Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of grandeur and glory, in these days of earth's awakening, thrilling and throbbing with the loveliness of Springtime, we thank You for every beauty from which our enraptured minds drink as we bend in wonder at the petaled buds held high by bushes aflame with evidence of Your presence. And in the changing pageant of nature with forms and colors that thrill our senses, we see You for beauty is but Your handwriting. Make us to know that in the loveliness of Springtime that You are there. May it teach us that You are God of both nature and human nature.
Hear us in this our prayer of praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of Mildred Matthews Lenoir of Sumter, which was agreed to.
Rep. HUFF, from the Committee on Rules, submitted a favorable report, on:
H. 3315 -- Reps. L. Whipper, Phillips, S. Whipper, Breeland, Anderson and Moody-Lawrence: A HOUSE RESOLUTION TO DECLARE THE LADIES LOUNGE LOCATED INSIDE THE HOUSE OF REPRESENTATIVES CHAMBER A NO SMOKING AREA.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT LEAST TWO PERCENT BY VOLUME OF ETHANOL, METHANOL, OR A COMBINATION OF THEM, AND TO PROVIDE FOR THE PLACEMENT AND SIZE OF THE STATEMENT ON THE PUMP WHICH DISPENSES THE FUEL AND DEFINE "RETAIL DEALER".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Independent Banks of South Carolina for a reception, April 4, 1995, 6:00 P.M. - 8:00 P.M. at the Summit Club.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of South Carolina Arts Alliance for an annual "Legislative Appreciation Brunch," April 6, 1995, 9:30 A.M. - 11:00 A.M. in the State House Rotunda.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Clemson University Division of Agriculture and Natural Resources for annual "Catfish and Grits" dinner, April 11, 1995, 6:00 P.M. at the Women's Club of Columbia, 1703 Blossom Street.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Transportation Association of South Carolina for a "Get Acquainted Breakfast," April 12, 1995, 8:00 A.M. - 9:00 A.M. at the Ramada Town House.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Home Builders Association of South Carolina for annual Bird Supper, April 18, 1995, 6:30 P.M. at the Moore Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The Electric Cooperatives of South Carolina for "Co-op Day," April 19, 1995, 1:00 P.M. at the Carolina Coliseum.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. School for the Deaf and the Blind for a luncheon, April 26, 1995, upon adjournment - 2:00 P.M. in Room 221, Blatt Building.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Golf Association for a reception, April 26, 1995, 6:00 P.M. - 9:00 P.M. in Seawell's Moore Building at the State Fairgrounds.
The invitation was accepted.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Golf Association for 1st Annual Legislative Classic Golf Tournament, April 27, 1995, 1:30 P.M. at the Wildewood Country Club.
The invitation was accepted.
On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 3830 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY, HEAD COACH GEORGE GLYMPH, AND THE COACHING STAFF ON WEDNESDAY, APRIL 5, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS AAA BOYS BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Eau Claire Boys Basketball Team of Richland County, Head Coach George Glymph, and coaching staff on Wednesday, April 5, 1995, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class AAA Boys Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3833 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-45 SO AS TO PROVIDE FOR THE REGULATION OF SEASONS AND FISHING ACTIVITIES IN SALTWATERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3834 -- Rep. Huff: A BILL TO AMEND SECTION 16-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF PERMITTING MISUSE OF A MOTOR VEHICLE REGISTRATION, LICENSE PLATE, OR CERTIFICATE OF TITLE AND FAILURE TO MAKE TIMELY DELIVERY OF A CERTIFICATE OF TITLE, SO AS TO INCREASE FROM TEN DAYS TO FORTY-FIVE DAYS THE TIME TO DELIVER A TITLE BEFORE THE OFFENSE APPLIES.
Rep. HUFF asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. FULMER objected.
Referred to Committee on Education and Public Works.
H. 3835 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.
Without reference.
H. 3836 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR RELATED MATTERS.
Without reference.
