
Reps. GONZALES and RICHARDSON spoke against the amendment.
The SPEAKER granted Rep. HALLMAN a leave of absence for the remainder of the day.
Reps. CLYBORNE and HASKINS spoke in favor of the amendment.
Reps. GONZALES and RICHARDSON spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. HARWELL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Delleney Fair Farr Felder Gamble Graham Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hines Holt Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Riser Robinson Rogers Rudnick Sheheen Shissias Simrill Smith, R. Snow Spearman Stoddard Stone Sturkie Thomas Trotter Vaughn Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Bailey, J. Byrd Gonzales Keyserling Richardson Scott Stille Stuart Waites Whipper White
So, the amendment was adopted.
Rep. HASKINS proposed the following Amendment No. 376 (Doc Name L:\h-wm\legis\amend\DC.084), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section New, by /repealing Section 48-48-80 in its entirety./
Renumber sections & amend totals/title to conform.
Rep. WAITES raised the Point of Order that Amendment No. 376 was out of order as it was not germane under Rule 5.3.
The SPEAKER stated that it repealed Section 48-48-80.
Rep. HASKINS argued contra the Point in stating that if Section 48-48-80 is repealed then it will directly affect revenue which is derived from the site in Barnwell which is a line item in the revenue section.
The SPEAKER stated that to affect that line you would have to do what is prohibited under the law by extending the date to receive waste and the only way you can do that is by concurrent resolution which would extend the date.
Rep. HASKINS stated that on earlier rulings in order to extend the date without a concurrent resolution that first Section 48-48-80 would have to be repealed.
The SPEAKER stated that he said that you had to pass a concurrent resolution which Section 48-48-80 said you had to do in order to extend the date.
Rep. HASKINS stated that the Ruling was though that Section G of Section 48-48-80 restricted the manner in which the legislature had to operate under Section 48-48-80 and this amendment would repeal that statute.
The SPEAKER stated that it still had to meet the test of germaneness.
Rep. HASKINS argued that it did meet the test because by repealing the statute the cut-off date would be eliminated and it increased the revenue under the radioactive surcharge under Section 128.
The SPEAKER stated it still had to be relative to the increased revenue.
Rep. HASKINS stated that this would increase it.
The SPEAKER stated if it cut the revenue then it might be related to the revenue there now.
Rep. HASKINS stated that on March 23, 1993 a Point was raised on fees and penalties for excess truck weights by Rep. Brown that it was not germane and the Speaker stated that the money did go in the General Fund. He further stated that on March 16, 1993 there was a Point of Order raised on a Bill that dealt with a state owned vehicle and Rep. McAbee raised the Point that it was not germane as it did not relate to a line item in the Bill and the Speaker ruled that the effect of the amendment did relate to revenue because it called for direct reimbursement from the employees and would have an impact and was found germane.
The SPEAKER stated that he consistently ruled that amendments in Part II had to directly relate to a line item in Part I and if they did not add the money to increase that line item in Part I prior to the time the House got to Part II, then the amendment would not meet the test of germaneness and he sustained the Point of Order and ruled the amendment out of order.
Reps. HASKINS and FELDER proposed the following Amendment No. 377 (Doc Name L:\council\legis\amend\DKA\3330DW.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO RAISE REVENUE TO FUND PART I APPROPRIATIONS BY AMENDING SECTION 48-48-80(G), RELATING TO THE REQUIREMENT FOR THE GENERAL ASSEMBLY TO AUTHORIZE THE ACCEPTANCE OF LOW-LEVEL RADIOACTIVE WASTE FROM OUTSIDE THE SOUTHEAST LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT REGION AT THE BARNWELL FACILITY BEGINNING JULY 1, 1994, SO AS TO CHANGE THE DATE TO JUNE 30, 1995; TO REQUIRE THAT ANY REVENUE GENERATED FROM THE AMENDMENT OF SECTION 48-48-80(G) MUST BE CREDITED TO THE GENERAL FUND AND USED FOR THE PURPOSE OF FUNDING PART I APPROPRIATIONS; AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND SUBMIT A REPORT TO THE EFFECT OF THE AMENDMENT.
A. In order to increase general fund revenue to fund appropriations in Part I of this act, the General Assembly finds it necessary to raise revenue by amending Section 48-48-80(G).
B. Section 48-48-80(G) of the 1976 Code, as last amended by Section 70D, Part II, Act 501 of 1992, is further amended to read:
"(G) Beginning July 1, 1994 June 30, 1995, in addition to the requirement set forth in Section 48-47-70(9) for an affirmative vote of both representatives from the State of South Carolina to the Southeast Low-Level Radioactive Waste Management Compact Commission to accept the importation of waste from outside the southeast region, the General Assembly, by a concurrent resolution, must authorize the facility at Barnwell to accept the importation of waste generated outside the region before such waste may be disposed at the Barnwell facility."
C. All revenue generated from the amendment of Section 48-48-80(G) must be credited to the general fund and used for the purpose of funding appropriations from the general fund as contained in Part I of this act.
D. From the funds appropriated to the Department of Health and Environmental Control for environmental quality control, the Department of Health and Environmental Control must prepare a report on the effect of the amendment of Section 48-48-80(G) and must submit the report to the General Assembly no later than June 30, 1995.
E. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. WAITES raised the Point of Order that Amendment No. 377 was out of order in compliance with Act 501, Part II, Section 70, Section G.
Rep. HASKINS argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. BARBER proposed the following Amendment No. 378 (Doc Name L:\council\legis\amend\JIC\5785HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-32 AND 5-7-315 SO AS TO AUTHORIZE COUNTIES AND MUNICIPALITIES IN A COUNTY WITH A POPULATION OF 295,000 BUT FEWER THAN 320,000 TO IMPOSE A BUSINESS LICENSE TAX ON A NONPROFIT, CHARITABLE, OR ELEEMOSYNARY CORPORATION ON GROSS INCOME DERIVED FROM MEDICAL SERVICES PROVIDED FOR THE CORPORATION BY A LICENSED PROFESSIONAL IN LIEU OF A BUSINESS TAX IMPOSED ON THE INDIVIDUAL, AND TO PROVIDE FOR THE USE OF FUNDS APPROPRIATED TO THE PROPERTY TAX DIVISION OF THE DEPARTMENT OF REVENUE AND TAXATION TO ENSURE THAT THE APPROPRIATE REVENUES ARE REMITTED TO THE COUNTIES AND MUNICIPALITIES.
A. The 1976 Code is amended by adding:
"Section 4-9-32. Notwithstanding the provisions of Section 4-9-30(12), a business license tax may be imposed by a county with a population of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the county, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of a county business license tax imposed on the income of the individual rendering the services. An amount equal to one thousand dollars appropriated to the Property Division of the Department of Revenue and Taxation on line 22, page 447, Section 64, Part IA of the general appropriations act for fiscal year 1994-95 must be used by the department to ensure that the appropriate revenues are remitted to the County."
B. The 1976 Code is amended by adding:
"Section 5-7-315. A business license tax may be imposed by a municipality in a county of 295,000 but fewer than 320,000 according to the 1990 census on a nonprofit, charitable, or eleemosynary corporation which retains professional services of a person required to be licensed by a state or federal agency, board, or department to provide medical services. If this tax is imposed, it must be imposed on the gross income derived from the services rendered in the municipality, either directly or indirectly related to services provided by the licensed individual, and it must be in lieu of the municipal business license tax imposed on the income of the individual rendering the services. An amount equal to one thousand dollars appropriated to the Property Division of the Department of Revenue and Taxation on line 22, page 447, Section 64, Part IA of the general appropriations act for fiscal year 1994-95 must be used by the department to ensure that the appropriate revenues are remitted to the Municipality."
C. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. BARBER explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 378 was out of order was it was not germane.
The SPEAKER overruled the Point of Order.
Rep. BARBER continued speaking.
Rep. WHIPPER moved to table the amendment, which was agreed to by a division vote of 47 to 5.
Reps. HASKINS, GOVAN and McLEOD proposed the following Amendment No. 379 (Doc Name L:\council\legis\amend\N05\7727AC.94), which was adopted.
Amend amendment number 347 sponsored by Representative Martin bearing doc no. DKA\3318AC.94, as and if amended, by deleting subsection A of the unnumbered Section and inserting:
/A. The 1976 Code is amended by adding:
"Section 61-9-175. (A) A person who purchases a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a permanent retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by the department in regulation and:
(1) the applicant currently holds a valid beer or beer and wine permit; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a permanent retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer than one hundred and twenty days.
(C) Notwithstanding subsection (B) the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining the permanent retail beer or beer and wine permit in a timely manner, as set forth by the department in regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit sought. The funds generated by this fee must be deposited in the general fund of the State."/
Renumber sections & amend totals/title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Beatty Farr Haskins Jaskwhich Marchbanks McElveen Richardson Riser Robinson Rudnick Smith, D. Snow Trotter Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, H. Brown, J. Byrd Cato Chamblee Cobb-Hunter Cooper Cromer Davenport Delleney Fair Gamble Gonzales Govan Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Harwell Hines Hodges Holt Houck Huff Hutson Inabinett Jennings Keegan Kennedy Kinon Kirsh Klauber Law Littlejohn Martin Mattos McAbee McCraw McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rogers Scott Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Thomas Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Worley Wright Young, A.
So, the House refused to adjourn.
Reps. KELLEY, SHARPE, WITHERSPOON, WRIGHT, RISER, KEEGAN, CLYBORNE, MEACHAM and THOMAS proposed the following Amendment No. 380 (Doc Name L:\council\legis\amend\JIC\5786HTC.94), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-80 SO AS TO REQUIRE A COUNTY OR MUNICIPALITY WHICH IMPOSES A TAX OR FEE NOT AUTHORIZED BY GENERAL LAW ON A TRANSACTION WHICH IS SUBJECT TO A STATE IMPOSED TAX OR FEE TO REMIT THE REVENUES TO THE STATE TREASURER FOR DEPOSIT TO THE CREDIT OF THE GENERAL FUND OF THE STATE AND TO SET ASIDE FUNDS APPROPRIATED TO THE STATE TREASURER TO PROVIDE PROCEDURES TO COLLECT THE REVENUES.
