Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, our Refuge and our Strength, make us strong in support of justice, compassionate where there is suffering, generous when there is need, honest and fair in all our dealings. Bestow in generous measure Your blessings upon all who labor in this place. Store in our minds a double portion of Your teachings, our hearts with Your understanding that we may be calm in crisis, strong under stress, triumphant in the storm, ever guided by the light of Your truth that never fails. Abide with us, strengthen our worthwhile efforts, sharpen our insights, reinforce our wise judgments.
May your goodness and mercy follow us all the days of our lives. 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. ANDERSON moved that when the House adjourns, it adjourn in memory of Charles B. Smith of Greenville, which was agreed to.
The following was received.
Columbia, S.C., April 9, 1996
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 991:
S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4802 -- Rep. Harrison: A BILL TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUDGES OR JUSTICES BEING ASSIGNED TO PRESIDE IN CERTAIN COURTS BY THE CHIEF JUSTICE, SO AS TO ADD FAMILY COURT JUDGES TO THE LIST OF JUDGES WHO MAY BE ASSIGNED, TO PROVIDE THAT ALL SUCH JUDGES AND JUSTICES MAY SERVE IN ANY COURT WITHIN THE UNIFIED JUDICIAL SYSTEM, AND TO REVISE THE ELIGIBILITY REQUIREMENTS APPLICABLE TO SUCH JUDGES OR JUSTICES IN ORDER FOR THEM TO BE SO ASSIGNED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4803 -- Reps. Harrison and Wilkins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 17, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REMOVAL OR RETIREMENT OF JUDGES, SO AS TO PERMIT THE SUPREME COURT TO REMOVE ANY JUDGE WITHIN THE UNIFIED JUDICIAL SYSTEM FROM OFFICE FOR MISCONDUCT, BREACH OF ANY ETHICAL OBLIGATION, HABITUAL INTEMPERANCE, OR PERSISTENT FAILURE TO PERFORM THE DUTIES OF THE OFFICE, AND ALSO TO PERMIT THE SUPREME COURT TO REMOVE OR RETIRE ANY JUDGE FROM OFFICE UPON A FINDING OF MENTAL OR PHYSICAL INCAPACITY RATHER THAN DISABILITY WHICH SERIOUSLY INTERFERES WITH THE PERFORMANCE OF HIS DUTIES WHICH IS OR IS LIKELY TO BECOME PERMANENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4805 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKER'S COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO PROVIDE THAT THESE APPEALS OR REVIEWS MUST BE TAKEN IN THE MANNER PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, AS AMENDED, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE, 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1084 -- Judiciary Committee: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, ALCOHOL, AND ALCOHOLIC LIQUORS, SO AS TO MAKE CERTAIN TECHNICAL CHANGES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1348 -- Senator McGill: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF JAMES MCBRIDE DABBS, A MOST OUTSTANDING AND DISTINGUISHED UNIVERSITY OF SOUTH CAROLINA ALUMNUS, WRITER, PHILOSOPHER, AND THEOLOGIAN, ON THE OCCASION OF A SPECIAL FORUM ENTITLED "JAMES MCBRIDE DABBS AND THE SOUTHERN HERITAGE: A CENTENNIAL SYMPOSIUM" TO BE HELD APRIL 10 - 12, 1996.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4890 -- Reps. Limehouse, Herdklotz, Jaskwhich, Fulmer, Robinson and Tripp: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INDIVIDUAL WHO MAY NOT BE LICENSED OR HAVE HIS LICENSE RENEWED, SO AS TO INCREASE THE MINIMUM AGE REQUIRED TO OBTAIN A MOTOR VEHICLE DRIVER'S LICENSE AND A SPECIAL RESTRICTED DRIVER'S LICENSE AND TO PROHIBIT ISSUANCE OR RENEWAL OF A DRIVER'S LICENSE OF AN INDIVIDUAL WHO HAS NOT SUCCESSFULLY COMPLETED A DRIVER'S EDUCATION COURSE; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO SPECIAL RESTRICTED DRIVER'S LICENSES FOR CERTAIN MINORS, SO AS TO PROVIDE THAT A SPECIAL RESTRICTED DRIVER'S LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OLD AND LESS THAN SEVENTEEN YEARS OLD.
Referred to Committee on Education and Public Works.
H. 4891 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-35 SO AS TO PROVIDE THAT IF ANY STATE AGENCY, DEPARTMENT, OR INSTITUTION OF HIGHER LEARNING DEVELOPS A PRODUCT OR SERVICE, IT MAY SELL THE PRODUCT OR SERVICE ONLY TO PUBLIC SECTOR RECIPIENTS UNLESS THE STATE BUDGET AND CONTROL BOARD AUTHORIZES THE AGENCY, DEPARTMENT, OR INSTITUTION TO MARKET THE PRODUCT OR SERVICE TO THE PRIVATE SECTOR BECAUSE THERE ARE NO OTHER PRIVATE SECTOR VENDORS WITHIN THIS STATE WHO SELL OR MARKET THE SAME OR A SUBSTANTIALLY SIMILAR PRODUCT OR SERVICE.
Referred to Committee on Ways and Means.
H. 4892 -- Rep. Davenport: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW A DEDUCTION OF THE AMOUNT OF GAIN RECOGNIZED ON A TAXPAYER'S FEDERAL INCOME TAX RETURN ATTRIBUTABLE TO THE SALE OF REAL PROPERTY USED IN THE TAXPAYER'S TRADE OR BUSINESS WHEN THE PROCEEDS ARE INVESTED WITHIN TWO YEARS IN REAL PROPERTY ON WHICH THE TAXPAYER'S TRADE OR BUSINESS IS CONTINUED, TO LIMIT THIS DEDUCTION TO SUCH GAIN NOT EXCEEDING FIVE HUNDRED THOUSAND DOLLARS, AND TO REQUIRE AMOUNTS DEDUCTED TO BE ADDED TO INCOME IN A SUBSEQUENT YEAR WHEN THE REINVESTED REQUIREMENTS ARE NOT MET.
Referred to Committee on Ways and Means.
H. 4893 -- Reps. Easterday, Herdklotz, Inabinett, Richardson, Cooper, Loftis, Gamble, Neilson, Spearman, Koon, Riser, Witherspoon and J. Hines: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-105 SO AS TO REQUIRE THE COURT TO ORDER A HUSBAND AND WIFE TO ATTEND COUNSELING BEFORE GRANTING A FINAL DECREE OF DIVORCE UNLESS THE COURT FINDS CIRCUMSTANCES JUSTIFYING AN EXCEPTION TO THIS REQUIREMENT.
Referred to Committee on Judiciary.
H. 4894 -- Reps. Neilson, J. Hines, R. Smith, Meacham, Clyburn and Neal: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF RESERVE POLICE OFFICERS AND THE MINIMUM LOGGED SERVICE TIME REQUIRED OF THESE OFFICERS, SO AS TO REDUCE THIS SERVICE TIME FROM TWENTY TO TEN HOURS A MONTH AND SIXTY TO THIRTY HOURS A QUARTER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4895 -- Reps. Keyserling, Richardson, McTeer and Lloyd: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS FOR THE BEAUFORT COUNTY BOARD OF DISABILITIES AND SPECIAL NEEDS, BEAUFORT COUNTY VETERAN'S AFFAIRS OFFICER, AND THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION TO THE GOVERNING BODY OF BEAUFORT COUNTY.
Rep. RICHARDSON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WHITE objected.
Referred to Beaufort Delegation.
H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4897 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RESIDENTIAL BUILDERS COMMISSION, RELATING TO QUALIFICATIONS FOR LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1908, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4898 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT, LAND APPLICATION OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1895, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4899 -- Reps. Walker, Allison, Lanford, Wells, Littlejohn and Lee: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO WEATHER CONDITIONS ARE 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.
On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4900 -- Rep. Howard: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, AS AMENDED, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
Referred to Committee on Judiciary.
H. 4901 -- Reps. Waldrop and Wilder: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES LEVIED FOR SCHOOL OPERATIONS, SO AS TO REQUIRE NINETY PERCENT OF THE REIMBURSEMENT OWED SCHOOL DISTRICTS TO BE PAID NO LATER THAN OCTOBER FIFTEENTH WITH THE BALANCE PAID NO LATER THAN THE SUCCEEDING MARCH FIRST.
Referred to Committee on Ways and Means.
H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.
Referred to Committee on Labor, Commerce and Industry.
S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Referred to Committee on Judiciary.
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH MENTOR PROGRAM AND A COMMUNITY MENTOR PROGRAM, AND TO PROVIDE THAT PARTICIPATION IN THE PROGRAM MAY BE REQUIRED AS A PRETRIAL DIVERSION OPTION BY A SOLICITOR OR AS AN OPTIONAL, ALTERNATIVE DISPOSITION OF A CASE BY A FAMILY COURT JUDGE; AND TO AMEND SECTION 20-7-1330, RELATING TO DISPOSITION OF CASES INVOLVING CHILDREN WITHIN THE JURISDICTION OF THE FAMILY COURT, SO AS TO ADD AS A DISPOSITIONAL POWER OF THE COURT THE POWER TO ORDER A CHILD TO PARTICIPATE IN A COMMUNITY MENTOR PROGRAM AS PROVIDED IN SECTION 20-7-1331.
Referred to Committee on Judiciary.
S. 1035 -- Senators McGill, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND SECTION 4-9-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT NO COUNTY MAY BE BOUND BY ANY GENERAL LAW REQUIRING IT TO SPEND FUNDS OR TAKE AN ACTION REQUIRING THE EXPENDITURE OF FUNDS UNLESS THE GENERAL ASSEMBLY HAS DETERMINED THAT THE LAW REQUIRING THE EXPENDITURE FULFILLS A STATE INTEREST AND THE LAW REQUIRING THE EXPENDITURE IS APPROVED BY TWO-THIRDS OF THE MEMBERS VOTING IN EACH HOUSE OF THE GENERAL ASSEMBLY, SO AS TO DELETE THE GENERAL AND SPECIAL APPROPRIATIONS ACTS FROM THE EXEMPTIONS IN THIS SECTION.
Referred to Committee on Judiciary.
S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
Referred to Committee on Judiciary.
S. 1114 -- Senator Greg Smith: A BILL TO AMEND SECTION 30-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD GEORGETOWN COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.
Referred to Committee on Judiciary.
S. 1327 -- Senators Holland, McGill and Giese: A BILL TO AMEND SECTION 22-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR SHALL NOT REAPPOINT A CURRENT MAGISTRATE WHO FAILED TO MEET THE TRAINING OR CERTIFICATION REQUIREMENTS TO A NEW TERM OR TO FILL A VACANCY IN AN EXISTING TERM.
Referred to Committee on Judiciary.
The following was introduced:
H. 4903 -- Rep. McMahand: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN EDUCATION AND COMMUNITY SERVICE OF MRS. DAISY B. ALEXANDER OF CAMDEN IN KERSHAW COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Elliott Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Herdklotz Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 10.
Timothy F. Rogers Alma W. Byrd Rudolph M. Mason Richard M. Quinn, Jr. John W. Riser John G. Felder G. Ralph Davenport, Jr. J. Michael Baxley Jerry N. Govan, Jr. C. Alex Harvin III Jesse E. Hines Jean L. Harris Herbert Kirsh
LEAVES OF ABSENCE
The SPEAKER granted Reps. J. HARRIS, BAXLEY, NEILSON and J. HINES a temporary leave of absence.
The SPEAKER granted Rep. HASKINS a leave of absence for the day.
Rep. SEITHEL signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Thursday, March 28.
Announcement was made that Dr. Robert Cain of Charleston is the Doctor of the Day for the General Assembly.
Rep. WALKER moved to adjourn debate upon the following Joint Resolution until Tuesday, April 16, which was adopted.
S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE 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.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
H. 4811 -- Reps. Canty, Anderson, Cromer, S. Whipper, Breeland, Cobb-Hunter, Neal, Rogers, Cave, McMahand, L. Whipper, Lloyd, Inabinett, J. Hines, Byrd, Scott and Williams: A JOINT RESOLUTION TO CREATE THE COMMITTEE FOR IMPROVED RACE RELATIONS, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND SPECIFICALLY TO REQUIRE THE COMMITTEE TO SUBMIT TO THE GENERAL ASSEMBLY BY MAY 13, 1996, RECOMMENDATIONS TO ALLEVIATE RACIAL PROBLEMS AND TENSIONS IN SOUTH CAROLINA AT WHICH TIME THE COMMITTEE IS DISSOLVED.
The following Bill was taken up.
H. 4520 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5758HTC.96), which was adopted.
Amend the bill, as and if amended, by striking Section 8-17-345, as contained in SECTION 1, beginning on page 1, and inserting:
/Section 8-17-345. The State Human Resources Director shall forward to a mediator-arbitrator all appeals which meet jurisdictional requirements and relate to the appeal of the following adverse employment actions: lack of promotional consideration and punitive reclassifications when the State Human Resources Director determines there is a material issue of fact regarding these issues, suspensions for ten days or fewer, and involuntary reassignments. In these cases, the arbitration decision is final. The provisions of the State Administrative Procedures Act do not apply to the mediation-arbitration proceedings.
The mediator-arbitrator must be assigned by the State Human Resources Director and shall serve as an impartial third party to hold conferences to mediate the appeal and, if the appeal is not mediated, determine whether the covered employee substantiates that the agency's decision was not reasonable. The mediator-arbitrator shall review the documents which have been submitted by each party and shall schedule a time to meet with both parties, jointly or independently. Failure of the covered employee or the employee's representative to attend a conference without reasonable justification constitutes a waiver of the employee's rights to pursue the appeal further. The State Human Resources Director shall determine whether or not reasonable justification exists based on documents submitted by the parties.
The conferences with the parties are confidential and limited to the parties and their representatives; but other persons may attend with the permission of the parties and the mediator-arbitrator. The parties or their representatives attending a conference must have full authority to negotiate and recommend settlement. The mediator-arbitrator may not be compelled by subpoena or otherwise to divulge any records or discussions or to testify in regard to the mediation-arbitration in any adversary proceeding or judicial forum. All records, reports, documents, discussions, and other information received by the mediator-arbitrator while serving in that capacity are confidential, except the documents which have been submitted by each party shall be the record during judicial review.
If an agreement by the two parties is not reached, the mediator-arbitrator shall transmit to both parties a final written decision based on the information presented during the process concerning the appeal within forty-five calendar days after the mediator-arbitrator conducts a conference with either or both parties. This forty-five day period may be extended by the State Human Resources Director under extenuating circumstances. The mediator-arbitrator shall request assistance from the attorney for the Office of Human Resources in the preparation of the final written decision. As a result of this decision, either the covered employee or the agency may request a reconsideration within thirty calendar days from receipt of the decision. The mediator-arbitrator shall request assistance from the attorney for the Office of Human Resources in the preparation of the final written decision. As a result of this decision, either the covered employee or the agency may request a reconsideration within thirty calendar days from receipt of the decision. The mediator-arbitrator shall request assistance from the attorney for the Office of Human Resources in the preparation of the written response to the request for reconsideration. Petition for judicial review of the final decision may be made by the covered employee to the court of common pleas of the county in which the covered employee's place of employment is located. Only after an agency submits a written request to the Office of Human Resources seeking approval of the board may the agency initiate a petition for judicial review to the court of common pleas of the county in which the covered employee's place of employment is located. However, the agency may perfect the petition for judicial review only upon approval of the board. The record for judicial review shall be limited to the documents which have been submitted by each party and the final written decision of the mediator-arbitrator. Neither the board nor the Office of Human Resources nor the State Human Resources Director nor the mediator-arbitrator may be named in this petition for judicial review. However, any of these entities are entitled to make a motion in the court of common pleas to be allowed to intervene to participate in the petition for judicial review for appropriate reasons including their interest in defending their policies./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.