H. 3837 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS.
Without reference.
H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.
Without reference.
H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.
Without reference.
H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.
Without reference.
H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.
Referred to Committee on Judiciary.
H. 3842 -- Reps. Cromer and Keegan: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLATIONS FOR THREATENING THE LIFE OF A PUBLIC OFFICIAL OR SCHOOL TEACHER, SO AS TO ALSO MAKE IT UNLAWFUL TO THREATEN THE LIFE OF A PERSON OFFICIATING AT A SCHOOL ATHLETIC EVENT.
Referred to Committee on Judiciary.
H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.
Referred to Committee on Judiciary.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Referred to Committee on Judiciary.
H. 3846 -- Rep. Cromer: A BILL TO REPEAL SECTION 14-15-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF BAILIFFS BY THE SHERIFFS OF EACH COUNTY.
Referred to Committee on Judiciary.
H. 3847 -- Rep. Cromer: A BILL TO AMEND SECTION 38-77-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE LAW AND THE APPOINTMENT OF ATTORNEYS AS ARBITRATORS TO HEAR AND DETERMINE PROPERTY DAMAGE LIABILITY CLAIMS, SO AS TO PROVIDE THAT THE COST FOR HEARING AND DETERMINING SUCH CLAIMS BY ARBITRATION SHALL BE ONE HUNDRED FIFTY DOLLARS, TO BE PAID BY THE PARTIES INVOLVED IN THE CLAIM.
Referred to Committee on Judiciary.
H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.
Referred to Committee on Judiciary.
H. 3849 -- Reps. Wofford, Wells and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-105 SO AS TO PROHIBIT AN ABORTION EXCEPT IF IT IS NECESSARY TO SAVE THE LIFE OF THE WOMAN OR IF THE WOMAN IS PREGNANT AS A RESULT OF RAPE OR INCEST.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 3850 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.3651, RELATING TO THE STATE PROPERTY TAX CREDIT FUND, FOR SECOND READING OR OTHER CONSIDERATION ON MARCH 22, 1995, IMMEDIATELY FOLLOWING THE CALL OF THE MOTION PERIOD AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.3651 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H.3651 is set by special order for second reading or other consideration on March 22, 1995, immediately following the call of the motion period and continuing each legislative day immediately following the call of the motion period until H.3651 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Baxley Boan Breeland Brown, H. Brown, J. Brown, T. Cain Cato Cave Chamblee Clyburn Cooper Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser 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. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 22.
David A. Wright William F. Cotty George H. Bailey Donald W. Beatty Alma W. Byrd Harold G. Worley R.J. Herdklotz Grady A. Brown L. Morgan Martin Timothy F. Rogers Joseph H. Neal Gilda Cobb-Hunter Ralph W. Canty Marion P. Carnell
LEAVES OF ABSENCE
The SPEAKER granted Rep. HARVIN a leave of absence for the remainder of the week.
The SPEAKER granted Reps. HERDKLOTZ and WILKES a temporary leave of absence.
Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
The following Bill was taken up.
H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.
Reps. FULMER, HALLMAN, SEITHEL, WHATLEY, LIMEHOUSE, CAIN, LAW, COTTY, DANTZLER and ROBINSON objected to the Bill.
The following Bill was taken up.
H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.
Rep. JENNINGS explained the Bill.
Rep. HARRISON moved to adjourn debate upon the Bill until Tuesday, March 28, which was adopted.
Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, March 28, which was adopted.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2340 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Rep. PHILLIPS explained the Bill.
H. 3826 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE JOHN DE LA HOWE SCHOOL.
Rep. McABEE explained the Bill.
Mr. Speaker:
I respectfully request leave of absence for around 1 1/2 hours while I go to the Dr's. office.
Rep. JAMES L.M. CROMER, JR.
The SPEAKER granted Rep. CROMER a temporary leave of absence.