A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-80. From the funds appropriated to the State Treasurer for 'other operating expenses' on line 35, page 47, Section 10, Part IA of the general appropriations act for fiscal year 1994-95, the State Treasurer shall use five hundred dollars to develop procedures to collect and shall proceed to collect from a county or municipality any revenues raised from a county or municipal tax or fee on any transaction subject to a state imposed tax or fee including, but not limited to, sales of real property; retail sales; beer, wine, and alcoholic beverage licensing and permitting; and furnishing accommodations. The county or municipality shall pay over the revenues in the manner provided by the State Treasurer. The county tax or fee revenues collected by the State Treasurer must be deposited to the credit of the general fund of the State."
B. This section takes effect July 1, 1994./
Renumber sections & amend totals/title to conform.
Rep. KELLEY explained the amendment.
Rep. RUDNICK raised the Point of Order that Amendment No. 380 was out of order as it was not germane.
The SPEAKER overruled the Point of Order.
Rep. BOAN moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 267, by Rep. QUINN.
Rep. QUINN explained the amendment.
Rep. RUDNICK moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Cobb-Hunter Farr Felder Gamble Govan Keegan McElveen Rudnick Stuart
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Baker Barber Baxley Breeland Brown, G. Brown, J. Byrd Cato Chamblee Cooper Cromer Davenport Delleney Fair Gonzales Graham Harrell Harris, J. Harrison Harvin Haskins Hodges Holt Hutson Inabinett Jaskwhich Jennings Kelley Kinon Kirsh Klauber Koon Littlejohn Marchbanks McCraw McKay McLeod McMahand Meacham Neal Phillips Quinn Rhoad Riser Robinson Scott Sheheen Shissias Simrill Smith, R. Snow Spearman Stille Stone Sturkie Thomas Trotter Vaughn Waites Waldrop Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. STILLE proposed the following Amendment No. 321 (Doc Name L:\council\legis\amend\JIC\5740HTC.94), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION, appropriately numbered, to read:
TO AMEND SECTION 9-11-525 OF THE 1976 CODE, RELATING TO INCREASES IN MONTHLY BENEFITS PAID PURSUANT TO THE POLICE INSURANCE AND ANNUITY FUND, SO AS TO INCREASE THESE BENEFITS BY FIFTY DOLLARS A MONTH EFFECTIVE JULY 1, 1994. PAGE 114, LINE 16, COLUMNS 5 AND 6.
Section 9-11-525 of the 1976 Code, as added by Act 658 of 1988, is amended to read:
"Section 9-11-525. Beneficiaries receiving benefits under the Police Insurance and Annuity Fund shall receive a fifty dollar a month increase in their monthly benefits effective July 1, 1988 1994."/
Renumber sections & amend totals/title to conform.
Rep. STILLE explained the amendment.
Rep. BOAN raised the Point of Order that Amendment No. 321 was out of order as it was not germane.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
The motion of Rep. BOAN to reconsider the vote whereby Section 3A was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to by a division vote of 46 to 39.
The motion of Rep. BOAN to reconsider the vote whereby Section 3B was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider.
Rep. SCOTT demanded the yeas and nays, which were not ordered.
The motion to reconsider was tabled by a division vote of 54 to 29.
The motion of Rep. BOAN to reconsider the vote whereby Section 11 was adopted was taken up and agreed to.
Rep. GAMBLE proposed the following Amendment No. 199 (Doc Name L:\h-wm\legis\amend\VC.027), which was adopted.
Amend the bill, as and if amended, Part IA, Section 11, AG, Page 49, Line 5, opposite /Classified Positions/ by increasing the amounts in columns (5) and (6) by /206,242/
Renumber sections & amend totals/title to conform.
Section 11 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 17E was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 17S was adopted was taken up and rejected.
The motion of Rep. BOAN to reconsider the vote whereby Section 18J was adopted was taken up.
Rep. WHITE moved to table the motion to reconsider.
Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, J. Baker Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Cobb-Hunter Delleney Fair Farr Felder Govan Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Inabinett Jaskwhich Keegan Kennedy Keyserling Kinon Law Marchbanks Mattos McAbee McCraw McElveen McLeod McMahand McTeer Neal Neilson Phillips Rhoad Richardson Rogers Rudnick Scott Sheheen Snow Spearman Stille Stuart Trotter Waites Waldrop Whipper White Wilder, J. Williams Worley
Those who voted in the negative are:
Allison Bailey, G. Brown, H. Cato Chamblee Clyborne Cooper Cromer Davenport Gamble Gonzales Harrison Haskins Hutson Kelley Kirsh Klauber Koon Littlejohn McKay Meacham Quinn Riser Shissias Simrill Smith, D. Smith, R. Stoddard Stone Sturkie Thomas Vaughn Walker Wells Wilder, D. Witherspoon Wofford Wright Young, A.
So, the motion to reconsider was tabled.
The motion of Rep. BOAN to reconsider the vote whereby Section 33 was adopted was taken up and rejected.
The motion of Rep. BOAN to reconsider the vote whereby Section 34 was adopted was taken up and agreed to.
Rep. QUINN proposed the following Amendment No. 284 (Doc Name L:\h-wm\legis\amend\CJ.055), which was adopted.
Amend the bill, as and if amended, Part IA, Section 34, DPS, Page 320, Line 22, opposite /Classified Pos/ by decreasing the amounts in columns (5) and (6) by /$700,000/
Amend further, Page 320, Line 23, by decreasing the number of FTEs in columns (5) and (6) by /30/
Amend further, Page 320, Line 26, opposite /Other Operating/ by decreasing the amounts in columns (5) and (6) by /$700,000/
Renumber sections & amend totals/title to conform.