Rep. MARTIN explained the Bill.
The following Bill was taken up.
H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.
Rep. COBB-HUNTER moved to adjourn debate upon the Bill until Tuesday, April 30.
Rep. WRIGHT moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Brown, H. Byrd Cain Cato Chamblee Cooper Dantzler Delleney Easterday Elliott Fulmer Gamble Hallman Harrell Harrison Herdklotz Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Loftis Marchbanks McKay Meacham Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon Wofford Worley Wright Young-Brickell
Those who voted in the negative are:
Allison Anderson Bailey Boan Breeland Brown, J. Canty Carnell Cave Cobb-Hunter Cotty Harris, P. Hines, M. Hodges Howard Inabinett Kennedy Lee Lloyd McAbee McCraw McMahand Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Stoddard Tucker Walker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the motion to adjourn debate was tabled.
Reps. RICHARDSON, SCOTT, COBB-HUNTER, KENNEDY, KELLEY, WRIGHT, LLOYD, SHISSIAS, COTTY, KEYSERLING, KNOTTS, HOWARD, NEAL, MOODY-LAWRENCE, WILLIAMS, CAVE, WELLS, ALLISON, WALKER, R. SMITH and KEEGAN objected to the Bill.
The following Bill was taken up.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5772HTC.96), which was adopted.
Amend the bill, as and if amended, by inserting a penultimate SECTION appropriately numbered to read:
/SECTION ___. Section 12-51-60 of the 1976 Code is amended to read:
"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc Name H-MEMBER\B21\699\1), which was adopted.
Amend the bill, as and if amended, as reported out by Ways and Means Committee, by adding a new numbered section to read as follows:
"( )The following are not allowed to enter a bid on any property sold for delinquent taxes:
(a) a county elected official;
(b) a county employee;
(c) a spouse of a county elected official;
(d) a spouse of county employee;
(e) a son or daughter of a county elected official;
(f) a spouse of a son or daughter of a county elected official;
(g) a son or daughter of a county employee;
(h) a spouse of a son or daughter of a county employee.
The prohibition of this section does not apply to the public official or the public employee when the elected official or employee must bid on the property as a part of the official public duties of the office to which he or she was elected or for which he or she is employed."
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
Rep. McKAY proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5814HTC.96), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-51-120 of the 1976 Code is amended to read:
"Section 12-51-120. Neither more than forty-five days nor less than twenty days prior to the end of the redemption period for real estate sold for taxes, the person officially charged with the collection of delinquent taxes shall mail a notice by 'certified mail, return receipt requested-deliver to addressee only' to the owner of record immediately preceding the end of the redemption period at the best address of the owner available to the person officially charged with the collection of delinquent taxes that the real property described on the notice has been sold for taxes and if not redeemed by paying taxes, assessments, penalties, costs and eight percent interest at the applicable rate on the bid price in the total amount of --- dollars on or before ---- (twelve months from date of sale)
(date) -----,
a tax title will be delivered to the successful purchaser at the tax sale. Under this chapter, the return of the certified mail 'undelivered' is not grounds for a tax title to be withheld or be found defective and ordered set aside or canceled of record."/
Renumber sections to conform.
Amend title to conform.
Rep. McKAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4469 -- Reps. Wilkins, Sharpe, Haskins, Cato, D. Smith, Townsend, J. Brown and Harrison: A BILL TO ENACT THE "SOUTH CAROLINA EFFECTIVE DEATH PENALTY ACT OF 1996" INCLUDING PROVISIONS TO ADD SECTION 16-3-21, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROHIBIT, WITHOUT PRIOR COURT APPROVAL, CONTACT WITH JURORS WHO SENTENCED AN INDIVIDUAL TO DEATH BY ATTORNEYS OR AGENTS OF THAT INDIVIDUAL; BY ADDING SECTION 17-25-375 SO AS TO FURTHER PROVIDE FOR PROCEDURES FOR THE SETTING OF EXECUTION DATES; BY AMENDING SECTION 17-25-380, RELATING TO NOTICES OF THE INTENT TO EXECUTE A DEATH SENTENCE, SO AS TO FURTHER PROVIDE FOR THESE NOTICE REQUIREMENTS; BY ADDING SECTION 17-27-130 SO AS TO CLARIFY THE CIRCUMSTANCES WHEN THE ATTORNEY-CLIENT PRIVILEGE IS WAIVED IN STATE POST-CONVICTION PROCEEDINGS, AND TO PROVIDE FOR CERTAIN ACCESS OF NEW COUNSEL TO THE FILES OF PRIOR COUNSEL IN CASES OF DEFENDANTS SENTENCED TO DEATH; BY ADDING SECTION 17-27-140 SO AS TO REQUIRE THE SENTENCING TRIAL JUDGE IN CAPITAL CASES TO PRESIDE OVER COLLATERAL REVIEW PROCEEDINGS UNLESS ACTUAL BIAS OR PREJUDICE IS FOUND TO EXIST; BY ADDING SECTION 17-27-150 SO AS TO PROVIDE THAT DISCOVERY PROCESSES ARE ONLY AVAILABLE TO THE PARTIES IN A STATE POST-CONVICTION RELIEF CASE UPON A SHOWING OF GOOD CAUSE; AND BY ADDING SECTION 17-27-160 SO AS TO PROVIDE FOR TIME LIMITS IN CERTAIN MATTERS IN STATE POST-CONVICTION RELIEF CASES INVOLVING A SENTENCE OF DEATH FOR THE PURPOSE OF EXPEDITING REVIEW OF SUCH CASES, AND TO FURTHER PROVIDE FOR THE APPOINTMENT AND COMPENSATION OF COUNSEL IN THESE CASES.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9220CM.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first paragraph of Section 56-5-2990 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The department shall suspend the driver's license of any a person who is convicted, receives sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for the violation of Section 56-5-2930 or for the violation of any other another law or ordinance of this State or of any a municipality of this State that prohibits any a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics for six months for the first conviction, plea of guilty or of nolo contendere, or forfeiture of bail, one year for the second conviction, plea of guilty or of nolo contendere, or forfeiture of bail, two years for the third offense, three years for the fourth offense, and a permanent revocation of the driver's license for fifth fourth and subsequent offenses. Only those violations which occurred within ten years including and immediately preceding the date of the last violation shall constitute prior violations within the meaning of this section. Any A person whose license is revoked following conviction for a fifth fourth offense as provided in this section is forever barred from being issued any license by the Department of Revenue and Taxation to operate a motor vehicle except as provided in Section 56-1-385."
SECTION 2. The 1976 Code is amended by adding:
"Section 56-1-385. (A) Notwithstanding another provision of law, a person whose driver's license or privilege to operate a motor vehicle has been revoked permanently pursuant to Section 56-5-2990, excluding persons convicted of felony driving under the influence of alcohol or another controlled substance under Section 56-5-2945, may petition the circuit court in the county of his residence for reinstatement of his driver's license and shall serve a copy of the petition upon the solicitor of the circuit. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, then the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) the person must not have been convicted of an alcohol or drug violation during the previous five-year period;
(2) the person must have completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency; and
(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to grant him the privilege to operate a motor vehicle.
(B)(1) A person may not seek reinstatement of his driver's license pursuant to this section if:
(a) his privilege to operate a motor vehicle is revoked permanently pursuant to Section 56-5-2930 after the effective date of this section; and
(b) the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or of a municipality of this State that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics.
(2) Nothing in this section may be construed to prohibit a person whose license has been revoked pursuant to Section 56-5-2930 before the effective date of this section from seeking reinstatement of his license pursuant to the provisions in this section.
(C) If a person's privilege to operate a motor vehicle is restored pursuant to this section, a subsequent violation of driving under the influence of alcohol or another controlled substance or felony driving under the influence of alcohol or another controlled substance will require the cancellation of the person's driver's license and the imposition of the full period of suspension and revocation for a previous violation.
(D) Before a person may have his driver's license reinstated under this section he must:
(1) pay a fifty dollar filing fee to the court; and
(2) successfully complete the requirements to obtain a driver's license contained in this article."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRISON explained the amendment.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5799HTC.96).
Amend the bill, as and if amended, by striking section 12-21-3930(3), as contained in SECTION 1, page 3, and inserting:
/(3) the nonprofit organization which is operated exclusively for charitable, religious, or fraternal purposes presents to the department upon application a certified copy of the statement issued by the Internal Revenue Service exempting it from federal income taxation;/
Amend further, page 6, by striking Section 12-21-3980(D), which reads:
/(D) The game of bingo must be operated in the county in which the licensed nonprofit organization is located./
Amend further, beginning on page 6, by striking Section 12-21-3990(A)(1) and (3) and inserting:
/(1) Bingo is played by more than one player and a caller who is associated with the house. Each player must pay no more than face value for each card to be played during the course of a game and may purchase the card for a specified number of games. After the player has purchased a card or cards for a specified number of games, the house cannot require or accept an additional payment or consideration by the player in order to complete the specified number of games.
(3) The prize must be awarded to the winner of that game without delay. For multiple winners, the prize must be divided equally among the winners. In the case of a merchandise prize, the cash value of the merchandise may be divided among the winners. Purchase receipts of merchandise awarded as prizes must be made available to players and the department for confirmation of value./
Amend further, page 8, by striking Section 12-21-4000(12) and inserting:
/(12) (a) At least fifty percent of the gross proceeds of the sale of bingo cards taken in by the house during a single session must be returned to the players in the form of prizes. However, with respect to fair licenses, this requirement must be met during the course of the fair.
(b) A bingo operation may take in only two times more in gross proceeds than the prize for that session. Amounts in excess of this limit are subject to a tax, in addition to any other bingo license taxes and fees equal to the amount of the excess. These excess proceeds tax must be remitted to the department on the organization's quarterly bingo report and distributed as provided in Section 12-21-4190. Failure to remit this excess proceeds tax to the department shall result in immediate suspension of both the promoter's license and the organization's license. The department, after a conference with the promoter and organization, may permanently revoke the license of the promoter or the nonprofit organization, or both. If permanently revoked, the promoter, nonprofit organization, or any partner or member of the organization may no longer manage, conduct, or assist in any manner with a bingo operation in this State./
Amend further, beginning on page 8, by striking Section 12-21-4020 and inserting:
/Section 12-21-4020. The following are the classes of bingo licenses:
(1) CLASS AA: An organization operating a bingo game offering prizes with a minimum payout of fifty thousand dollars a session shall obtain a Class AA bingo license at a cost of four thousand dollars. The prizes offered at any one session may not exceed two hundred fifty thousand dollars. The holder of a Class AA license may not conduct more than one bingo session a month.
(2) CLASS B: An organization operating a bingo game offering prizes, which do not exceed twelve thousand dollars a session, shall obtain a Class B bingo license at a cost of one thousand dollars. The holder of a Class B license may not conduct more than three bingo sessions a week.
(3) CLASS C: An organization operating a bingo game and offering prizes of twenty dollars or less a game during a single session shall obtain a Class C bingo license at no cost. However, the organization may offer a prize in cash or merchandise of no more than one hundred fifty dollars for six jackpot games a session.
(4) CLASS D: A person, organization, or corporation desiring to conduct a bingo game at a fair as defined in Section 12-21-3920 and who offers prizes for each game of no more than fifty dollars in merchandise shall obtain only a temporary Class D bingo license at a cost of one hundred dollars for not more than ten days or two hundred dollars for more than ten days.
(5) CLASS E: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed thirty thousand dollars a calendar quarter, and where prizes do not exceed four thousand dollars a session shall obtain a Class E license from the department at a cost of five hundred dollars. If the gross bingo proceeds for any calendar quarter exceed thirty thousand dollars, the person or organization within ten days is required to obtain a Class B license from the department and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week./
Amend further, page 9, by striking Section 12-21-4030 and inserting:
/Section 12-21-4030. (A) A promoter or organization may not impose a charge, other than as provided in subsection (B), on a player other than at least the face value of each card sold to play bingo.
(B) (1) A holder of a Class AA license shall impose an entrance fee of eighteen dollars;
(2) A holder of a Class B and Class E license shall impose an entrance fee of five dollars.
(3) A holder of a Class D license may impose a five dollar entrance fee. The entrance fees collected are not required to be remitted as taxes and are not included in gross proceeds for purposes of the prize limitations provided in Section 12-21-4000(12)(a)./
Amend further, page 9, by striking Section 12-21-4080(A) and inserting:
/(A) Upon completion of the session, the promoter shall deliver to the representative member of the organization the gross proceeds from the session less the amount paid out as prizes and collected as entrance fees./
Amend further, page 11, by striking Section 12-21-4090(J) and inserting:
/(J) A licensed organization that has stopped conducting bingo and has unexpended bingo funds shall disburse those funds to a charitable purpose of other purposes for which the organization was established within one year after the date it ceases to conduct bingo. However, unexpended funds to be used for a building fund may be retained for this purpose. The organization shall file a report with the department showing the establishment of a building fund, the amount of money from the special account to be retained for that purpose, and other information the department may consider necessary. If the organization is identified as a fictitious charity after originally licensed, any payments due the charity revert to the general fund./
Amend further, beginning on page 11, by striking Section 12-21-4100(A) and inserting:
/(A) Each licensed nonprofit organization conducting bingo games shall submit quarterly to the department on the last day of the month following the close of the calendar quarter a report under oath containing the following information:
(1) the amount of the gross proceeds derived from the games;
(2) each item of expense incurred or paid;
(3) each item of an expenditure made or to be made, with a detailed description of the merchandise purchased or the services rendered;
(4) the net proceeds derived from the games;
(5) the use to which the proceeds have been or are to be applied;
(6) a list of prizes offered and given, with their respective values;
(7) excess proceeds as provided in Section 12-21-4000(12)(b);
(8) number of players at each session;
(9) other information considered necessary by the department./
Amend further, page 12, by striking Section 12-21-4140 and inserting:
/Section 12-21-4140. A penalty of up to five thousand dollars and revocation of the license at the discretion of the department may be imposed for a violation of this article. Each violation and each day in violation of a provision of this article constitutes a separate offense./
Amend further, page 13, by striking Section 12-21-4190 and inserting:
/Section 12-21-4190. The department shall charge and retain sixteen and one-half cents for each dollar of face value for each bingo card sold except sales to Class C licensees pursuant to this article. The revenue retained must be distributed as follows:
(1) twenty-six percent of the revenue must be distributed to the sponsoring charity for which the bingo cards were purchased. The department shall make the distribution to the sponsoring charity by the last day of the next month following the month the revenue was collected. Distributions under this subsection must be reduced by any delinquent debts as defined in the Setoff Debt Collection Act;
(2) seventy-four percent pursuant to Section 12-21-4200./
Amend further, beginning on page 13, by striking Section 12-21-4200 and inserting:
/Section 12-21-4200. The first nine hundred forty eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called "Division On Aging Senior Citizen Centers Permanent Improvement Fund". All interest earned on monies in the Division on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:
(1) Seven and five one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division on Aging, Office of the Governor. This amount must be allocated to each county for distribution in home community services for the elderly as follows:
(a) One-half of the funds must be divided equally among the forty-six counties.
(b) The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to the total state population using the latest report of the United States Bureau of the Census.
The aging service providers receiving these funds must be agencies recognized by the Division on Aging of the Office of the Governor and the area agencies on aging.
(2) Twenty and eight-tenths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.