The following Bill was taken up.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7309AC.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-180. (A) A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross during times when a natural disaster has been declared in South Carolina by the appropriate government official. The employee may be released from work for this function upon request of the American Red Cross for the services of that employee, and upon the written approval of that employee's employer. This leave is in addition to other leave to which the employee is entitled.
(B) A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work without pay for not more than fifteen work days in each year, to participate in specialized disaster relief services for the American Red Cross during times when a natural disaster has been declared in another state by the appropriate government official. The employee may be released from work for this function upon request of the American Red Cross for the services of that employee, and upon the written approval of that employee's employer. This leave is in addition to other leave to which the employee is entitled."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Reps. TRIPP, FULMER, LIMEHOUSE, SEITHEL, HALLMAN and CAIN objected to the Bill.
The following Bill was taken up.
H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3921CM.95).
Amend the bill, as and if amended, Section 16-3-1700(A)(1), SECTION 1, page 1, by striking the item and inserting:
/(1) following the targeted person as he moves from location to location;/
Amend further, page 2, by striking the last paragraph of subsection (A), beginning on line 4, and inserting:
/Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties./
Amend further, page 2, by striking the last paragraph of Section 16-3-1700(B), beginning on line 17, and inserting:
/Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties./
When amended Section 16-3-1700 reads:
/Section 16-3-1700. For the purpose of this article:
(A) `Harassment' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that causes the person and would cause a reasonable person in his position to suffer mental distress. Harassment may include, but is not limited to:
(1) following the targeted person as he moves from location to location;
(2) visual, physical, or verbal contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(B) `Stalking' means a pattern of words or conduct that is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States, and does not apply to law enforcement officers or process servers performing their official duties.
(C) `Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) `Pattern' means two or more acts within a ninety-day period.
(E) `Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person./
Amend further, page 5, line 5, by striking Section 16-3-1770(C) and inserting:
/(C) A restraining order issued pursuant to this article conspicuously shall bear the following language: `Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'./
Amend further, page 6, by adding a new section after Section 16-3-1830:
/Section 16-3-1840. As a condition of bail, a magistrate may order a defendant charged with harassment or stalking under this article to undergo a mental health evaluation performed by the local mental health department./
Renumber sections to conform.
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. FAIR 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.
Rep. WOFFORD asked unanimous consent to recall H. 3816 from the Committee on Judiciary.
Rep. COTTY objected.
Rep. ROBINSON asked unanimous consent to recall H. 3062 from the Committee on Judiciary.
Rep. FELDER objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.
Rep. SHEHEEN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. FELDER moved to dispense with the Motion Period.
As a first substitute Rep. COOPER moved to recall H. 3971 from the Judiciary Committee.
As a second substitute Rep. ROGERS moved to dispense with the balance of the Motion Period.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Felder Govan Harris, J. Hines Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd McMahand McTeer Moody-Lawrence Neal Rhoad Richardson Rogers Scott Sheheen Spearman Stoddard Tucker Whipper, L. Whipper, S. Wilder Williams
Those who voted in the negative are:
Askins Bailey Boan Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to dispense with the balance of the Motion Period.
As a second substitute Rep. TRIPP moved to recall H. 3816 from the Judiciary Committee.
Rep. SCOTT moved to table the motion.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Bailey Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Felder Govan Harris, J. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Sheheen Spearman Whipper, L. Whipper, S. Wilder Williams
Those who voted in the negative are:
Allison Askins Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the Motion.
The question then recurred to the motion to recall H. 3816 from Judiciary.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, H. Cain Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hodges Huff Hutson Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McKay Meacham Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Govan Hines Howard Kennedy Lloyd McMahand McTeer Moody-Lawrence Neal Scott Whipper, L. Williams
So, the motion to recall H. 3816 from Judiciary was agreed to.
Rep. FELDER moved to dispense with the balance of the Motion Period, which was agreed to.