Section 34 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 35 was adopted was taken up and agreed to.
Rep. GAMBLE proposed the following Amendment No. 198 (Doc Name L:\h-wm\legis\amend\VC.029), which was adopted.
Amend the bill, as and if amended, Part IA, Section 35, DSS, Page 329, Line 5, opposite /Classified Positions/ by decreasing the amount in columns (5) and (6) by /206,242/
Renumber sections & amend totals/title to conform.
Section 35 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 49 was adopted was taken up and agreed to.
Rep. ASKINS proposed the following Amendment No. 306 (Doc Name L:\h-wm\legis\amend\DC.065), which was adopted.
Amend the bill, as and if amended, Part IA, Section 49, PRT, Page 0404, by inserting a new line entitled /Ron McNair Memorial/ and inserting in columns (5) and (6) /$50,000/
Renumber sections & amend totals/title to conform.
Section 49 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 54 was adopted was taken up and agreed to.
Reps. HOLT and J. BAILEY proposed the following Amendment No. 224 (Doc Name L:\h-wm\legis\amend\VC.033), which was adopted.
Amend the bill, as and if amended, Part IA, Section 54, Old Exchange Building, Page 415, Line 4, opposite /Other Operating Expenses/ by increasing the amount in column (5) by /$112,944/
Renumber sections & amend totals/title to conform.
The amendment was then adopted by a division vote of 60 to 20.
The motion of Rep. HALLMAN to reconsider the vote whereby Amendment No. 55 was tabled was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to.
Section 54 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 69A was adopted was taken up and agreed to.
Reps. G. BROWN and BAXLEY proposed the following Amendment No. 320 (Doc Name L:\h-wm\legis\amend\DC.051), which was adopted.
Amend the bill, as and if amended, Part IA, Section 69A, Aid to Subdivisions - CG, Page 0490, After Line 33, by inserting a new line entitled /Lee County Memorial Hospital/ and inserting in column (5) /$286,000/
Renumber sections & amend totals/title to conform.
Section 69A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 128 was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 3 was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, J. Byrd Cato Cobb-Hunter Cromer Delleney Felder Gonzales Govan Graham Harrell Harrelson Harris, J. Harris, P. Harrison Harvin Hines Hodges Holt Houck Inabinett Jaskwhich Jennings Keegan Kennedy Keyserling Klauber Koon Law Marchbanks Mattos McAbee McCraw McElveen McKay McTeer Moody-Lawrence Neal Phillips Quinn Richardson Riser Rogers Scott Sharpe Sheheen Shissias Snow Spearman Stoddard Stuart Sturkie Thomas Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Worley Wright
Those who voted in the negative are:
Allison Anderson Baker Beatty Brown, G. Brown, H. Chamblee Clyborne Davenport Fair Huff Hutson Kirsh Littlejohn McMahand Meacham Neilson Robinson Simrill Smith, R. Stille Stone Trotter Vaughn Walker Wells Wofford Young, A.
So, the motion to reconsider was tabled.
The motion of Rep. BOAN to reconsider the vote whereby Section 6DD was adopted was taken up and agreed to by a division vote of 61 to 15.
Reps. HODGES, FARR and MARTIN proposed the following Amendment No. 143 (Doc Name L:\h-wm\legis\amend\HOD.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 515, Paragraph 10, Line 42, by striking /$15/ and inserting /$25/
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was not agreed to by a division vote of 37 to 55.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. BAXLEY proposed the following Amendment No. 118 (Doc Name L:\h-wm\legis\amend\DH.024), which was adopted.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 516, Paragraph 18, Line 42 by striking it in its entirety and inserting /The State Law Enforcement Division is hereby authorized to charge a witness fee of $100.00 per hour up to $400.00 per day for each criminalist testifying in civil matters which do not involve the State as a part in interest. This fee shall be charged in addition to any court prescribed payment due as compensation or reimbursement for judicial appearances and deposited into a designated revenue account./
Renumber sections & amend totals/title to conform.
Rep. BAXLEY explained the amendment.
Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 12 to 82.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. HODGES, FARR and MARTIN proposed the following Amendment No. 141 (Doc Name L:\h-wm\legis\amend\HOD.002), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 6DD, SLED, Page 519, Line 4, by adding an appropriately numbered paragraph to read /(SLED - Temporary Security Fee) The State Law Enforcement Division is hereby authorized to charge, collect, retain and carry forward a license and registration fee, not to exceed $20.00, for a temporary private security license. The funds generated shall be used for agency operations./
Renumber sections & amend totals/title to conform.
Rep. HODGES explained the amendment.
Rep. ROBINSON raised the Point of Order that Amendment No. 141 was out of order as it was not germane.
Rep. HODGES argued contra the Point in stating that it did relate to a line item.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Section 6DD as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 14 was adopted was taken up and agreed to.
Rep. HODGES proposed the following Amendment No. 226 (Doc Name L:\h-wm\legis\amend\DH.028), which was adopted.