(3) Seventy-two and fifteen one-hundredths percent of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund./
Amend further, page 14, by striking Section 12-21-4210 and inserting:
/Section 12-21-4210. Bingo cards may not be sold or transferred between licensed organizations, between distributors, or between manufacturers. All unused bingo cards may be returned to the department for refund and destruction. The department is required to refund only the amount retained by the department previously based on the face value of each card and does not include the manufacturer's price or transportation charges to the consignee at destination and such additional charges./
Amend further, page 15, by striking Section 12-21-4270 and inserting:
/Section 12-21-4270. Each licensed nonprofit organization or promoter, in the name of a licensed organization, may obtain bingo cards approved by the department by making application and remitting sixteen and one-half percent of the total face value of the cards to be purchased. Payment to the State for the issuance of bingo cards must be made by certified check within fifteen days of receipt of the application. Upon receipt of the application, the department shall notify a licensed distributor, who has purchased bingo cards from a licensed manufacturer that the licensed distributor may release the face value of the bingo cards requested to the licensed organization or promoter. However, no additional bingo cards must be released until payment is received for the prior application of bingo cards. The department is required to set forth procedures to ensure that there is a crosscheck between manufacturers, distributors, and licensed nonprofit organizations or promoters. A quarterly return is required by each manufacturer, distributor, and licensed nonprofit organization or promoter on or before the last day of the month following the close of the calendar quarter outlining those items the department determines necessary to verify the sale and distribution of bingo cards. The sale of bingo cards and entrance fees provided by Section 12-21-4030 are not subject to the admissions tax provided by Section 12-21-2420./
Amend further, by striking SECTIONS 3 and 4 in their entirety./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. RICHARDSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4825 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON GASOLINE AND DIESEL FUEL, SO AS TO PROVIDE THAT THE LICENSE TAX IMPOSED BY THIS SECTION IS IN LIEU OF ALL SALES, USE, OR OTHER EXCISE TAX WHICH MAY OTHERWISE BE IMPOSED BY ANY MUNICIPALITY, COUNTY, OR OTHER LOCAL POLITICAL SUBDIVISION; TO AMEND SECTION 12-28-720, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR IMPORTS, SO AS TO PROVIDE THE EXEMPTION FOR EXPORTS, RATHER THAN IMPORTS; TO AMEND SECTION 12-28-740, RELATING TO THE TAX ON MOTOR FUELS AND PERFECTION OF THE EXEMPTION FOR THE FEDERAL GOVERNMENT AND STATE-OWNED BUSES AND VEHICLES USED IN AN EDUCATIONAL PROGRAM, SO AS TO CHANGE A STATUTORY REFERENCE REGARDING A VENDOR'S MAKING APPLICATION FOR A PERMIT PROVIDED FOR BY THIS SECTION; TO AMEND SECTION 12-28-795, RELATING TO THE TAX ON MOTOR FUELS AND INTEREST ON REFUND CLAIMS NOT ISSUED WITHIN THIRTY DAYS OF FILING, SO AS TO DELETE THE EXISTING PROVISIONS OF THIS SECTION AND PROVIDE THAT INTEREST ON A CLAIM FOR A REFUND MUST BE PAID AT THE RATE AND IN THE MANNER PROVIDED FOR IN SECTION 12-54-25; TO AMEND SECTION 12-28-905, RELATING TO THE TIME FOR PAYMENT OF THE MOTOR FUEL TAX ON GALLONS OF MOTOR FUEL IMPORTED FROM ANOTHER STATE, SO AS TO CHANGE CERTAIN STATUTORY REFERENCES WITHIN THIS SECTION; TO AMEND SECTION 12-28-915, RELATING TO THE TAX ON MOTOR FUELS, THE TAX COLLECTED AND REMITTED BY THE SUPPLIER, DUE DATE, AND LATE TAXES, SO AS TO PROVIDE THAT A SUPPLIER SHALL "GIVE NOTIFICATION OF", RATHER THAN "REMIT", LATE TAXES REMITTED TO THE SUPPLIER BY AN ELIGIBLE PURCHASER; TO AMEND SECTION 12-28-925, RELATING TO THE COLLECTION OF MOTOR FUEL TAX FROM A PURCHASER AND THE ELECTION TO DEFER THE TAX PAYMENT, SO AS TO DELETE CERTAIN PROVISIONS, AND TO PROVIDE THAT FAILURE OF A SUPPLIER OR BONDED IMPORTER TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN SUSPENSION OR REVOCATION OF LICENSE; TO AMEND SECTION 12-28-935, RELATING TO RECISION OF A PURCHASER'S ELIGIBILITY AND ELECTION TO DEFER PAYMENT OF THE TAX ON MOTOR FUELS, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THE CODE SECTION; TO AMEND SECTION 12-28-940, RELATING TO COMPUTING THE AMOUNT OF THE MOTOR FUEL TAX DUE, SO AS TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION, AND TO SUBSTITUTE "CREDIT" FOR "DEDUCTION" IN ONE INSTANCE; TO AMEND SECTION 12-28-970, RELATING TO THE IMPOSITION OF A BACKUP TAX EQUAL TO THE TAX IMPOSED BY SECTION 12-28-310, SO AS TO PROVIDE FOR AN EXEMPTION FROM THE BACKUP TAX UPON THE DELIVERY IN THIS STATE INTO THE FUEL SUPPLY TANK OF A HIGHWAY VEHICLE OF "ALTERNATIVE FUELS"; TO AMEND SECTION 12-28-1130, RELATING TO THE TAX ON MOTOR FUELS AND THE TANK WAGON OPERATOR-IMPORTER LICENSE AND FEE, SO AS TO PROVIDE THAT "OPERATORS OF TANK WAGONS DELIVERING PRODUCTS", RATHER THAN "OPERATORS OF TANK WAGON DELIVERY PRODUCT", INTO THIS STATE MORE THAN TWENTY-FIVE MILES FROM THE BORDER SHALL APPLY FOR AN IMPORTER'S LICENSE UNDER SECTION 12-28-1125; TO AMEND SECTION 12-28-1135, RELATING TO THE FUEL VENDOR LICENSE AND FEE, SO AS TO, AMONG OTHER THINGS, SUBSTITUTE "TRANSPORTER" FOR "CARRIER" IN ONE INSTANCE AND CHANGE A STATUTORY REFERENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1139 SO AS TO REQUIRE EACH PERSON LIABLE FOR THE TAX IMPOSED BY SECTIONS 12-28-970 AND 12-28-990(C) WHO IS NOT LICENSED UNDER SECTIONS 12-28-1100 THROUGH 12-28-1135 TO OBTAIN A MISCELLANEOUS FUEL TAX LICENSE, AND TO PROVIDE THAT THERE IS NO REGISTRATION FEE FOR THIS LICENSE; TO AMEND SECTION 12-28-1150, RELATING TO THE TAX ON MOTOR FUELS, FINGERPRINTING, AND EXEMPTIONS, SO AS TO CHANGE A REFERENCE TO THE TITLE OF AN AGENCY HEAD; TO AMEND SECTION 12-28-1155, RELATING TO THE REQUIREMENT THAT AN APPLICATION FOR A LICENSE UNDER CHAPTER 28, TITLE 12, MUST BE FILED WITH A SURETY BOND OR CASH DEPOSIT, SO AS TO ADD LANGUAGE TO A PROVISION OF THIS SECTION TO THE EFFECT THAT FUEL VENDORS DEFINED IN SECTION 12-28-1135, OTHER THAN PERSONS REQUIRED TO BE LICENSED UNDER PROVISIONS OTHER THAN IN THOSE SECTIONS, AND MISCELLANEOUS FUEL TAX LICENSEES DEFINED IN SECTION 12-28-1139, ARE EXEMPT FROM THE BONDING REQUIREMENTS; TO AMEND SECTION 12-28-1180, RELATING TO THE TAX ON MOTOR FUELS, NOTICE OF PROPOSED DENIAL OF APPLICATION FOR A LICENSE NOTICE OF SUSPENSION OR REVOCATION OF LICENSE, AND CERTAIN HEARINGS, SO AS TO PROVIDE FOR THE SUSPENSION OR REVOCATION OF A LICENSE FOR FAILURE TO COMPLY WITH CHAPTER 28, TITLE 12, AFTER AT LEAST THIRTY DAYS' NOTICE, RATHER THAN TEN DAYS' NOTICE, TO THE LICENSEE AND A HEARING, IF REQUESTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 12-28-1300, RELATING TO THE TAX ON MOTOR FUELS, VERIFIED STATEMENT BY A SUPPLIER, AND REPORTING OF INFORMATION, SO AS TO PROVIDE THAT THE REPORTS REQUIRED BY ARTICLE 13 OF CHAPTER 28, TITLE 12, RATHER THAN BY SECTION 12-28-1300, MUST BE FILED WITH RESPECT TO INFORMATION FOR THE PRECEDING CALENDAR MONTH "ON OR BEFORE", RATHER THAN "BEFORE", THE TWENTY-SECOND DAY OF THE CURRENT MONTH, AND TO CHANGE A STATUTORY REFERENCE WITHIN THIS SECTION; TO AMEND SECTION 12-28-1320, RELATING TO THE TAX ON MOTOR FUELS AND THE REQUIREMENT THAT A LICENSED TANK IMPORTER MUST FILE A MONTHLY VERIFIED SWORN STATEMENT OF OPERATIONS, SO AS TO REFER TO AND IMPOSE THE REQUIREMENT OF THIS SECTION UPON, A "LICENSED TANK WAGON OPERATOR IMPORTER", RATHER THAN A "LICENSED TANK IMPORTER"; TO AMEND SECTION 12-28-1390, RELATING TO THE TAX ON MOTOR FUELS AND A FUEL VENDOR'S REPORTS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE FUEL VENDOR'S ANNUAL REPORT MUST BE FILED BEFORE FEBRUARY TWENTY-EIGHTH, RATHER THAN "BEFORE JANUARY TWENTY-FIRST", ANNUALLY FOR THE PRECEDING CALENDAR YEAR; TO AMEND THE 1976 CODE BY ADDING SECTION 12-28-1395 SO AS TO PROVIDE THAT A PERSON LICENSED AS A MISCELLANEOUS FUEL TAX LICENSEE IN SOUTH CAROLINA SHALL FILE MONTHLY A SWORN STATEMENT ON PRESCRIBED FORMS AND FURNISH ANY INFORMATION CONSIDERED NECESSARY BY THE ADMINISTERING AGENCY FOR THE ENFORCEMENT OF CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-1505, RELATING TO THE TAX ON MOTOR FUELS AND REQUIREMENTS RELATING TO SHIPPING DOCUMENTS, SO AS TO DELETE A CERTAIN REFERENCE TO "THE SECRETARY OF STATE" AND SUBSTITUTE "THE DEPARTMENT OF REVENUE AND TAXATION OR ITS AGENT"; TO AMEND SECTION 12-28-2110, RELATING TO SPECIALIZED COMPENSATING FUEL TAXES AND THE FUEL REPLACEMENT TAX, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO REQUIRE THE COLLECTION OF THE TAX IMPOSED BY CHAPTER 28, TITLE 12; TO AMEND SECTION 12-28-2360, RELATING TO THE TAX ON MOTOR FUELS AND REFUND OF THE INSPECTION FEE ON PETROLEUM PRODUCTS, SO AS TO PROVIDE FOR PROOF OF CLAIM BEING SUBMITTED WITHIN THE TIME PERIOD PROVIDED FOR IN SECTION 12-54-85, RATHER THAN WITHIN SIX MONTHS FROM THE DATE SHOWN ON THE DELIVERY MANIFEST; TO AMEND SECTION 12-28-2380, RELATING TO THE TAX ON MOTOR VEHICLES, THE PROVISION THAT MOTOR FUELS USED IN THE OPERATION OF A MOTOR VEHICLE ARE TAXABLE, AND THE EXEMPTION FOR THE SELLER-USER OF LIQUEFIED PETROLEUM GAS, SO AS TO PROVIDE THAT ALL MOTOR FUELS PLACED INTO MOTOR VEHICLES FOR USE IN THEIR OPERATION OR FOR THE OPERATION OF THEIR PARTS OR ATTACHMENTS ARE SUBJECT TO THE "FEES", RATHER THAN THE "TAX", PROVIDED FOR IN ARTICLE 23 OF CHAPTER 28, TITLE 12, RATHER THAN "PROVIDED FOR IN CHAPTER 28, TITLE 12"; TO AMEND SECTION 12-28-2520, RELATING TO THE TAX ON MOTOR FUELS, REPORTS AND BOND REQUIREMENTS, AND OIL COMPANY BOND EXEMPTION BASED ON STATEMENT OF ASSETS AND LIABILITIES, SO AS TO PROVIDE THAT "A MOTOR FUEL LICENSEE", RATHER THAN "AN OIL COMPANY", MAY FURNISH A STATEMENT OF ASSETS AND LIABILITIES AND THAT IF IN THE JUDGMENT OF THE ADMINISTERING AGENCY, THE PROPERTY OWNED BY THE "MOTOR FUEL LICENSEE", RATHER THAN "THE OIL COMPANY", IS SUFFICIENT TO PROTECT THE STATE IN THE PAYMENT OF ALL "MOTOR FUEL TAXES", RATHER THAN "GASOLINE TAXES", DUE, A BOND IS NOT REQUIRED; AND TO REPEAL SECTION 12-28-2510, RELATING TO THE TAX ON MOTOR FUELS AND THE ANNUAL REPORTING REQUIREMENT OF GALLONS SOLD THROUGH RETAIL OUTLETS.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4833 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Trotter, Sandifer, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND SECTION 12-28-795, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTEREST DUE ON GASOLINE TAX REFUNDS, SO AS TO CORRECT THE REFERENCE TO THE PROVISIONS ON INTEREST ON TAX OVERPAYMENTS AND UNDERPAYMENTS; TO AMEND SECTION 12-28-2360, RELATING TO REFUNDS OF GASOLINE TAX INSPECTION FEES, SO AS TO EXTEND THE GENERAL LIMITATIONS ON THE ASSESSMENT OF STATE TAXES TO CLAIMS FOR REFUNDS; TO AMEND SECTION 12-37-2680, AS AMENDED, RELATING TO VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAXES, SO AS TO DELETE AN OBSOLETE REFERENCE WITH RESPECT TO THE AUDITOR'S DUTIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO APPEALS OF VALUATION FOR PURPOSES OF THE PROPERTY, SO AS TO DELETE REDUNDANT PROVISIONS AND CORRECT A REFERENCE; TO AMEND SECTION 12-54-25, RELATING TO INTEREST ON TAX UNDERPAYMENTS AND OVERPAYMENTS, SO AS TO ALLOW THE DEPARTMENT OF REVENUE AND TAXATION TO INCREASE FROM FIFTEEN TO THIRTY DAYS THE TIME FOR WHICH INTEREST MAY BE WAIVED FOR ADMINISTRATIVE CONVENIENCE; TO AMEND SECTION 12-54-85, RELATING TO LIMITATIONS ON TAX ASSESSMENTS AND COLLECTIONS, SO AS TO PROVIDE THE DATES WHEN CERTAIN TAXES ARE CONSIDERED TO HAVE BEEN PAID OR RETURNS FILED; TO AMEND SECTION 12-60-30, RELATING TO DEFINITIONS FOR PURPOSES OF THE TAX APPEALS, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 12-60-40, RELATING TO WAIVER OF TIME LIMITATIONS FOR PURPOSES OF TAX APPEALS, SO AS TO ALLOW THE DEPARTMENT TO EXTEND ANY TIME LIMITATIONS; TO AMEND SECTION 12-60-50, RELATING TO THE PROVISIONS APPLICABLE WHEN TIME PERIODS EXPIRE ON WEEKENDS OR LEGAL HOLIDAYS, SO AS TO CLARIFY THAT THESE PROVISIONS APPLY TO ALL TAXES; TO AMEND SECTION 12-60-410, RELATING TO LIMITATIONS ON ASSESSMENTS FOR A TAX PERIOD FOR WHICH A FINAL ADMINISTRATIVE OR JUDICIAL ORDER HAS BEEN ISSUED, SO AS TO EXEMPT FROM THESE AN ORDER ABATING A JEOPARDY ASSESSMENT OR ASSESSMENT ARISING FROM ADDITIONAL INTERNAL REVENUE SERVICE ASSESSMENTS; TO AMEND SECTION 12-60-440, RELATING TO DEFICIENCY ASSESSMENT RESTRICTIONS, SO AS TO PROVIDE ADDITIONAL EXEMPTIONS FROM THESE RESTRICTIONS; TO AMEND SECTION 12-60-920, RELATING TO JEOPARDY ASSESSMENTS, SO AS TO PROVIDE FURTHER FOR ASSESSMENTS AND APPEALS IN THESE CASES; TO AMEND SECTION 12-60-1350, RELATING TO THE EXCLUSIONS OF APPEALS UNDER THE SOUTH CAROLINA REVENUE PROCEDURES ACT, SO AS TO EXTEND THESE EXCLUSIONS TO LICENSES SUSPENDED OR REVOKED BY THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND TO PROVIDE FOR APPEALS OF THESE MATTERS TO BE HANDLED BY THE STATE DEPARTMENT OF SOCIAL SERVICES; TO AMEND SECTION 12-60-2130, RELATING TO PROPERTY TAX ASSESSMENT APPEALS OF PROPERTY VALUED BY THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO DELETE THE AUTHORITY OF A COUNTY ASSESSOR TO APPEAL A DEPARTMENTAL DETERMINATION; TO AMEND SECTION 12-60-2150, RELATING TO CLAIMS FOR REFUND BASED ON PROPERTY TAX EXEMPTIONS, SO AS TO CHANGE A REFERENCE FROM PROTEST TO CLAIM FOR REFUND; AND TO REPEAL SECTIONS 12-4-760, 12-47-75, AND 12-54-60, RELATING RESPECTIVELY TO APPEALS TO THE TAX BOARD OF REVIEW, THE PROPER CREDITING OF TAXES ERRONEOUSLY CREDITED, AND AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO ESTIMATE TAXES DUE WHEN A REQUIRED REPORT OR RETURN IS NOT FILED.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5773HTC.96), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 in its entirety.