I was temporarily absent from the Chamber on business when H. 3816 was voted on to recall from committee. Had I been present, I would have voted "yea."
Rep. L. MORGAN MARTIN
The SPEAKER granted Rep. BYRD a temporary leave of absence.
The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5643W&M.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 11, Title 11 of the 1976 Code, is amended by adding:
"Section 11-11-330. (A) Funds credited to the `State Property Tax Relief Fund' must be used to provide property tax relief in the manner prescribed in Section 12-37-251. The first phase of property tax relief must be to remove that portion of the homeowner's tax levied for public school operating costs. For fiscal years beginning after June 30, 1996, the General Assembly shall, in addition to the funds referenced, appropriate one-half of the estimated recurring revenue growth expected for the fiscal year until such time that the phase-out of the residential property tax is complete. For fiscal years after the implementation of the phase-out of the residential property tax, the General Assembly shall appropriate an amount sufficient to reimburse local governments sums equal to the amount of taxes that were not collected for the local government by reason of the exemption provided in Section 12-37-251.
(B) This appropriation required by subsection (A) must be contained in the executive budget, Ways and Means Committee report on the general appropriations bill, the general appropriations bill at the time of third reading in the House of Representatives, the Senate Finance Committee report on the general appropriations bill, the general appropriations bill at the time of a third reading in the Senate, and in any conference report on the general appropriations bill."
SECTION 2. Article 3, Chapter 37, Title 12 of the 1976 Code, is amended by adding:
"Section 12-37-251. (A) Property classified pursuant to Section 12-43-220(c) is exempt from property taxes levied for other than bonded indebtedness and payments pursuant to lease-purchase agreements for capital construction as provided in this subsection. For the 1995 property tax year, the exemption applies against millage imposed for school operations and the amount of fair market value of the homestead that is exempt from such millage must be set by the Director of the Department of Revenue and Taxation and the Comptroller General by September 30, 1995, based on the amount available in the State Property Tax Relief Fund for fiscal year 1995-96 applying the reimbursement requirements of this section. In subsequent tax years, after the first phase as stated in Section 11-11-330(A) and its growth is funded, the exemption extends to all operating millages on homesteads and the amount of fair market value exempt from tax must be established by the Director of the Department of Revenue and Taxation and the Comptroller General by September thirtieth of the year based on the amount available in the Property Tax Relief Fund for the fiscal year applying the reimbursement requirements of this section. It is the intention of the General Assembly annually and cumulatively to provide funds in the State Property Tax Relief Fund so that the percentage of fair market value exempt pursuant to this section attains and thereafter remains at one hundred percent of fair market value. The exemption allowed by this section is in addition to the exemption provided in Section 12-37-250.
(B) Taxing entities must be reimbursed, in the manner provided in Section 12-37-270 for the revenue lost as a result of the homestead exemption provided in this section.
(C) Notwithstanding any other provision of law, property exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State, and for purposes of computing the `index of taxpaying ability' pursuant to Section 59-20-20(3).
(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage as disclosed in Section 6-1-80(B)(10), except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment.
(F) The exemption allowed by this section is conditional on full funding of the Education Finance Act and on an appropriation by the General Assembly each year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption in the next fiscal year."
SECTION 3. A. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-217. Notwithstanding any other provision of law, once every fourth year each county or the State shall appraise and equalize those properties under its jurisdiction. Upon completion of the reassessment program, the county or State shall notify every taxpayer of any change in value or classification if the change is one thousand dollars or more. The county and State shall have one year to resolve appeals in value or classification. In the fifth year, the county or State shall implement the program and assess all property on the newly appraised values."
B. Subsection (A) of Section 12-45-75 of the 1976 Code, as added by Act 443 of 1994, is amended to read:
"(A) The governing body of a county may by ordinance allow a taxpayer to elect to pay all ad valorem taxes on real property located in the county in quarterly installments. No installment election is allowed for taxes paid through an escrow account.