Amend the bill, as and if amended, Part IB, Section 14, Indigent Defense, Page 521, Paragraph 1, Line 18, by striking paragraph 1 in its entirety and inserting /1. The amount appropriated in this section for "Defense of Indigents" shall be apportioned among counties in accord with Section 17-3-10, 1976 Code, but on a per capita basis and based upon the official United States Census for 1990. The level of contribution of each county as of July 1, 1992, must be maintained. No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992. Within the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the expenses of the operation of the Commission of Indigent Defense. The State also shall set aside $1,000,000 annually to pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund). Of the funds generated from the surcharge imposed pursuant to Section 14-1-213 and the application fee provided in Section 17-3-30(B), on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 30% must be deposited into the Conflict Fund until each of these funds has received the required level of deposit, and remaining funds each month must be apportioned among the counties pursuant to Section 17-3-10. When either the Death Penalty Trial Fund or the Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until it is completely funded. Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue collected pursuant to Section 14-1-213 and Section 17-3-30(B) must be apportioned among the counties. At the end of each fiscal year, any funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B). At the end of each fiscal year any leftover funds shall carryover to the next fiscal year. All applications for the payment of fees and expenses in capital cases shall be applied for from the Death Penalty Trial Fund which shall be administered by the Commission on Indigent Defense. All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense. If all funds in either the Death Penalty Trial Fund or the Conflict Fund are exhausted before the end of the fiscal year, any outstanding awards of attorney fees or expenses shall be the obligation of the county.
For the current fiscal year, Section 16-3-26 of the 1976 Code of Laws is amended to read:
"Section 16-3-26. (A) Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff. In all cases where no conflict exists, the public defender or member of his staff shall be appointed if qualified. If a conflict exists, the court shall then turn first to the contract public defender attorneys, if qualified, before turning to the Office of Indigent Defense.
Notwithstanding any other provision of law, the court shall order payment of all fees and costs from funds available to the Office of Indigent Defense for the defense of indigents. Any attorney appointed shall be compensated at a rate not to exceed fifty dollars per hour for time expended out of court and seventy-five dollars per hour for time expended in court. Compensation shall not exceed twenty-five thousand dollars and shall be paid from funds available to the Office of Indigent Defense for the defense of indigents represented by court-appointed, private counsel.
(C) (1) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from funds available to the Office of Indigent Defense, of fees and expenses not to exceed twenty thousand dollars as the court shall deem appropriate. Payment of such fees and expenses may be ordered in cases where the defendant is an indigent represented by either court-appointed, private counsel or the public defender.
(2) Provided upon exhaustion of the funds provided through the Office of Indigent Defense, any outstanding awards of attorney fees or expenses shall be the obligation of the county.
(D) Payment in excess of the hourly rates and limit in subsection (B) or (C) is authorized only if the court certifies, in a written order with specific findings of fact, that payment in excess of the rates is necessary to provide compensation adequate to ensure effective assistance of counsel and payment in excess of the limit is appropriate because the services provided were reasonably and necessarily incurred. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.
(E) After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant.
(F) The Supreme Court shall promulgate guidelines on the expertise and qualifications necessary for attorneys to be certified as competent to handle death penalty cases.
(G) The Office of Indigent Defense shall maintain a list of death penalty qualified attorneys who have applied for and received certification by the Supreme Court as provided for herein. In the event the court appointed counsel notifies the chief administrative judge in writing that he or she does not wish to provide representation in a death penalty case, the chief administrative judge shall advise the Office of Indigent Defense which shall forward a name or names to the chief administrative judge for consideration. The appointment power is vested in the chief administrative judge. The Office of Indigent Defense shall establish guidelines as are necessary to ensure that attorneys' names are presented to the judges on a fair and equitable basis taking into account geography and previous assignments from the list. Efforts shall be made to present an attorney from the area or region where the action is initiated. (H) The payment schedule set forth herein, as amended by Act 164 of 1993, shall apply to any case for which trial occurs on or after July 1, 1993."
For the current fiscal year, Section 17-3-30 of the 1976 Code of Laws is amended to read:
"Section 17-3-30. (A) A person to whom counsel has been provided shall execute an affidavit that he is financially unable to employ counsel and that affidavit shall set forth all his assets. If it appears that the person has some assets but they are insufficient to employ private counsel, the court, in its discretion, may order the person to pay these assets to the defender corporation of the county or counties wherein he is being represented or, if a defender corporation does not exist therein, to the judicial department of the State of South Carolina.
(B) A twenty-five dollar application fee for public defender services must be collected from every person who executes an affidavit that he is financially unable to employ counsel. The person may apply to the clerk of court or other appropriate official for a waiver or reduction in the application fee. If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced. The clerk of court or other appropriate official shall collect the application fee imposed by this section and remit the proceeds to the state fund on a monthly basis. The monies must be deposited in an interest-bearing account separate from the general fund and used only to provide for indigent defense services. The monies shall be administered by the Office of Indigent Defense.
(C) Sufficient funds shall be set aside from allocations provided for the defense of indigents to provide for adequate screening of applications for indigent assistance to ensure the applicant is qualified."
For the current fiscal year, Section 17-3-330 of the Code of Laws of 1976 is amended to read:
Section 17-3-330. (A) The Office of Indigent Defense shall:
(1) serve as the entity which distributes all funds appropriated by the General Assembly for the defense of indigents, including funds allocated to counties pursuant to formula, funds for the defense of capital cases, funds for attorney fees and expenses in non-capital cases, and other funds appropriated for these purposes;
(2) perform those functions provided under Section 16-3-26(G);
(3) serve as a resource for the compilation of accurate statistical data covering the indigent defense system in this State;
(4) implement other duties the commission may direct; and
(5) report annually to the General Assembly on the indigent defense system.