Amend further, by striking SECTION 7 and inserting:
/SECTION 7. Items (26) and (27) of Section 12-60-30 of the 1976 Code, as added by Act 60 of 1995, are amended respectively to read:
"(26) 'State tax' means all taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or assessed or collected by the department, including property subject to collection pursuant to Chapter 18 of Title 27, except property taxes.
(27) 'Tax' or 'taxes' means all taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or subject to assessment or collection by the department, including property subject to collection pursuant to Chapter 18 of Title 27."/
Amend further, by striking SECTIONS 12 and 13 in their entirety.
Amend further, SECTION 14, page 10, line 13, by striking /or the county assessor/ and inserting: /or the local governing body county assessor/, so that, when amended, SECTION 14 reads:
/SECTION 14. The first paragraph of Section 12-60-2130 of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"A property taxpayer or the local governing body county assessor who disagrees with the department determination may request a contested case hearing before the Administrative Law Judge Division if he files an action within thirty days of the date of the department's determination. Requests for a hearing before the Administrative Law Judge Division must be made in accordance with its rules. If a taxpayer requests a contested case hearing before the Administrative Law Judge Division without exhausting his prehearing remedy because he failed to file a protest, the administrative law judge shall dismiss the action without prejudice. If the taxpayer failed to provide the department with the facts, law, and other authority supporting his position, he shall provide the department with the facts, law, and other authority he failed to present to the department earlier. The administrative law judge shall then remand the case to the department for reconsideration in light of the new facts or issues unless the department elects to forego the remand."
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4834 -- Reps. Robinson, Herdklotz, Waldrop, Sandifer, Fulmer, Trotter, Marchbanks, Rice, Haskins and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-2-75 SO AS TO PROVIDE FOR THE METHOD OF SIGNING INCOME TAX RETURNS; TO AMEND SECTION 12-4-310, AS AMENDED, RELATING TO DUTIES OF THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO REVISE A REFERENCE TO THE BOND REQUIREMENT FOR DEPARTMENTAL OFFICERS AND EMPLOYEES; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE OF 1986 NOT ADOPTED IN THE DETERMINATION OF SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE THE EXCLUSION OF PROVISIONS RELATING TO AN INNOCENT SPOUSE; TO AMEND SECTION 12-31-60, RELATING TO PENALTIES PROVIDED UNDER THE INTERNATIONAL FUEL TAX AGREEMENT, SO AS TO MAKE THESE PENALTIES APPLY IN LIEU OF OTHER PENALTIES AND INTEREST OTHERWISE REQUIRED; TO AMEND SECTIONS 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-1710, AS AMENDED, 12-36-2110, AS AMENDED, AND 12-36-2120, AS AMENDED, RELATING TO THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO REVISE THE DEFINITIONS OF "RETAIL SALE" AND "WHOLESALE SALE", CLARIFY A REFERENCE IN AN EXEMPTION UNDER THE CASUAL EXCISE TAX, REQUIRE LEASES TO BE IN WRITING FOR PURPOSES OF OBTAINING THE THREE HUNDRED DOLLARS MAXIMUM SALES TAX ON CERTAIN ITEMS, CLARIFY THE SALES TAX EXEMPTION FOR SUPPLIES REQUIRED BY DIABETICS, AND TO EXEMPT GOODS PROVIDED TO THE FEDERAL GOVERNMENT WHEN CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 12-39-260, RELATING TO THE DUTIES OF THE COUNTY AUDITOR, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO APPROVE OTHER MEANS OF ACCOUNTING FOR AND REPORTING OF REAL ESTATE SALES; TO AMEND SECTION 12-54-35, RELATING TO THE INNOCENT SPOUSE RULE, SO AS TO PROVIDE THOSE INSTANCES WHEN THE RULE DOES NOT APPLY; TO AMEND SECTION 12-54-50, AS AMENDED, RELATING TO THE PENALTY ON A RETURNED CHECK FOR TAXES, SO AS TO EXTEND THE PENALTY TO ELECTRONIC PAYMENTS AND CLARIFY THIS PENALTY AS AN ADDITION TO ALL OTHER PENALTIES; TO AMEND SECTION 12-54-90, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REVOKE LICENSES ISSUED TAXPAYERS FOR VIOLATIONS OR OMISSIONS, SO AS TO PROVIDE NOTICE BY FIRST CLASS RATHER THAN CERTIFIED MAIL; TO AMEND SECTION 12-54-210, AS AMENDED, RELATING TO THE REQUIREMENT TO MAINTAIN RECORDS FOR TAX PURPOSES, SO AS TO EXTEND THE REQUIREMENT TO LICENSES, FEES, AND SURCHARGES AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH MICROFILM RECORDS ARE ADEQUATE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO CONTRACT WITH PRIVATE PARTIES TO COLLECT TAXES, SO AS TO ALLOW THE NOTICE TO TAXPAYERS TO BE MADE BY FIRST CLASS RATHER THAN CERTIFIED OR REGISTERED MAIL; AND TO REPEAL SECTION 12-6-5040, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REQUIRE COPIES OF FEDERAL TAX RETURNS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9205AC.96).
Amend the bill, as and if amended, by deleting Section 12-31-60 as contained in SECTION 4, page 3, and inserting:
/Section 12-31-60. In lieu of all other penalties and interest provided by law, penalties Penalties and interest provided under the International Fuel Tax Agreement apply to all reports filed with the State as a result of the International Fuel Tax Agreement. These penalties are in lieu of the penalties imposed under Section 12-54-40(b)(1), (b)(2)(a), or (b)(2)(6) and the interest imposed under Section 12-54-25./
Amend further, page 3, line 40, by deleting /Section 12-36-110(f)/ and inserting /Section 12-36-110(1)(f)/.
Amend further, Section 12-36-120 as contained in SECTION 6 of the bill, page 4, by deleting lines 9 and 10 and inserting:
/ingredients in preparing ready-to-eat food or drink sold at retail. This exemption includes These products include cooking oil used as an ingredient. However,/
Amend further, Section 12-54-35. A. as contained in SECTION 12 of the bill, page 5, by deleting lines 40 and 41 and inserting:
/(1) a 'substantial understatement' is any understatement regardless of amount; and/
Amend further, Section 12-54-90(A), as contained in SECTION 14 of the bill, page 6, by deleting line 25 and inserting:
/notification may be served by certified mail or personally./
Amend further, page 7, by deleting SECTION 16 of the bill.
Amend title to conform.
Renumber sections to conform.
Rep. ROBINSON explained the amendment.
Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. ROBINSON moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4904 -- Reps. Cromer, Harrison, Quinn, Cotty, Shissias, Rogers, Howard, Scott, Neal, Byrd and J. Brown: A CONCURRENT RESOLUTION COMMENDING AND THANKING THOMAS S. LINTON OF COLUMBIA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS MEMBER AND CHAIRMAN OF THE RICHLAND COUNTY RECREATION COMMISSION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FULMER, with unanimous consent, the following was taken up for immediate consideration:
H. 4905 -- Rep. Fulmer: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE HOUSE FLOOR AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO LIEUTENANT GENERAL CLAUDIUS E. "BUD" WATTS III, PRESIDENT OF THE CITADEL, FOR THE PURPOSE OF BEING RECOGNIZED UPON HIS RETIREMENT AS PRESIDENT OF THE CITADEL.
Be it resolved by the House of Representatives:
That pursuant to Rule 10.1 of the Rules of the House of Representatives, Lieutenant General Claudius E. "Bud" Watts III, President of The Citadel, is given special leave of the House to be admitted to the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives, at a date and time to be determined by the Speaker, for the purpose of being recognized upon his retirement as President of The Citadel.
The Resolution was adopted.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4906 -- Reps. Harrison, Limehouse, Hallman, Sandifer, Cain, Robinson, Cato, Vaughn, Limbaugh and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-85 SO AS TO PROHIBIT THE PUBLIC SERVICE AUTHORITY FROM MAKING CHARITABLE CONTRIBUTIONS OR EXPENDING ANY OF ITS FUNDS ON OTHER CONTRIBUTIONS EXCEPT WHEN DIRECTLY RELATED TO THE PURPOSES WHICH THE AUTHORITY WAS ESTABLISHED TO ACCOMPLISH.
Referred to Committee on Judiciary.
The following was introduced:
H. 4907 -- Reps. Byrd, Cobb-Hunter, Kennedy, Lloyd, Inabinett, H. Brown, Cromer, Townsend, Scott, Rogers, Neal, Howard, J. Brown, Harrison, Shissias, Quinn, Cotty, Chamblee, Moody-Lawrence, Williams, Harvin, Stille, Askins, McAbee and Wofford: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWIN ROBERTS RUSSELL OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill was taken up.
H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.
Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4706 -- Reps. Wilkins, Kennedy, Harrell, Hutson, Neilson, S. Whipper, J. Hines, Harvin, Howard, Askins, White, Fleming, Jennings, Keegan, Anderson, L. Whipper, M. Hines, Cobb-Hunter, Breeland, Neal, Young-Brickell, Easterday, J. Harris, Koon, Meacham, J. Young, Harrison, Clyburn, Herdklotz, Knotts, Inabinett, Wright, Lloyd, Law, Gamble, Delleney, Cave, Govan, H. Brown, Felder, Robinson, Mason, Carnell, D. Smith, Rice, Sharpe, Boan, Fulmer, Chamblee, Stuart, Shissias, Klauber, T. Brown, Spearman, Williams, Kinon, Limbaugh, Scott, Riser, McTeer, McElveen, Hodges and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE "SOUTH CAROLINA RURAL DEVELOPMENT ACT OF 1996" INCLUDING PROVISIONS TO AMEND SECTION 12-10-20, RELATING TO LEGISLATIVE FINDINGS PERTAINING TO THE ENTERPRISE ZONE ACT, SO AS TO PROVIDE ADDITIONAL FINDINGS; TO AMEND SECTION 12-10-30, RELATING TO DEFINITIONS UNDER THE ENTERPRISE ZONE ACT, SO AS TO DELETE THE DEFINITION OF "SERVICES"; TO AMEND SECTION 12-10-40, AS AMENDED, RELATING TO THE DESIGNATION AND CRITERIA OF ENTERPRISE ZONES, SO AS TO DELETE SPECIFIED CRITERIA AND TO PROVIDE THAT THE AMOUNT OF BENEFITS ALLOWED IS DETERMINED BY THE COUNTY DESIGNATION IN WHICH THE BUSINESS IS LOCATED; TO AMEND SECTION 12-10-50, RELATING TO CRITERIA TO QUALIFY FOR BENEFITS, SO AS TO PROVIDE THAT THE ENTIRE STATE OF SOUTH CAROLINA IS AN ENTERPRISE ZONE; TO AMEND SECTION 12-10-70, RELATING TO BENEFITS OF QUALIFYING BUSINESSES, SO AS TO REVISE THESE BENEFITS AND PROVIDE THAT QUALIFYING BUSINESSES ARE ELIGIBLE TO USE SPECIAL SOURCE REVENUE BONDS; TO AMEND SECTION 12-10-80, RELATING TO JOB DEVELOPMENT FEES, SO AS TO PERMIT A QUALIFYING BUSINESS TO COLLECT JOB DEVELOPMENT FEES FOR NEW JOBS CREATED AND FOR OTHER REASONS, TO FURTHER PROVIDE FOR THE PURPOSES FOR WHICH SUCH FUNDS MAY BE SPENT, TO PROVIDE FOR THE RETAINAGE OF JOB DEVELOPMENT FEES UNDER CERTAIN CONDITIONS, TO CREATE THE RURAL INFRASTRUCTURE FUND AND PROVIDE FOR ITS FUNDING, AND TO PROVIDE THAT ANY STATE-SUPPORTED INSTITUTION OF HIGHER EDUCATION MAY PROVIDE RETRAINING INSTEAD OF ONLY TECHNICAL COLLEGES; TO ADD SECTION 12-10-85 SO AS TO PROVIDE GUIDELINES FOR THE USES OF THE RURAL DEVELOPMENT FUND; TO AMEND SECTION 12-10-90, RELATING TO LEVELS OF CAPITAL INVESTMENT OR EMPLOYMENT IN REVITALIZATION AGREEMENTS, SO AS TO PROVIDE THAT THE COUNCIL ALONE CAN TERMINATE REVITALIZATION AGREEMENTS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOBS TAX CREDITS, SO AS TO REVISE THE REQUIREMENTS AND QUALIFICATIONS FOR JOBS TAX CREDITS; TO AMEND SECTION 12-6-2320, AS AMENDED, RELATING TO ALLOCATION AND APPORTIONMENT OF A TAXPAYER'S INCOME, SO AS TO FURTHER DEFINE THE TERM "TAXPAYER" IN REGARD TO A CONTROLLED GROUP OF CORPORATIONS; TO AMEND SECTION 12-6-3440, AS AMENDED, RELATING TO TAX CREDITS FOR EMPLOYEE CHILD CARE PROGRAMS, SO AS TO REVISE THE MANNER IN WHICH THESE TAX CREDITS ARE DETERMINED AND ALLOCATED; TO AMEND SECTION 12-6-3450, RELATING TO INCOME TAX CREDITS FOR PERSONS TERMINATED FROM EMPLOYMENT AS A RESULT OF THE CLOSING OF FEDERAL MILITARY INSTALLATIONS, SO AS TO PROVIDE AN APPLICABLE FEDERAL FACILITY, RATHER THAN JUST A MILITARY INSTALLATION, MAY RECEIVE THE BENEFITS OF THIS CREDIT; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING PERSONS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO FURTHER PROVIDE FOR THE COMPUTATION OF AND REQUIREMENTS FOR THIS CREDIT; TO AMEND SECTION 12-14-30, AS AMENDED, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT, SO AS TO DELETE LANGUAGE PERTAINING TO MANUFACTURING FACILITIES THAT HAVE CLOSED OR EXPERIENCED LAYOFFS AS BEING ELIGIBLE FOR CERTAIN BENEFITS UNDER THIS ACT; TO AMEND TITLE 12, RELATING TO TAXATION, BY ADDING CHAPTER 12 SO AS TO ESTABLISH THE REQUIREMENTS FOR AND PROCEDURES UNDER WHICH A TAXPAYER WHO HAS A GAIN FROM THE SALE OR OTHER DISPOSITION OF A CAPITAL ASSET MAY DEFER RECOGNITION OF ALL OR A PART OF THE GAIN; TO AMEND SECTION 12-36-70, RELATING TO THE DEFINITION OF A "RETAILER" AND "SELLER" FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO REVISE THE EXEMPTION PERTAINING TO THE FURNISHING OF ACCOMMODATIONS TO TRANSIENTS; TO AMEND SECTION 12-36-920, RELATING TO THE TAX ON ACCOMMODATIONS, SO AS TO EXCLUDE FROM THE ACCOMMODATIONS TAX THE EXEMPTION PROVIDED IN SECTION 12-36-70; TO AMEND SECTION 12-36-120, AS AMENDED, RELATING TO THE DEFINITION OF A "SALE AT WHOLESALE", SO AS TO INCLUDE THE PURCHASE OF PALLETS; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO INCLUDE PALLETS IN THE SALES TAX EXEMPTION FOR PACKAGING MATERIALS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FOR AIR CARRIER HUB TERMINAL FACILITIES; TO AMEND SECTION 12-43-300, AS AMENDED, RELATING TO NOTICE OF TAX REASSESSMENTS AND OBJECTIONS THERETO, SO AS TO FURTHER PROVIDE FOR WHEN THE TAXPAYER AND THE ASSESSOR ARE BOUND BY THE ASSESSED VALUE OF THE PROPERTY AND TO MAKE THESE PROVISIONS APPLY TO REASSESSMENTS MADE ON OR AFTER DECEMBER 31, 1991; TO AMEND SECTION 4-12-30, RELATING TO FEES IN LIEU OF TAXES AND EXCEPTIONS FOR QUALIFYING INDUCEMENT LEASE AGREEMENTS, SO AS TO REDEFINE THE TERM "CONTROLLED GROUP", DELETE THE REQUIREMENT THAT THE BOARD OF ECONOMIC ADVISORS DETERMINE THE BENEFITS OF A FEE PROJECT AND PROVIDE INSTEAD THAT THE COUNTY COUNCIL SHALL DETERMINE SUCH BENEFITS, DELETE THE REQUIREMENT THAT A RESERVE ACCOUNT BE MAINTAINED, REVISE THE TIME PERIODS TO MEET CERTAIN REQUIREMENTS AND PROCEDURES REQUIRED TO BE FOLLOWED, REVISE THE MINIMUM ASSESSMENT RATIOS FOR SPECIFIED QUALIFYING BUSINESSES, ALLOW REPLACEMENT PROPERTY TO QUALIFY FOR THE FEE UNDER CERTAIN CONDITIONS, PERMIT THE AMENDING OF INDUCEMENT AGREEMENTS AT ANY TIME WITH RESTRICTIONS, PROVIDE GUIDELINES FOR THE TRANSFERRING OF FEE PROPERTY, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE DISTRIBUTION OF THE FEE AND ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT OF ISSUING SPECIAL SOURCE REVENUE BONDS, ALLOW FOR THE TRANSFERRING OF AGREEMENTS RELATED TO THE FEE AND REQUIRE COUNTY APPROVAL OF THE TRANSFER, AND PROVIDE FOR OTHER RELATED MATTERS, PERTAINING TO FEES IN LIEU OF TAXES, AND THE TRANSFERABILITY OF INTERESTS IN THE PROPERTY THE SUBJECT OF THE FEE; TO AMEND SECTION 4-12-40, RELATING TO THE APPLICABILITY AND EFFECTIVE DATES OF FEE IN LIEU OF LEASE AGREEMENTS, SO AS TO FURTHER PROVIDE FOR SUCH APPLICABILITY AND EFFECTIVE DATES; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE THAT THE FEE PROVISIONS ARE AVAILABLE FOR INVESTMENTS EXCEEDING FORTY-FIVE MILLION DOLLARS, TO FURTHER PROVIDE FOR THE DEFINITION OF "CONTROLLED GROUP" AS IT RELATES TO THE FEE, ALLOW CERTAIN QUALIFYING BUSINESSES A THIRTY-YEAR MAXIMUM AGREEMENT AND AN EIGHT-YEAR PERIOD TO MEET MINIMUM INVESTMENT REQUIREMENTS, ALLOW CERTAIN QUALIFYING BUSINESSES TO QUALIFY FOR A THREE PERCENT ASSESSMENT RATIO, ALLOW FOR THE AMENDING OF AGREEMENTS AT ANY TIME WITH RESTRICTIONS, ALLOW A COUNTY TO USE A PORTION OF THE FEE PAYMENT FOR INFRASTRUCTURE IMPROVEMENTS WITHOUT THE REQUIREMENT FOR ISSUING SPECIAL SOURCE REVENUE BONDS, REVISE CERTAIN INTEREST CHARGES, FURTHER PROVIDE FOR THE TRANSFERRING OF AGREEMENTS AND FEE ASSETS, REQUIRE COUNTY APPROVAL BEFORE TRANSFERS, AND PROVIDE FOR OTHER RELATED MATTERS PERTAINING TO FEES IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS.
Rep. FLEMING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4835 -- Reps. Robinson, Herdklotz, Waldrop, Fulmer, Sandifer, Marchbanks, Rice, Haskins, Trotter and Harrell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL EXEMPTION FROM AD VALOREM TAXES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT" FOR "BOATS", TO PROVIDE THE MAXIMUM ASSESSMENT FOR WATERCRAFT THAT ARE EXEMPT FROM AD VALOREM TAXES, AND TO PROVIDE AN AD VALOREM TAX EXEMPTION FOR WATERCRAFT TRAILERS; TO AMEND SECTION 12-37-252, RELATING TO THE CLASSIFICATION AND ASSESSMENT OF PROPERTY QUALIFYING FOR EXEMPTION UNDER SECTION 12-37-250, SO AS TO PROVIDE THAT A PERSON QUALIFYING FOR THIS EXEMPTION ALSO MAY QUALIFY FOR A HOMESTEAD EXEMPT TAX REFUND; TO AMEND SECTION 12-37-275, RELATING TO THE DATE FOR SUBMISSION FOR REQUESTS FOR REIMBURSEMENT FOR CERTAIN UNCOLLECTED TAXES, SO AS TO PROVIDE FOR THE TREATMENT OF ACCOUNTS COVERED BY THIS PROVISION; TO AMEND SECTION 12-37-610, RELATING TO LIABILITY FOR PAYMENT OF PROPERTY TAXES, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO THE VALUATION OF PROPERTY, DEPRECIATION ALLOWANCES FOR MANUFACTURER'S MACHINERY AND EQUIPMENT, AND ADJUSTMENTS IN CERTAIN ALLOWANCES, SO AS TO PROVIDE TECHNICAL CHANGES, SUBSTITUTE "WATERCRAFT AND AIRCRAFT" FOR "BOATS AND AIRPLANES" AND TO PROVIDE THAT THIS PROVISION APPLIES TO CERTAIN WATERCRAFT AND AIRCRAFT; TO AMEND SECTION 12-43-217, AS AMENDED, RELATING TO THE CONDUCTING OF CERTAIN PROPERTY REASSESSMENTS, SO AS TO REVISE THE REASSESSMENT PERIOD; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CERTAIN ASSESSMENT RATIOS FOR PROPERTY SUBJECT TO AD VALOREM TAXATION, PROCEDURES FOR CLAIMING CERTAIN AD VALOREM TAXATION CLASSIFICATIONS AND THE ROLL-BACK OF CERTAIN TAXES, SO AS TO PROVIDE CERTAIN TECHNICAL CHANGES, THAT A TAXPAYER MAY RECEIVE THE FOUR PERCENT ASSESSMENT ON ONE RESIDENCE FOR ANY TAX YEAR, AND THAT STANDING TIMBER WILL NOT BE USED IN DETERMINING FAIR MARKET VALUE FOR CERTAIN REAL PROPERTY; TO AMEND SECTION 12-51-40, AS AMENDED, RELATING TO EXECUTION COSTS, THE LEVY OF A WARRANT OR EXECUTION, A NOTICE OF DELINQUENT TAXES, SEIZURE OF PROPERTY, AND AN ADVERTISEMENT OF SALE, SO AS TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 12-51-55, RELATING TO THE REQUIRED BID ON BEHALF OF FORFEITED LAND COMMISSION WHEN PROPERTY IS SOLD FOR NONPAYMENT OF AD VALOREM TAXES, SO AS TO PROVIDE THE PROCEDURE FOR DISPOSING OF CONTAMINATED REAL PROPERTY; TO AMEND SECTION 12-60-2510, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO REVISE THE DATE WHEN TAX ASSESSMENT NOTICES MUST BE MAILED, AND TO ELIMINATE CERTAIN INFORMATION FROM A PROPERTY TAX ASSESSMENT NOTICE; TO AMEND SECTION 12-60-2910, RELATING TO A REQUEST TO MEET WITH AN AUDITOR REGARDING A PERSONAL PROPERTY TAX ASSESSMENT, AND A WRITTEN PROTEST FOLLOWING THE MEETING, SO AS TO REVISE THE PERIOD WHEN A PERSON MAY MEET WITH AN AUDITOR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5802HTC.96).
Amend the bill, as and if amended, page 5, by striking SECTION 8 and inserting:
/SECTION 8. A. Section 12-43-220(c) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"(c)(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify as a legal residence unless the residence is determined to be the domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence for a tax year. This subsection (c) is not applicable unless the owner of the property or his agents apply therefor to the county assessor on or before the first penalty date for taxes due for the first tax year in which the assessment under this article is made and certify to the following statement: "Under the penalty of perjury I certify that I meet the qualifications for the special assessment ratio for a legal residence for the appropriate tax year".
To qualify for this special assessment ratio, the owner-occupant must have actually occupied the residence, prior to the date of application, for some period during the tax year and remain an owner-occupant at the time of application.
The assessor shall have printed in the local newspaper during the period January through December at least five notices calling to public attention the provisions of filing the application as a prerequisite for claiming this classification. Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before the first penalty date.
No further applications are necessary while the property for which the initial application was made continues to meet the eligibility requirements of this item. The owner shall notify the assessor of any change in use within six months of the change.
If a person signs the certification and is not eligible or thereafter loses eligibility and fails to notify the county assessor within the allotted time, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes.
The governing body of the county concerned as an alternative may elect, determine, and direct that the tax assessor shall determine and designate the various properties to be subject to the special assessment ratio provided in this subsection. Upon the determination by the governing body of the county concerned, no publication of notice is required and no application or other certification is then required.
(2)(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during the applicable tax year and remain in that status at the time of filing the application required by this item.
(ii) This item does not apply unless the owner of the property or the owner's agent applies for the four percent assessment ratio before the first penalty date for the payment of taxes for the tax year for which the owner first claims eligibility for this assessment ratio. In the application the owner or his agent must certify to the following statement:
'Under penalty of perjury I certify that:
(A) the residence which is the subject of this application is my legal residence and where I am domiciled; and
(B) that neither I nor any other member of my household own any other residence in South Carolina which currently receives the owner-occupant four percent assessment ratio.'
(iii) For purposes of subitem (ii)(B) of this item, 'a member of my household' means:
(A) the owner-occupant's spouse, except when that spouse is legally separated from the owner-occupant; and
(B) any child of the owner-occupant claimed or eligible to be claimed as a dependent on the owner-occupant's federal income tax return.
(iv) In addition to the certification, the burden of proof for eligibility for the four percent assessment ratio is on the owner-occupant and the applicant must provide proof the assessor requires, including, but not limited to:
(A) a copy of the owner-occupant's most recently filed South Carolina individual income tax return;
(B) copies of South Carolina motor vehicle registrations for all motor vehicles registered in the name of the owner-occupant.
(C) other proof required by the assessor necessary to determine eligibility for the assessment ratio allowed by this item.
If the assessor determines the owner-occupant ineligible, the six percent property tax assessment ratio applies and the owner-occupant may appeal the classification as provided in Chapter 60 of this title.
(v) A member of the armed forces of the United States on active duty who is a legal resident of and domiciled in another state is nevertheless deemed a legal resident and domiciled in this State for purposes of this item if the member's permanent duty station is in this State. A copy of the member's orders filed with the assessor is considered proof sufficient of the member's permanent duty station.
(vi) No further applications are necessary from the current owner while the property for which the initial application was made continues to meet the eligibility requirements. If a change in ownership occurs, another application is required. The owner shall notify the assessor of any change in classification within six months of the change.
(vii) If a person signs the certification, obtains the four percent assessment ratio, and is thereafter found not eligible, or thereafter loses eligibility and fails to notify the assessor within six months, a penalty is imposed equal to one hundred percent of the tax paid, plus interest on that amount at the rate of one-half of one percent a month, but in no case less than thirty dollars nor more than the current year's taxes. This penalty and any interest are considered ad valorem taxes due on the property for purposes of collection and enforcement.
(viii) Failure to file within the prescribed time constitutes abandonment of the owner's right for this classification for the current tax year, but the local taxing authority may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing before the first penalty date.
(3) Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes paid overpaid when because the property could have been taxed at was eligible for the legal residence assessment ratio, as is provided for above. The application must be made in accordance with Section 12-60-2560. The taxpayer must establish that the property in question was in fact his legal residence and where he was domiciled. A county council may, by ordinance, may allow refunds for the county government portion of property taxes for such additional past years as it determines advisable.
(4) A legal residence qualifying for the four percent assessment ratio provided by this item must have an assessed value of not less than one hundred dollars."
B. Subsection A of this section is effective for tax years beginning after 1996 and applies for changes in ownership or classification occurring after 1996./
Renumber sections to conform.
Amend title to conform.
Rep. McKAY explained the amendment.
Rep. McTEER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Reps. SHEHEEN and HODGES proposed the following Amendment No. 1 (Doc Name H-MEMBER\B21\1).
Amend the bill, as and if amended, BY THE SENATE:
SECTION 1, PART I IS AMENDED TO READ:
SECTION 1: amend the first sentence of this part to read " A. The State Election Commission shall conduct a statewide referendum on November 5, 1996 on the question of raising the sales tax in order to provide personal property automobile tax relief."
amend the referendum question to read: "Do you favor raising the statewide sales, use and casual excise tax rate from five to six percent to set aside the proceeds of the additional one percent to provide for personal property automobile tax relief, with the definition of "personal property automobile tax" being defined as tax levied on private passenger cars or pickup trucks."
amend further by striking Sections 2,3,4,8,9,and 10 of Part I.
amend further by striking Part II, Part III, Part IV, and Part V.