(B) On or about June 30, 1994 and every year thereafter on that date, if the Office of Indigent Defense determines, after taking into consideration all outstanding obligations against the fund for payment of attorney fees and expenses in non-capital cases, that unexpended funds remain, these funds shall be rolled over into the fund for payment of attorney fees and expenses in capital cases; provided however this shall occur only in the event the funds in the capital fund have been exhausted at that time. This fund shall at no time exceed $2.75 million dollars. "
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Section 14 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 17E was adopted was taken up and agreed to.
Reps. ROBINSON and RUDNICK proposed the following Amendment No. 137 (Doc Name L:\h-wm\legis\amend\DC.025), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17E, B&CB Div. of Operations, Page 529, Line 40, by adding an appropriately numbered paragraph to read /To the extent that such products are available, state agencies and institutions shall purchase American-made products./
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Section 17E as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 17G was adopted was taken up.
Rep. BOAN moved to table the motion to reconsider, which was agreed to by a division vote of 54 to 33.
The motion of Rep. BOAN to reconsider the vote whereby Section 17P was adopted was taken up and agreed to.
Reps. TUCKER, D. SMITH, ROGERS, HODGES, McABEE and ROBINSON proposed the following Amendment No. 131 (Doc Name L:\h-wm\legis\amend\FR.016), which was adopted.
Amend the bill, as and if amended Part IB, Section 17P, State Auditor, new paragraph, page 537, Line 40, by adding an appropriately numbered paragraph in the right column to read /The State Auditor and the State Chief Economist shall jointly contract for an independent study regarding the sales tax exemptions including those items subject to a maximum tax. This study shall report whether or not these items are meaningful exemptions that provide for a positive economic impact on the state, fair and competitive, but not excessive economic incentives for businesses competing in a global economy. This report may include other issues such as equity between businesses or individuals or other economic concerns as identified by the State Auditor or Chief Economist. Funding for this study shall not exceed $100,000 and shall be provided for by a transfer from the operating expenses of the State Reorganization Commission for the current fiscal year. The study shall be presented to the General Assembly by January 15, 1995./
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Rep. P. HARRIS explained the amendment.
The amendment was then adopted.
Section 17P as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 18A was adopted was taken up and agreed to.
Rep. McTEER proposed the following Amendment No. 345 (Doc Name L:\h-wm\legis\amend\CJ.039), which was adopted.
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, Page 540, Paragraph 16, Lines 35-41, by striking the paragraph in its entirety.
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Section 18A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. MEACHAM moved to table the motion to reconsider, which was agreed to.
The motion of Rep. BOAN to reconsider the vote whereby Section 19A was adopted was taken up and agreed to.
Reps. NEILSON, HINES, McTEER, HARWELL, ASKINS, JENNINGS, HOUCK, G. BROWN, McMAHAND and BAXLEY proposed the following Amendment No. 333 (Doc Name L:\h-wm\legis\amend\TR.SS), which was adopted.
Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, Page 559, paragraph 41, (EIA Student Loan), Line 41, by adding the following /From these funds, priority shall be given to fund up to $5,000 for minority students from each school district or $5,000 times the number of districts in each consortium of school districts for districts which participate in a consortium./
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Rep. McTEER explained the amendment.
The amendment was then adopted.
The motion of Rep. SPEARMAN to reconsider the vote whereby Amendment No. 258 was tabled was taken up.
Rep. McTEER moved to table the motion to reconsider, which was agreed to.
Section 19A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 26 was adopted was taken up.
Rep. GONZALES moved to table the motion to reconsider, which was rejected by a division vote of 22 to 59.
The question then recurred to the motion to reconsider the section, which was agreed to.
The motion of Rep. JASKWHICH to reconsider the vote whereby Amendment No. 93 was adopted was taken up and agreed to.
Rep. J. HARRIS moved to table the amendment, which was agreed to.
Section 26 was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 49 was adopted was taken up.
Rep. McABEE moved to table the motion to reconsider, which was rejected.
The question then recurred to the motion to reconsider, which was agreed to.
Rep. J. BROWN proposed the following Amendment No. 314 (Doc Name L:\h-wm\legis\amend\DH.071), which was adopted.
Amend the bill, as and if amended, Part IB, Section 49, PRT, Page 587, by adding an appropriately numbered paragraph to read: /Of the funds authorized in this section $50,000 shall be used for the US Youth Games./
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Rep. McABEE spoke against the amendment.
Rep. J. BROWN spoke in favor of the amendment.
The amendment was then adopted by a division vote of 67 to 20.
Section 49 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 68 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 308 (Doc Name L:\h-wm\legis\amend\DH.070), which was adopted.
Amend the bill, as and if amended, Part IB, Section 68, Debt Service, Page 594, Paragraph 8, by striking it in its entirety and inserting: /The General Assembly has determined that the State House is in urgent need of repair and renovation and hereby authorizes the State Budget and Control Board of South Carolina to issue not more than fifteen million dollars ($15,000,000) of general obligation debt of the State, in the form of a promissory note. The proceeds of the promissory note issued by the Board must be applied to the State House capital repairs and renovations and the costs of issuing the note. Such general obligation debt shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than one year from the date of the issue; and provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt./
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Section 68 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 69A was adopted was taken up and agreed to.
Reps. G. BROWN and BAXLEY proposed the following Amendment No. 319 (Doc Name L:\h-wm\legis\amend\DC.060), which was adopted.
Amend the bill, as and if amended, Part IB, Section 69A, Aid to Sub-CG, Page 595, Line 19, by adding an appropriately numbered paragraph to read /There is hereby imposed a $1 fee in addition to the current contract price, on each ton of solid waste disposed at the Mid-American Waste System facility. Revenue from this fee shall be allocated to Lee County Memorial Hospital. The fee is eliminated in the event the hospital closes./
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Section 69A as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 70 was adopted was taken up and agreed to.
Rep. BOAN proposed the following Amendment No. 371 (Doc Name L:\h-wm\legis\amend\CJ.075), which was adopted.
Amend the bill, as and if amended, Part IB, Section 70, Dept. of Transportation, Page 596, Paragraph 4, Line 39, Left Column, by striking /9,805,066/ and inserting /8,835,066/
Amend further, Page 596, Line 1, right column, by striking /9,805,066/ and inserting /8,835,066/
Amend further, Page 596, Line 3, right column, by striking /14,684,289/ and inserting /13,714,289/
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Section 70 as amended was adopted.
The motion of Rep. BOAN to reconsider the vote whereby Section 129 was adopted was taken up and rejected.
The motion of Rep. BOAN to reconsider the vote whereby Section 7 was adopted was taken up and rejected.
Rep. GRAHAM proposed the following Amendment No. 382 (Doc Name L:\council\legis\amend\DKA\3333SD.94), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:
TO SPECIFY THE NONRECURRING PURPOSES FOR WHICH THE APPROPRIATION TO THE CAPITAL RESERVE FUND AS CONTAINED IN PART I OF THIS ACT MAY BE EXPENDED FOR FISCAL YEAR 1994-95 ONLY, AND TO PROVIDE THAT THE TWO-THIRDS VOTE REQUIREMENT PERTAINING TO APPROPRIATIONS FROM THE CAPITAL RESERVE FUND ALSO APPLY TO APPROPRIATIONS OF NONRECURRING REVENUES FOR A RECURRING PURPOSE.
The appropriation for the Capital Reserve Fund as contained on line 6, page 116, Section 17T of Part I may be expended for a nonrecurring purpose in the manner provided in Article III, Section 36, of the Constitution. However, for fiscal year 1994-95, the only permitted nonrecurring purpose for which capital reserve funds may be expended in addition to those specifically specified in Article III, Section 36 is for the settlement of the federal retiree litigation. The two-thirds vote requirement in Article III, Section 36(B)(2) also applies to the appropriation of nonrecurring revenues for a recurring purpose. If such a nonrecurring appropriation receives a two-thirds vote as required by this section, it also must include a statement identifying the source of the nonrecurring revenue./
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Rep. McTEER moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Breeland Brown, G. Brown, J. Byrd Chamblee Farr Felder Govan Harrelson Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jennings Kinon Mattos McAbee McLeod McMahand McTeer Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sheheen Waldrop Whipper White Worley
Those who voted in the negative are:
Alexander, T.C. Allison Bailey, J. Baker Barber Baxley Brown, H. Cato Clyborne Cooper Delleney Fair Gamble Gonzales Graham Harrell Harrison Harvin Harwell Haskins Huff Hutson Keegan Kelley Keyserling Kirsh Klauber Koon Law Littlejohn Marchbanks McElveen Meacham Moody-Lawrence Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Vaughn Waites Walker Wells Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Wright Young, A.
So, the House refused to table the amendment.
Rep. GRAHAM explained the amendment.
Rep. HARRELSON raised the Point of Order that Amendment No. 382 was out of order as it was not germane.
Rep. GRAHAM argued contra the Point.
The SPEAKER stated that the Capital Reserve Fund was earmarked in this Bill and this just put restrictions on it and he overruled the Point of Order.
Rep. GRAHAM continued speaking.
Reps. McTEER and BOAN spoke against the amendment.
Rep. BOAN moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Chamblee Cobb-Hunter Delleney Farr Felder Gamble Govan Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Holt Houck Hutson Inabinett Jennings Keyserling Kinon Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Rudnick Scott Sharpe Sheheen Spearman Stille Stoddard Stone Stuart Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Witherspoon Worley
Those who voted in the negative are:
Alexander, T.C. Allison Baker Barber Beatty Cato Clyborne Cooper Cromer Davenport Fair Gonzales Graham Harrell Harrison Haskins Huff Jaskwhich Keegan Kelley Kirsh Klauber Koon Law Littlejohn Marchbanks Meacham Quinn Richardson Riser Robinson Shissias Simrill Smith, D. Smith, R. Sturkie Thomas Trotter Vaughn Walker Wells Wilkins Wofford Wright Young, A.
So, the amendment was tabled.
Rep. HASKINS proposed the following Amendment No. 383 (Doc Name L:\h-wm\legis\amend\DC.084), which was ruled out of order.
Amend the bill, as and if amended, Part II, Section New, by /repealing Section 48-48-80 in its entirety./
Renumber sections & amend totals/title to conform.