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN moved to adjourn debate upon the amendment, which was adopted.
The SPEAKER granted Rep. THOMAS a leave of absence for the remainder of the day.
Reps. WILKINS, D. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22651HTC.96).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-142. (A) The governing body of a county may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly in a prior act, by this section, or in a future act.
The governing body of a county may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. This referendum must be called by a majority vote of the governing body of the county. The referendum must be held only in that portion of the county where the rates of such charges are to be raised. This subsection does not apply to the vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the county except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D)(1) Notwithstanding any other provision of law, the governing body of a county may by ordinance impose a uniform service charge on accommodations provided transients and on food and beverages by facilities engaged in selling food for consumption on the premises and/or by establishments licensed for on-premises consumption of alcohol, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. The charges on accommodations authorized by this subsection cannot be imposed in an incorporated area of the county without the approval of a two-thirds majority of the governing body of the affected municipality, and the charges on food and beverages authorized by this subsection cannot be imposed in an incorporated area of the county. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The referendum must be held only in that portion of the county where the charges are to be imposed or rates of such charges raised. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2)(a) The revenues of the charges authorized by this subsection may be used only for:
(i) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(ii) cultural, recreational, or historical facilities;
(iii) beach access and renourishment;
(iv) highways, roads, streets, and bridges providing access to tourist destinations; and
(v) advertisements and promotion related to tourism development.
(b) In counties where at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the county enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total county property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-in-lieu property within the county."
SECTION 2. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
"Section 5-21-70. (A) The governing body of a municipality may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly in a prior act; by this section; or in a future act.
The governing body of a municipality may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency; or
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the municipality except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D)(1) Notwithstanding any other provision of law, the governing body of a municipality by ordinance may impose a uniform service charge on accommodations provided transients within the municipality and on food and beverages served by facilities located in the municipality engaged in selling food for consumption on the premises and/or by establishments located in the municipality licensed for on-premises consumption of alcohol, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, if a municipality has approved, by a two-thirds vote of its governing body, the imposition by a county of a charge on accommodations within the municipality, the aggregate county and municipal rate on accommodations shall not exceed three percent of the measure of the charge. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the municipality voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2)(a) The revenues of the charges authorized by this subsection may be used only for:
(i) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(ii) cultural, recreational, or historical facilities;
(iii) beach access and renourishment;
(iv) highways, roads, streets, and bridges providing access to tourist destinations; and
(v) advertisements and promotion related to tourism development.
(b) In counties where at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the municipality enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessed values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total municipal property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-in-lieu property within the municipality."
SECTION 3. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) A governing body authorized by law to levy special purpose or public service district taxes may not impose any new tax after December 31, 1995, unless specifically authorized by the General Assembly in a prior act, by this section; or in a future act.
A governing body authorized by law to levy special purpose or public service district taxes may not increase tax rates or uniform service charges, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Notwithstanding any provision of the law, tax and uniform service charge rates may be further increased upon a two-thirds vote of a governing body of a special purpose or public service district. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly requires a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes except that if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(D) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total special purpose or public service district property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-on-lieu property within the special purpose or public service district.
(F) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a governing body authorized by law to levy special purpose or public service district taxes to the extent those limitations are more restrictive than the provisions of this section."
SECTION 4. Chapter 73, Title 59 of the 1976 Code is amended by adding:
"Section 59-73-35. (A) The governing body authorized by law to levy school taxes may not impose any new tax after December 31, 1995, unless specifically authorized by the General Assembly. The governing body authorized by law to levy school taxes may not increase tax rates above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030;
(3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(4) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(5) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Notwithstanding any provision of the law, rates may be further increased upon a two-thirds vote of the governing body authorized by law to levy school taxes. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly requires a two-thirds vote of the governing body authorized to levy school taxes except that if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(D) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body authorized by law to levy school taxes. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total school district property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-on-lieu property within the school district.
(F) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a governing body authorized to levy school taxes to the extent those limitations are more restrictive than the provisions of this section. For purposes of this section, the 'governing body authorized by law to levy school taxes' does not include the General Assembly."
SECTION 5. That portion of Section 4-9-30(5)(a) of the 1976 Code before subitem (i) is amended to read:
"(a) to assess property and levy ad valorem property taxes and uniform service charges, including the power to tax different areas at different rates related to the nature and level of governmental services provided and make appropriations for functions and operations of the county, including, but not limited to, appropriations for general public works, including roads, drainage, street lighting, and other public works; water treatment and distribution; sewage collection and treatment; courts and criminal justice administration; correctional institutions; public health; social services; transportation; planning; economic development; recreation; public safety, including police and fire protection, disaster preparedness, regulatory code enforcement; hospital and medical care; sanitation, including solid waste collection and disposal; elections; libraries; and to provide for the regulation and enforcement of the above them. However, prior to before the creation of a special tax district for the purposes enumerated in this item, one of the following procedures is required:"
SECTION 6. Section 4-9-30 of the 1976 Code, as last amended by Act 405 of 1994, is further amended by adding after item (5) and before item (6):
"(5.1) to levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to the requirements of this item."
SECTION 7. Section 5-7-30 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Section 5-7-30. Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such the contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall does not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he the wholesaler maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor or a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both.
For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, a municipality may levy a surtax upon the business license of a person doing business in a designated area in an amount not to exceed fifty percent of the current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. The area must be designated by council only after a petition is submitted by not less than two-thirds of the persons paying a business license tax in the area and who paid not less than one-half of the total business license tax collected for the preceding calendar year requesting the designation of the area. The business within the designated area which is providing twenty-five or more parking spaces for customer use is required to pay not more than twenty-five percent of a surtax levied pursuant to the provisions of this paragraph.
The municipality may levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to these requirements."
SECTION 8. Section 4-29-67 of the 1976 Code, as last amended by Act 32 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) The provisions of Sections 4-9-142, 5-21-70, 6-1-60 and 59-73-35 do not apply with respect to calculating the fee in lieu of taxes allowed pursuant to this section and Chapter 12 of this title."
SECTION 9. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. Municipalities, counties, school districts, or special purpose districts may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."
B. Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this act, the governing body of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:
(1) the end of the entity's current fiscal year as of the effective date of this section; or
(2) January 1, 1997.
C. This section takes effect upon approval by the Governor.
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 2, Rep. WILKINS having the floor.
The House stood at ease subject to the call of Chair.
At 11:59 A.M. the House resumed, the SPEAKER in the Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4797 -- Reps. Stoddard, Inabinett, Littlejohn and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, THE WIL LOU GRAY OPPORTUNITY SCHOOL, WINTHROP UNIVERSITY, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1996 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED, AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.
The President recognized Rep. STODDARD, Chairman of the Joint Screening Committee.
The President announced that nominations were in order for two members for the Citadel Board of Visitors, At-Large Seats.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Col. Leonard C. Fulghum, Jr., J. Palmer Gaillard, III, Douglas A. Snyder, and Zavier Starkes.
Rep. STODDARD stated that Zavier Starkes had withdrawn from the contest.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Fulghum:
Alexander Boan Bryan Courtney Drummond Elliott Giese Glover Holland Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rose Saleeby Setzler Short Smith, G. Smith, J.V. Washington
The following named Senators voted for Mr. Gaillard:
Cork Courson Fair Ford Glover Gregory Hayes Land Lander Leventis McConnell Mescher Passailaigue Rankin Reese Rose Ryberg Smith, G. Thomas Waldrep Wilson
The following named Senators voted for Mr. Snyder:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Gregory Hayes Holland Jackson* Land Lander Leatherman Martin Matthews McGill Moore O'Dell Patterson Peeler Rankin Reese Ryberg Saleeby Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Fulghum:
Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Elliott Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Hines, J. Hodges Howard Hutson Inabinett Keegan Kennedy Kirsh Koon Lanford Law Limehouse Lloyd Marchbanks McAbee McCraw McElveen McKay McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Wofford Worley Young
The following named Representatives voted for Mr. Gaillard:
Allison Anderson Askins Breeland Brown, T. Cain Cato Cave Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Felder Fulmer Hallman Harrell Harvin Herdklotz Hines, M. Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Lee Limbaugh Limehouse Littlejohn Loftis Martin Mason McCraw McElveen McTeer Meacham Neal Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Shissias Simrill Spearman Stille Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Whipper, L. Whipper, S. Wilder Wilkes Wilkins Williams Witherspoon Worley Wright Young-Brickell
The following named Representatives voted for Mr. Snyder:
Allison Anderson Bailey Baxley Boan Brown, H. Brown, J. Byrd Cain Canty Carnell Cato Chamblee Clyburn Cotty Cromer Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Harris, J. Harris, P. Harrison Herdklotz Hines, J. Hines, M. Howard Jaskwhich Jennings Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McKay McMahand Meacham Moody-Lawrence Neilson Quinn Rice Richardson Riser Robinson Rogers Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells White Wilkins Witherspoon Wofford Wright Young Young-Brickell
Total number of Senators voting 43
Total number of Representatives voting 120
Grand Total 163
Necessary to a choice 82
Of which Mr. Fulghum received 105
Of which Mr. Gaillard received 97
Of which Mr. Snyder received 121
Whereupon, the President announced that Col. Leonard C. Fulghum and Mr. Douglas A. Snyder were duly elected for the term prescribed by law.
The President announced that nominations were in order for three at-large seats on the Clemson University Board of Trustees.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: T. Moffatt Burriss, Joel W. Collins, Jr., Louis B. Lynn, Davis T. Moorhead, Howard N. Rawl, Virginia C. Skelton, Wiliam C. Smith, Jr., and Allen P. Wood.
Rep. STODDARD stated that T. Moffatt Burriss, Davis T. Moorhead, Howard N. Rawl, and Virginia C. Skelton had withdrawn from the contest.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Collins:
Courson Leventis Saleeby Setzler Waldrep Wilson
The following named Senators voted for Mr. Lynn:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Short Smith, G. Smith, J.V. Thomas Washington
The following named Senators voted for Mr. Smith:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Wood:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Collins:
Delleney Howard Jaskwhich Mason Quinn Rogers Sheheen Wilkes
The following named Representatives voted for Mr. Lynn:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Mr. Smith:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Felder Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Mr. Wood:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Hodges Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Total number of Senators voting 43
Total number of Representatives voting 120
Grand Total 163
Necessary to a choice 82
Of which Mr. Collins received 14
Of which Mr. Lynn received 157
Of which Mr. Smith received 155
Of which Mr. Wood received 157
Whereupon, the President announced that Louis B. Lynn, William C. Smith, Jr. and Allen P. Wood were duly elected for the term prescribed by law.
The President announced that nominations were in order for the First Congressional District, Seat 2.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Cherry Daniel and John B. Williams.
Rep. STODDARD stated that John B. Williams had withdrawn from the contest.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Cherry Daniel was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Congressional District, Seat 4.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Joel H. Smith.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Joel H. Smith was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Third Congressional District, Seat 6.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: J. Philip Bell.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that J. Philip Bell was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Congressional District, Seat 8.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Merl F. Code.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Merl F. Code was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifth Congressional District, Seat 10.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: J. Vincent Price, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that J. Vincent Price, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Congressional District, Seat 12.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Marie M. Land.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Marie M. Land was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-Large District, Seat 14.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Timothy N. Dangerfield.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Timothy N. Dangerfield was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the First Congressional District, Seat 2.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: J. Michael Murphree.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that J. Michael Murphree was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Congressional District, Seat 4.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Gail Richardson.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Gail Richardson was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Third Congressional District, Seat 6.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: William A. Collins.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that William A. Collins was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Congressional District, Seat 8.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Alex Kiriakides III.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Alex Kiriakides III was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifth Congressional District, Seat 10.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Lorraine H. Knight.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Lorraine H. Knight was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Congressional District, Seat 12.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: William W. Coleman, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that William W. Coleman, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-large District, Seat 14.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: M. Russell Holliday, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that M. Russell Holliday, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the First Congressional District, Seat 2.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Nancy J. Cash.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Nancy J. Cash was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Congressional District, Seat 4.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: George R. Starnes.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that George R. Starnes was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Third Congressional District, Seat 6.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Jean T. McFerrin.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Jean T. McFerrin was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Congressional District, Seat 8.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: C. Tyrone Gilmore.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that C. Tyrone Gilmore was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifth Congressional District, Seat 10.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: S. Anne Walker.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that S. Anne Walker was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Congressional District, Seat 12.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Walter D. Smith.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Walter D. Smith was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-large District, Seat 14.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Ann B. Bowen and Glenas Delois Green.
Rep. STODDARD stated that Ms. Green had withdrawn from the contest.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Ann B. Bowen was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Congressional District, Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Dr. Charles B. Thomas, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dr. Charles B. Thomas, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifth Congressional District, Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Dr. Cotesworth P. Fishburne, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dr. Cotesworth P. Fishburne, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Congressional District, Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Dr. E. Conyers O'Bryan.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Dr. E. Conyers O'Bryan was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the First Congressional District, Non-Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening committee, stated that the following candidate had been screened and found qualified: Melvyn Berlinsky.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Melvyn Berlinsky was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Congressional District, Non-Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening committee, stated that the following candidate had been screened and found qualified: H. Donald McElveen.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that H. Donald McElveen was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Third Congressional District, Non-Medical Profession.
Rep. STODDARD, on behalf of the Joint Screening committee, stated that the following candidates had been screened and found qualified: Jack F. McIntosh and Fred Moore.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. McIntosh:
Alexander Boan Cork Courson Courtney Drummond Elliott Ford Giese Glover Gregory Hayes Leatherman Martin McGill Mescher Passailaigue Patterson Peeler Rose Russell Ryberg Setzler Short Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Moore:
Fair Holland Land Lander Leventis Matthews McConnell Moore O'Dell Rankin Reese Saleeby Smith, G.
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. McIntosh:
Anderson Askins Baxley Boan Breeland Byrd Canty Cave Dantzler Govan Harris, P. Harrison Herdklotz Hines, J. Howard Hutson Inabinett Keyserling Lanford Limbaugh Littlejohn Lloyd Marchbanks McElveen McTeer Neilson Rogers Sheheen Tucker Waldrop Whipper, L. White Wilder
The following named Representatives voted for Mr. Moore:
Allison Bailey Brown, J. Cain Carnell Cato Chamblee Clyburn Cobb-Hunter Cooper Easterday Elliott Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Hines, M. Hodges Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Lee Limehouse Loftis Mason McAbee McCraw McKay McMahand Meacham Moody-Lawrence Neal Phillips Rice Richardson Riser Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
Total number of Senators voting 42
Total number of Representatives voting 107
Grand Total 149
Necessary to a choice 75
Of which Mr. McIntosh received 62
Of which Mr. Moore received 87
Whereupon, the President announced that Mr. Fred Moore was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-Large District, Seat 11.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: John Williams, Jr.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that John Williams, Jr. was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the At-Large District, Seat 12.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Walter L. Salters and Johnnie M. Smith.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Salters:
Alexander Bryan Cork Courtney Elliott Ford Glover Hayes Holland Land Lander Leatherman Leventis Matthews McGill Mescher Moore O'Dell Passailaigue Patterson Rankin Reese Rose Saleeby Setzler Short Smith, G. Washington
The following named Senators voted for Mr. Smith:
Boan Courson Drummond Fair Giese Gregory Martin McConnell Peeler Russell Ryberg Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Salters:
Askins Bailey Breeland Brown, H. Brown, T. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Elliott Felder Fulmer Govan Hallman Harrell Harris, J. Harvin Hines, J. Hines, M. Hodges Howard Hutson Inabinett Jennings Kelley Kennedy Keyserling Kinon Kirsh Klauber Law Lloyd Mason McAbee McTeer Moody-Lawrence Neal Neilson Rhoad Riser Rogers Scott Seithel Sheheen Shissias Smith, R. Spearman Stille Stoddard Tucker Whatley Whipper, L. Whipper, S. White Wilkes Williams Witherspoon Wofford Worley
The following named Representatives voted for Mr. Smith:
Allison Anderson Boan Brown, J. Cain Cato Davenport Easterday Gamble Harris, P. Harrison Herdklotz Jaskwhich Keegan Knotts Lanford Lee Limbaugh Limehouse Littlejohn Loftis Marchbanks McKay McMahand Meacham Rice Richardson Robinson Sandifer Simrill Smith, D. Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Wilder Wilkins Wright Young Young-Brickell
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 78
Of which Mr. Salters received 95
Of which Mr. Smith received 59
Whereupon, the President announced that Walter L. Salters was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Second Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Patrick D. Cunning and Miles Loadholt.