Rep. HASKINS explained the amendment.
Rep. WAITES raised the Point of Order that Amendment No. 383 was out of order as it was not germane under Rule 5.3. She further stated that it was identical to a previous amendment ruled out of order.
Rep. HASKINS argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 127.
Section 127 was adopted.
Debate was resumed on Section 128.
Section 128 was adopted.
Rep. BOAN gave notice of offering amendments on third reading.
Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.
Rep. BOAN moved that when the House adjourns, it adjourn to meet at 12:00 Noon, in Statewide Session on Tuesday, March 15, which was agreed to.
The question then recurred to the passage of the Bill on second reading.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Cato Chamblee Cobb-Hunter Cromer Delleney Farr Felder Gamble Govan Harrell Harrelson Harris, J. Harris, P. Harvin Harwell Hines Hodges Houck Huff Inabinett Jennings Keegan Keyserling Kinon Law Marchbanks Martin Mattos McAbee McCraw McElveen McLeod McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Smith, R. Spearman Stille Stoddard Stone Stuart Trotter Waites Waldrop Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Worley Wright
Those who voted in the negative are:
Allison Baker Beatty Clyborne Davenport Fair Gonzales Harrison Haskins Hutson Kelley Kirsh Klauber Koon Littlejohn Meacham Quinn Shissias Simrill Sturkie Thomas Vaughn Walker Wofford Young, A.
So, the Bill, as amended, was read the second time and ordered to third reading.
Cooper (Present) Nay
Carnell (Absent) Aye
Graham (Present) Nay
Snow (Absent) Aye
D. Smith (Present) Nay
Lanford (Absent) Aye
I was out of the chamber at the time of the vote on the capital gains tax exemption. Had I been present I would have voted for the exemption.
Rep. RICHARD M. QUINN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18D-49
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. THOMAS C. ALEXANDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, IB & II, Section Number(s) 31
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES J. BAILEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 29
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 31 & 35
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 63
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 66
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 69B & 69A
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DELL BAKER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 187
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. MICHAEL BAXLEY
I have represented automobile dealers before the South Carolina Courts on the issue covered by this amendment. JMB
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 268
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. J. MICHAEL BAXLEY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and IB, Section Number(s) 57, 5, 11, 34, 66, 4A, 58, 55, 59, 35, 56, 64, 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DONALD W. BEATTY
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 29 and/or Amendment Number(s) All
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. WILLIAM D. BOAN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 70
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 57, 5, 11, 34, 66, 4A, 58, 55, 59, 35, 56
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 5, 30, 31, 32, 35, 42, 55, 56, 59, 60, 64, 65, 66, 67 and/or Amendment Number(s) any amendments Part IB and Part II
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). (as to 31 on Mental Health)
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
This statement applies to all votes in the Ways and Means Committee and the days of debate on the General Appropriation Bill, March 6, and each succeeding day until concluded March 11, 1994.
Rep. JOHN G. FELDER
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 3 and/or Amendment Number(s) 206
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I chose not to vote on this amendment, however I do not believe that a conflict exists as I am not in a tenured position in my employment at the University of South Carolina.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17 and/or Amendment Number(s) 1 The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17G and/or Amendment Number(s) 1 The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of U.S.C.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 18A,18K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). I am an employee of U.S.C.
Rep. MARGARET J. GAMBLE
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 4820 General Subject Matter: General Appropriation Bill, 1994
S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Comprehensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. C. ALEX HARVIN, III
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 55
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. THOMAS E. HUFF
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 56, 42, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUGLAS G. JENNINGS, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5 (ALJ)
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 56 and 70
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. MORGAN MARTIN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 5, 57, 11, 66, 4A, 58, 59, 56, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JOSEPH T. McELVEEN, JR.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 19
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DENNY W. NEILSON
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 56
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 3 and/or Amendment Number(s) 206
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17 and/or Amendment Number(s) 1
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17G and/or Amendment Number(s) 1
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 18A & 18K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. IRENE K. RUDNICK
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year, or for the next year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B). (Brother is Exec. Director)
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55, 56, 63, 66 and 59
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year, or for the next year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 64 and 70
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year, or for the next year.
Rep. ROBERT J. SHEHEEN
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 57, 5, 11, 34, 66, 4A, 58, 55, 59, 35, 56, and 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG SMITH
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 57, 5, 11, 34, 66, 4A, 58, 55, 59, 35, 56 and 42
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. PAULA H. THOMAS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17E and/or Amendment Number(s) 78
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 17E and/or Amendment Number(s) 161
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) Auctioneer's Commission
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) Accountancy Board
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) Film Division
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) Division of Aeronautics
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 17 and/or Amendment Number(s) 131
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 17P and 17K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 18
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 24
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 38
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 45
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 50
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 51
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 58
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 59
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 63
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 64
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 66
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part II, Section Number(s) 70
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Amendment Number(s) 187
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. TIMOTHY C. WILKES
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 5 and 55
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18N
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. DAVID H. WILKINS
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 42, 56 and 70
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS
Rep. BOAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4901 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.
At 1:13 A.M., Friday, March 11, the House in accordance with the motion of Rep. THOMAS adjourned in memory of Major Spencer Guerry of Georgetown County, to meet at 12:00 Noon, Tuesday, March 15, in Statewide Session.
This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.