Rep. STODDARD stated that Patrick D. Cunning had withdrawn from the contest.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Miles Loadholt was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: J. DuPre Miller.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that J. DuPre Miller was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: James Bradley.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that James Bradley was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Eighth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Herbert C. Adams.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Herbert C. Adams was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fourteenth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Helen C. Harvey.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Helen C. Harvey was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Fifteenth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: M. Wayne Staton.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that M. Wayne Staton was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Sixteenth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidate had been screened and found qualified: Samuel R. Foster, II.
On motion of Rep. STODDARD, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Samuel R. Foster, II was duly elected for the term prescribed by law.
The President announced that nominations were in order for a member for the Tenth Judicial Circuit.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Brian A. Comer and Robert N. McLellan.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Comer:
Cork Glover Gregory Holland Leventis O'Dell Peeler Rankin Waldrep
The following named Senators voted for Mr. McLellan:
Alexander Boan Bryan Courson Courtney Drummond Elliott Fair Ford Giese Hayes Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore Passailaigue Patterson Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Washington Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Comer:
Baxley Breeland Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Elliott Govan Harris, P. Hines, J. Hines, M. Howard Jennings Kennedy Limbaugh Martin McAbee McCraw Meacham Moody-Lawrence Neal Rogers Shissias Simrill Smith, D. Spearman Townsend Tucker Whipper, S. Witherspoon
The following named Representatives voted for Mr. McLellan:
Allison Anderson Askins Bailey Brown, H. Brown, J. Cain Carnell Cato Dantzler Davenport Delleney Easterday Felder Fleming Hallman Harrell Harris, J. Harrison Harvin Herdklotz Hutson Inabinett Jaskwhich Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limehouse Lloyd Loftis Marchbanks Mason McElveen McKay McMahand McTeer Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Smith, R. Stille Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Wofford Worley Wright Young Young-Brickell
Total number of Senators voting 43
Total number of Representatives voting 111
Grand Total 154
Necessary to a choice 78
Of which Mr. Comer received 42
Of which Mr. McLellan received 112
Whereupon, the President announced that Mr. Robert N. McLellan was duly elected for the term prescribed by law.
As a part-time employee of the University of South Carolina, I did not vote in the election of trustees for the University.
Rep. MARGARET J. GAMBLE
The President announced that nominations were in order for four members, at-large seats.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dr. Marvin Efron, Wilhelmina McBride, Mary F. "Frankie" Newman, Suzanne Turner Reynolds and Olive Wilson.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Mr. Efron:
Boan Bryan Cork Courson Courtney Elliott Giese Glover Hayes Holland Land Lander Leatherman Martin Matthews Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Thomas Waldrep Washington Wilson
The following named Senators voted for Ms. McBride:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The following named Senators voted for Ms. Newman:
Alexander Bryan Cork Courson Drummond Elliott Fair Ford Giese Glover Gregory Hayes Leatherman McConnell Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Wilson
The following named Senators voted for Ms. Reynolds:
Alexander Boan Cork Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Short Smith, J.V. Thomas Waldrep Washington
The following named Senators voted for Mr. Wilson:
Alexander Boan Bryan Courson Courtney Drummond Fair Ford Gregory Holland Land Lander Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Saleeby Setzler Smith, G. Smith, J.V. Waldrep Washington Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Efron:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Cave Chamblee Clyburn Cotty Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harvin Hines, J. Hines, M. Howard Hutson Inabinett Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Littlejohn Marchbanks Martin Mason McAbee McKay McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young Young-Brickell
The following named Representatives voted for Ms. McBride:
Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Waldrop Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young
The following named Representatives voted for Ms. Newman:
Allison Askins Bailey Boan Breeland Brown, H. Brown, J. Byrd Cain Cato Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Elliott Felder Fulmer Gamble Govan Hallman Harris, P. Herdklotz Hines, J. Hines, M. Howard Inabinett Keegan Kelley Keyserling Kinon Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd McCraw McKay McMahand McTeer Phillips Rhoad Richardson Riser Sandifer Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stuart Townsend Vaughn Waldrop Whatley Whipper, L. Whipper, S. Wilkes Wilkins Williams Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Ms. Reynolds:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Byrd Cain Canty Cato Cave Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Jennings Keegan Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Young Young-Brickell
The following named Representatives voted for Mr. Wilson:
Anderson Baxley Cave Chamblee Cooper Easterday Fleming Harrell Harris, P. Harvin Herdklotz Hutson Inabinett Kennedy Kirsh Limehouse Lloyd Loftis Mason McAbee Meacham Moody-Lawrence Rice Robinson Simrill Stille Stoddard Townsend Tripp Trotter Tucker Vaughn Walker Wells White Wilder Williams
Total number of Senators voting 43
Total number of Representatives voting 113
Grand Total 156
Necessary to a choice 79
Of which Mr. Efron received 128
Of which Ms. McBride received 154
Of which Ms. Newman received 97
Of which Ms. Reynolds received 139
Of which Mr. Wilson received 69
Whereupon, the President announced that Dr. Marvin Efron, Wilhelmina McBride, Mary F. "Frankie" Newman and Suzanne Turner Reynolds were duly elected for the term prescribed by law.
The President announced that nominations were in order for two members, at-large seats.
Rep. STODDARD, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Jane C. Shuler, Walter H. Smith, and David A. White.
On motion of Rep. STODDARD, nominations were closed.
The following named Senators voted for Ms. Shuler:
Alexander Boan Bryan Cork Courtney Drummond Elliott Fair Ford Giese Glover Gregory Hayes Holland Land Lander Leventis Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Thomas Waldrep Washington Wilson
The following named Senators voted for Mr. Smith:
Courson Giese Leatherman Leventis Mescher Smith, J.V.
The following named Senators voted for Mr. White:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Fair Ford Glover Gregory Hayes Holland Land Lander Leatherman Martin Matthews McConnell McGill Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Rose Russell Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Ms. Shuler:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, H. Brown, J. Byrd Cain Canty Cato Cave Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Easterday Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Herdklotz Hines, J. Hines, M. Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young Young-Brickell
The following named Representatives voted for Mr. Smith:
Baxley Cromer Delleney Felder Harrison Harvin Howard Jennings Kirsh Limbaugh McKay Quinn Rogers Shissias Spearman Whipper, S. Williams
The following named Representatives voted for Mr. White:
Allison Anderson Askins Bailey Boan Breeland Brown, H. Brown, J. Brown, T. Byrd Cain Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Herdklotz Hines, J. Hines, M. Hutson Inabinett Keegan Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Lee Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Total number of Senators voting 43
Total number of Representatives voting 117
Grand Total 160
Necessary to a choice 81
Of which Ms. Shuler received 149
Of which Mr. Smith received 23
Of which Mr. White received 136
Whereupon, the President announced that Ms. Jane C. Shuler and David A. White were duly elected for the term prescribed by law.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.
The President of the Senate recognized Rep. DELLENEY, Chairman of the Joint Judicial Screening Committee.
Rep. DELLENEY, on behalf of the Joint Judicial Screening Committee, stated that the following candidates had been screened and found qualified: Gary E. Clary, Ruben L. Gray, and William L. Howard.
Rep. TUCKER seconded the nomination of Mr. Gary E. Clary.
On motion of Rep. DELLENEY, nominations were closed.
The following named Senators voted for Mr. Clary:
Bryan Courtney Fair Giese Hayes Martin O'Dell Peeler Reese Russell
The following named Senators voted for Mr. Gray:
Ford Glover Holland Land Leventis Matthews McGill Moore Patterson Rankin Washington
The following named Senators voted for Mr. Howard:
Alexander Cork Courson Drummond Elliott Gregory Lander Leatherman McConnell Mescher Passailaigue Rose Ryberg Saleeby Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clary:
Allison Boan Cato Cooper Davenport Delleney Easterday Fleming Gamble Harrison Herdklotz Jaskwhich Klauber Lanford Limbaugh Littlejohn Loftis Mason McAbee McCraw Meacham Phillips Quinn Riser Robinson Sandifer Sharpe Simrill Smith, D. Spearman Tripp Tucker Vaughn Waldrop Walker Wells Wilder Wilkins
The following named Representatives voted for Mr. Gray:
Anderson Askins Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harris, P. Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lee Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Rogers Scott Stoddard Whipper, L. Whipper, S. White Williams Young
The following named Representatives voted for Mr. Howard:
Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks McKay Neilson Rhoad Rice Richardson Seithel Sheheen Shissias Smith, R. Stille Stuart Trotter Whatley Wilkes Witherspoon Wofford Worley Wright Young-Brickell
Total number of Senators voting 42
Total number of Representatives voting 118
Grand Total 160
Necessary to a choice 81
Of which Mr. Clary received 48
Of which Mr. Gray received 47
Of which Mr. Howard received 65
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
The following named Senators voted for Mr. Clary:
Bryan Courtney Fair Giese Martin O'Dell Peeler Reese Russell
The following named Senators voted for Mr. Gray:
Ford Glover Holland Land Leventis Matthews McGill Moore Patterson Saleeby Washington
The following named Senators voted for Mr. Howard:
Alexander Cork Courson Drummond Elliott Gregory Hayes Lander Leatherman McConnell Mescher Passailaigue Rankin Rose Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clary:
Allison Boan Cato Cooper Davenport Delleney Easterday Fleming Gamble Harris, P. Harrison Herdklotz Jaskwhich Klauber Lanford Limbaugh Littlejohn Loftis Mason McAbee McCraw Phillips Quinn Riser Sandifer Sharpe Smith, D. Spearman Stoddard Townsend Tucker Vaughn Waldrop Walker Wells Wilder Wilkins
The following named Representatives voted for Mr. Gray:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lee Lloyd McElveen McMahand Moody-Lawrence Neal Neilson Rogers Scott Sheheen Whipper, L. Whipper, S. White Williams Young
The following named Representatives voted for Mr. Howard:
Askins Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks Martin McKay McTeer Meacham Rhoad Rice Richardson Robinson Seithel Shissias Simrill Smith, R. Stille Stuart Tripp Trotter Whatley Wilkes Witherspoon Wofford Worley Wright Young-Brickell
Total number of Senators voting 42
Total number of Representatives voting 119
Grand Total 161
Necessary to a choice 81
Of which Mr. Clary received 46
Of which Mr. Gray received 44
Of which Mr. Howard received 71
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
The following named Senators voted for Mr. Clary:
Bryan Courtney Fair Giese Martin O'Dell Peeler Reese Russell
The following named Senators voted for Mr. Gray:
Ford Glover Holland Land Leventis Matthews McGill Moore Patterson Saleeby Washington
The following named Senators voted for Mr. Howard:
Alexander Cork Courson Drummond Elliott Gregory Hayes Lander Leatherman McConnell Mescher Passailaigue Rankin Rose Ryberg Setzler Short Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. SHEHEEN, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Clary:
Allison Boan Cato Cooper Delleney Easterday Fleming Gamble Harrison Herdklotz Jaskwhich Klauber Lanford Limbaugh Littlejohn Loftis Mason McCraw Meacham Phillips Quinn Riser Rogers Sandifer Sharpe Simrill Smith, D. Spearman Stoddard Townsend Tripp Tucker Vaughn Waldrop Walker Wells Wilder Wilkins
The following named Representatives voted for Mr. Gray:
Anderson Baxley Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Jennings Lee Lloyd McElveen McMahand Moody-Lawrence Neal Robinson Scott Whipper, L. Whipper, S. White Williams Young
The following named Representatives voted for Mr. Howard:
Askins Bailey Brown, H. Cain Chamblee Cotty Cromer Dantzler Davenport Elliott Felder Fulmer Hallman Harrell Harris, J. Hodges Hutson Keegan Kelley Keyserling Kinon Kirsh Knotts Koon Law Limehouse Marchbanks Martin McKay McTeer Neilson Rhoad Rice Richardson Seithel Sheheen Shissias Smith, R. Stille Stuart Trotter Whatley Wilkes Witherspoon Wofford Worley Wright Young-Brickell
Total number of Senators voting 42
Total number of Representatives voting 115
Grand Total 157
Necessary to a choice 79
Of which Mr. Clary received 47
Of which Mr. Gray received 40
Of which Mr. Howard received 70
Whereupon, the President announced that none of the candidates having received the necessary vote, the Joint Assembly would proceed to the next ballot.
Rep. CANTY withdrew Mr. Gray as a candidate.
Rep. D. SMITH withdrew Mr. Clary as a candidate.
Whereupon, the President announced that the Honorable William L. Howard was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:20 P.M. the House resumed, the SPEAKER in the Chair.
Rep. RICHARDSON moved that the House recede until 3:30 p.m., which was rejected by a division vote of 47 to 50.
Rep. SCOTT moved that the House do now adjourn, which was rejected by a division vote of 38 to 65.
Rep. YOUNG-BRICKELL moved that the House recede until 3:35 p.m., which was adopted.
At 3:35 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The SPEAKER granted Reps. BAXLEY, BOAN, J. HINES and NEILSON a leave of absence for the remainder of the day to attend Rep. G. BROWN's mother's funeral.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 2, Rep. WILKINS having the floor.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Reps. WILKINS, D. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22651HTC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 9, Title 4 of the 1976 Code is amended by adding:
"Section 4-9-142. (A) The governing body of a county may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly in a prior act, by this section, or in a future act.
The governing body of a county may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Existing tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. Additionally, no supermajority is required to further increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the increased rate of the existing charge. This referendum must be called by a majority vote of the governing body of the county. The referendum must be held only in that portion of the county where the rates of such charges are to be raised. This subsection does not apply to the vote of a county council in the preparation or adoption of the budget of a school district that is not fiscally autonomous.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the county except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D)(1) Notwithstanding any other provision of law, the governing body of a county may by ordinance impose a uniform service charge on accommodations provided transients and on food and beverages by facilities engaged in selling food for consumption on the premises and/or by establishments licensed for on-premises consumption of alcohol, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. The charges on accommodations authorized by this subsection cannot be imposed in an incorporated area of the county without the approval of a two-thirds majority of the governing body of the affected municipality, and the charges on food and beverages authorized by this subsection cannot be imposed in an incorporated area of the county. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the county voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The referendum must be held only in that portion of the county where the charges are to be imposed or rates of such charges raised. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2)(a) The revenues of the charges authorized by this subsection may be used only for:
(i) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(ii) cultural, recreational, or historical facilities;
(iii) beach access and renourishment;
(iv) highways, roads, streets, and bridges providing access to tourist destinations; and
(v) advertisements and promotion related to tourism development.
(b) In counties where at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the county enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total county property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-in-lieu property within the county."
SECTION 2. Article 1, Chapter 21, Title 5 of the 1976 Code is amended by adding:
"Section 5-21-70. (A) The governing body of a municipality may not impose any new tax after December 31, 1995, unless the tax is specifically authorized by the General Assembly in a prior act; by this section; or in a future act.
The governing body of a municipality may not increase tax or uniform service charge rates, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the Consumer Price Index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency; or
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Except as provided in subsection (D) and notwithstanding any provision of law, tax and uniform service charge rates may be further increased only upon a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly by general law or a new uniform service charge requires a two-thirds vote of the governing body of the municipality except that if the governing body is comprised of fewer than six members or more than twelve members, a three-fifths majority is required.
(D)(1) Notwithstanding any other provision of law, the governing body of a municipality by ordinance may impose a uniform service charge on accommodations provided transients within the municipality and on food and beverages served by facilities located in the municipality engaged in selling food for consumption on the premises and/or by establishments located in the municipality licensed for on-premises consumption of alcohol, beer, or wine. The maximum rate that may be imposed on accommodations is three percent of the measure of the charge and in the case of food and beverages, one percent of the measure of the charge. However, if a municipality has approved, by a two-thirds vote of its governing body, the imposition by a county of a charge on accommodations within the municipality, the aggregate county and municipal rate on accommodations shall not exceed three percent of the measure of the charge. The charges authorized by this subsection may be imposed or raised only in the manner provided in subsection (C) except that no supermajority is required to impose or increase the rate of the charges specifically authorized by this subsection if, in a referendum held for this purpose, a majority of the qualified electors of the municipality voting in the referendum approve the imposition of the new charge or the increased rate of the existing charge. The maximum rates provided in this subsection may not be exceeded regardless of the method of imposition.
(2)(a) The revenues of the charges authorized by this subsection may be used only for:
(i) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(ii) cultural, recreational, or historical facilities;
(iii) beach access and renourishment;
(iv) highways, roads, streets, and bridges providing access to tourist destinations; and
(v) advertisements and promotion related to tourism development.
(b) In counties where at least nine hundred thousand dollars in accommodations taxes is collected annually pursuant to Section 12-36-920, the revenues of the charges also may be used for the operation and maintenance of those items provided in (i) through (v) including, police, fire protection, emergency medical service, and emergency preparedness operations directly attendant to these facilities.
(3) Nothing in this subsection may be construed as authorizing additional charges on accommodations and food and beverages when the governing body of the municipality enacted before 1996 taxes, fees, or uniform service charges on these items measured substantially in the same manner. To the extent that the maximum charge rates authorized in this subsection have not been exceeded in cumulative local impositions occurring before 1996, any rate increases are allowed only as provided in this subsection.
(E) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessed values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total municipal property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-in-lieu property within the municipality."
SECTION 3. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) A governing body authorized by law to levy special purpose or public service district taxes may not impose any new tax after December 31, 1995, unless specifically authorized by the General Assembly in a prior act, by this section; or in a future act.
A governing body authorized by law to levy special purpose or public service district taxes may not increase tax rates or uniform service charges, excluding utilities, imposed for any purposes above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(4) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Notwithstanding any provision of the law, tax and uniform service charge rates may be further increased upon a two-thirds vote of a governing body of a special purpose or public service district. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly requires a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes except that if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(D) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total special purpose or public service district property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-on-lieu property within the special purpose or public service district.
(F) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a governing body authorized by law to levy special purpose or public service district taxes to the extent those limitations are more restrictive than the provisions of this section."
SECTION 4. Chapter 73, Title 59 of the 1976 Code is amended by adding:
"Section 59-73-35. (A) The governing body authorized by law to levy school taxes may not impose any new tax after December 31, 1995, unless specifically authorized by the General Assembly. The governing body authorized by law to levy school taxes may not increase tax rates above the rates imposed for such purposes for the prior tax year. However, rates may be increased by the percentage increase in the consumer price index based upon the southeastern average. Notwithstanding the limitations contained in this subsection, rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor. However, upon revocation of the declared emergency or as soon as conditions or operations change to the extent the emergency no longer exists, millage rates and service charge rates must return to the rates immediately preceding the emergency;
(2) to meet the minimum required local Education Finance Act inflation factor as projected by the State Budget and Control Board, Division of Research and Statistics, and the per pupil maintenance of effort requirement of Section 59-21-1030;
(3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution;
(4) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment; or
(5) millage which is levied to pay bonded indebtedness or payments for real property purchased using a lease-purchase agreement or used to maintain a reserve account. Nothing in this section prohibits the use of energy saving performance contracts as provided in Section 48-52-670.
(B) Notwithstanding any provision of the law, rates may be further increased upon a two-thirds vote of the governing body authorized by law to levy school taxes. However, if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(C) The imposition of a new tax expressly authorized by the General Assembly requires a two-thirds vote of the governing body authorized to levy school taxes except that if the governing body has fewer than six members or more than twelve members, a three-fifths vote is required.
(D) For the tax year of implementation of the values determined by a countywide equalization and reassessment program, the millage rate for all real and personal property must not exceed the rollback millage, as defined in this subsection, except that the rollback millage may be increased by the percentage increase in the consumer price index, based on the southeastern average, for the year immediately preceding the year the reassessment values are implemented. The millage rate may be further increased during the year of implementation of reassessment values upon a two-thirds vote of the governing body authorized by law to levy school taxes. However, if the governing body has fewer than six members, a three-fifths vote is required. For purposes of this subsection, the rollback millage rate is computed by dividing the total school district property tax collections for the prior year by the new reassessment tax base for all property subject to tax and all fee-on-lieu property within the school district.
(F) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a governing body authorized to levy school taxes to the extent those limitations are more restrictive than the provisions of this section. For purposes of this section, the 'governing body authorized by law to levy school taxes' does not include the General Assembly."
SECTION 5. That portion of Section 4-9-30(5)(a) of the 1976 Code before subitem (i) is amended to read:
"(a) to assess property and levy ad valorem property taxes and uniform service charges, including the power to tax different areas at different rates related to the nature and level of governmental services provided and make appropriations for functions and operations of the county, including, but not limited to, appropriations for general public works, including roads, drainage, street lighting, and other public works; water treatment and distribution; sewage collection and treatment; courts and criminal justice administration; correctional institutions; public health; social services; transportation; planning; economic development; recreation; public safety, including police and fire protection, disaster preparedness, regulatory code enforcement; hospital and medical care; sanitation, including solid waste collection and disposal; elections; libraries; and to provide for the regulation and enforcement of the above them. However, prior to before the creation of a special tax district for the purposes enumerated in this item, one of the following procedures is required:"
SECTION 6. Section 4-9-30 of the 1976 Code, as last amended by Act 405 of 1994, is further amended by adding after item (5) and before item (6):
"(5.1) to levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to the requirements of this item."
SECTION 7. Section 5-7-30 of the 1976 Code, as last amended by Act 171 of 1993, is further amended to read:
"Section 5-7-30. Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; the authority to provide police protection in contiguous municipalities and in unincorporated areas located not more than three miles from the municipal limits upon the request and agreement of the governing body of such the contiguous municipality or the county, including agreement as to the boundaries of such police jurisdictional areas, in which case the municipal law enforcement officers shall have the full jurisdiction, authority, rights, privileges, and immunities, including coverage under the workers' compensation law, which they have in the municipality, including the authority to make arrests, and to execute criminal process within the extended jurisdictional area; provided, however, that this shall does not extend the effect of the laws of the municipality beyond its corporate boundaries; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he the wholesaler maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor or a subsidiary or affiliate of an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding five hundred dollars or imprisonment not exceeding thirty days, or both.
For the purpose of providing and maintaining parking for the benefit of a downtown commercial area, a municipality may levy a surtax upon the business license of a person doing business in a designated area in an amount not to exceed fifty percent of the current yearly business license tax upon terms and conditions fixed by ordinance of the municipal council. The area must be designated by council only after a petition is submitted by not less than two-thirds of the persons paying a business license tax in the area and who paid not less than one-half of the total business license tax collected for the preceding calendar year requesting the designation of the area. The business within the designated area which is providing twenty-five or more parking spaces for customer use is required to pay not more than twenty-five percent of a surtax levied pursuant to the provisions of this paragraph.
The municipality may levy a uniform service charge on a portion of the community which will receive special benefit as a result of the improvement made with the proceeds of the charge; the service charge must be maintained in a dedicated fund, the proceeds specifically allocated to the specific use and purpose for which the charge is levied and the revenues collected must not exceed the cost of the improvements made with the proceeds of the charge. Any revenues collected heretofore and described as a fee or charge now must be termed a uniform service charge and must conform to these requirements."
SECTION 8. Section 4-29-67 of the 1976 Code, as last amended by Act 32 of 1995, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) The provisions of Sections 4-9-142, 5-21-70, 6-1-60 and 59-73-35 do not apply with respect to calculating the fee in lieu of taxes allowed pursuant to this section and Chapter 12 of this title."
SECTION 9. A. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-85. Municipalities, counties, school districts, or special purpose districts may not impose any fee or tax of any nature or description on the transfer of real property unless the General Assembly has expressly authorized by general law the imposition of the fee or tax."
B. Notwithstanding the provisions of Section 6-1-85 of the 1976 Code as added by this act, the governing body of any municipality, county, school district, or special purpose district which has enacted and collected any fee or tax which is charged on the transfer of real estate may continue to collect the fees or taxes until the earlier of:
(1) the end of the entity's current fiscal year as of the effective date of this section; or
(2) January 1, 1997.
C. This section takes effect upon approval by the Governor.
SECTION 10. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 11. This act takes effect upon approval by the Governor./
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Rep. WILKINS continued speaking.
Rep. ROGERS spoke against the amendment.
Rep. WILKINS spoke in favor of the amendment.
Rep. HODGES spoke against the amendment.
Rep. ROGERS raised the Point of Order that under Code Section 4-9-55 (b) that a two-thirds vote would be required in order to adopt the terms of the Amendment No. 2 language and without a two-thirds vote, it would not be procedurally acted on in an affirmative way and a majority would not be sufficient to adopt the amendment.
Rep. WILKINS argued contra the Point and stated that Section 4-9-55 required approval by two-thirds of the members voting in each house of the General Assembly but that it did not state when the two-thirds had to be achieved. He stated that the two-thirds vote could be achieved at any point during the process including the adoption of the conference report.
Rep. ROGERS stated that there was precedence and that it had been repeatedly cited in rulings from the Chair that a piece of legislation, before it can leave the House, if it required a two-thirds vote, such as a constitutional amendment, then it had to achieve a two-thirds vote majority. He further stated that if the House adopted this amendment and adopted no further amendments, then the legislation would leave the House and the House would have acted on the legislation for a final vote and that would require a two-thirds vote.
Rep. WILKINS stated that Rep. ROGERS was referring to a constitutional amendment or a joint resolution requiring two-thirds vote of the membership and that prior precedents hold that the two-thirds could be achieved on either second or third reading. He stated that there was no precedent on the application of this particular statute, Section 4-9-55 (b), and that the statute did not state when the two-thirds vote was required and for that reason it could be achieved at any step of the legislative process. He further stated that since the Senate had struck all enacting words of the original House Bill and inserted their language, that they had in effect kept the House from having a second or third reading on the current language in this Bill.
Rep. SHEHEEN stated that you had to recognize what the House was dealing with today and that there might not be a conference report and this would be the final vote. He stated that the issue of today had to be dealt with and not speculate on the future and if this were the final vote, then it would have to pass by two-thirds and be approved under Section 4-9-55 (b).
Rep. ROGERS stated that even if there were a conference report, that it was not necessary that there be a roll call vote and this could well be the final vote in the House and that the language of the statute clearly required a two-thirds vote in order to be valid.
ACTING SPEAKER CATO stated that Section 4-9-55 requires a two-thirds vote of the members voting, however, it does not specify at what stage the body had to achieve the two-thirds vote. On that basis, he overruled the Point of Order.
The question then recurred to the adoption of the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw McKay Meacham Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Askins Breeland Brown, J. Byrd Cave Clyburn Cobb-Hunter Felder Govan Harvin Hines, M. Hodges Howard Inabinett Kennedy Lee Lloyd Martin McElveen McMahand McTeer Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Stille Whipper, L. White Williams
So, the amendment was adopted.
Reps. SHEHEEN and HODGES proposed the following Amendment No. 3 (Doc Name H-MEMBER\B21\1), which was adopted.
Amend the bill, as and if amended, BY THE HOUSE:
Add a new Section:
SECTION ( ), IS AMENDED TO READ:
SECTION ( ): " A. The State Election Commission shall conduct a statewide referendum on November 5, 1996 on the question of raising the sales tax in order to provide personal property automobile tax relief."
the referendum question shall read: "Do you favor raising the statewide sales, use and casual excise tax rate from five to six percent to set aside the proceeds of the additional one percent to provide for personal property automobile tax relief, with the definition of "personal property automobile tax" being defined as tax levied on private passenger cars or pickup trucks."
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Rep. SHEHEEN explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Breeland Brown, H. Brown, J. Byrd Cain Carnell Cato Cave Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Felder Fleming Gamble Govan Hallman Harris, J. Harrison Harvin Hines, M. Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Richardson Riser Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. White Wilder Williams Witherspoon Wofford Wright Young
Those who voted in the negative are:
Askins Chamblee Cotty Davenport Harrell Keegan Kelley Law Robinson Smith, D. Wilkins Worley Young-Brickell
So, the amendment was adopted.
Reps. EASTERDAY and RICE proposed the following Amendment No. 4 (Doc Name P:\amend\GJK\22656SD.96), which was adopted.
Amend the amendment of Rep. Sheheen, No. 3, as and if amended, by adding at the end of SECTION 1 the following:
/If the sales tax is increased statewide from five to six percent and the proceeds therefrom used to eliminate ad valorem property taxes on private passenger cars and pickup trucks, no county, municipality or other taxing entity may impose any ad valorem property taxes on private passenger cars and pickup trucks while the statewide sales tax is at six percent. Further, the revenues raised from the additional one percent sales tax must be distributed to the several counties and municipalities of this State on a pro rata percentage basis as the General Assembly shall provide based on registrations of these types of vehicles in that jurisdiction as compared to registrations of these types of vehicles statewide./
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Rep. RICE explained the amendment.
The amendment was then adopted.
Reps. HARRISON, YOUNG-BRICKELL, WILKINS, VAUGHN, EASTERDAY, CATO, MEACHAM, FELDER, WOFFORD, SHARPE, R. SMITH, and H. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22661HTC.96), which was tabled.
Amend Amendment No. 3 offered by Reps. Sheheen and Hodges, dated March 19, 1996, Document No. H-member\B21\1, as and if amended, beginning on page 1, by striking the amended question beginning four lines from the bottom of the page, and inserting: ; /"Do you favor the elimination of taxes levied on private passenger cars or pickup trucks by reducing the cost of government?"/
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKINS explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. CROMER spoke against the amendment and moved to table the amendment.
Rep. YOUNG-BRICKELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Breeland Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Fleming Govan Harris, J. Harvin Hines, M. Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lee Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Rogers Scott Seithel Sharpe Sheheen Spearman Stille Stuart Walker Whipper, L. Whipper, S. White Wilder
Those who voted in the negative are:
Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Felder Fulmer Gamble Hallman Harrell Harrison Hutson Keegan Kelley Klauber Koon Law Limbaugh Limehouse Littlejohn Loftis Mason McKay Meacham Quinn Rice Robinson Sandifer Shissias Simrill Smith, D. Smith, R. Townsend Tripp Trotter Vaughn Waldrop Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the amendment was tabled.
Debate was resumed on Amendment No. 1, by Reps. SHEHEEN and HODGES.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 5:10 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of Charles B. Smith of Greenville, to meet at 10:00 A.M. tomorrow.
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