The ordinance must specify the installment due dates and it may provide for installments due and payable before January fifteenth, but the final installment due date must be January fifteenth. The ordinance may provide for a service charge of not more than two dollars on installment payments. For purposes of payment and collection, these service charges are deemed property taxes. The ordinance may not provide penalties for late installments."
SECTION 4. 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 increase the millage rate and fee rates imposed for operating purposes, excluding utilities, above the rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body of the county. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of county funds, personnel, facilities, or equipment.
(B) Notwithstanding any provision of the law to the contrary, the millage rate and fee rates may be further increased upon a two-thirds vote of the governing body. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body of the county. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restriction contained in this section shall not affect 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."
SECTION 5. 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 increase the millage rate and fee rates, excluding utilities, imposed for operating purposes above the rate and fee rates imposed for such purposes for the prior tax year. However, the millage rate and fee rates may be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body of the municipality. Notwithstanding the limitation upon millage rate and fee rate increases contained in this subsection, the millage rate and fee rates may be increased for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of municipal funds, personnel, facilities, or equipment.
(B) Notwithstanding any provision of the law to the contrary, the millage rate and fee rates may be further increased upon a two-thirds vote of the governing body. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body of the municipality. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restriction contained in this section shall not affect 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 will prohibit the use of energy-saving performance contracts as provided in Section 48-52-670."
SECTION 6. Article 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. (A) The governing body authorized by law to levy special purpose or public service district taxes may not increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year. The millage rate may, however, be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy special purpose or public service district taxes. Notwithstanding the limitation upon millage rate increases contained in this subsection and only to the extent authorized by law on the effective date of this section, the governing body authorized by law to levy special purpose or public service district taxes may increase the millage rate for the following purposes:
(1) in response to a natural or environmental disaster as declared by the Governor;
(2) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(3) to raise the revenue necessary to comply with judicial mandates requiring the use of special purpose or public service district funds, personnel, facilities, or equipment.
(B) The millage rate may be further increased upon a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy special purpose or public service district taxes. However, if the governing body has fewer than six members, a three-fifths vote is required.
(C) The restriction contained in this section shall not affect 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.
(D) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a public or special purpose district to the extent those limitations are more restrictive than the provisions of this section."
SECTION 7. 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 increase the millage rate imposed for operating purposes above the rate imposed for such purposes for the prior tax year.
(B) The millage rate may, however, be increased by the percentage increase in the Consumer Price Index upon a three-fifths vote of the governing body authorized by law to levy school taxes of the school district. Notwithstanding the limitation upon millage rate increases contained in this subsection, the millage rate may be increased for the following purposes:
(1) 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;
(2) in response to a natural or environmental disaster as declared by the Governor;
(3) to offset a prior year's deficit, as required by Section 7, Article X of the South Carolina Constitution; or
(4) to raise the revenue necessary to comply with judicial mandates requiring the use of school district funds, personnel, facilities, or equipment.
(C) Notwithstanding any provision of law to the contrary, the millage rate may be increased upon a two-thirds vote of the governing body authorized by law to levy school taxes of the school district. Any new sources of revenues for operating purposes must be approved by a two-thirds vote of the governing body authorized by law to levy school taxes of the school district.
(D) The restriction contained in this section shall not affect 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.
(E) The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section."
SECTION 8. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-350. Affected political subdivisions must use a tax bill which must contain standard information and include the following:
(1) name and address of owner;
(2) tax map number;
(3) location of property;
(4) appraised value;
(5) assessed value;
(6) assessed ratio;
(7) millage for each tax district;
(8) receipt number;
(9) total tax liability for current year;
(10) state property tax relief benefit (savings);
(11) local option sales tax credit."
SECTION 9. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-80. (A) The counties, municipalities, special purpose, or public service and school districts of this State must provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in the nonclassified section in at least one South Carolina newspaper of general, audited circulation in the area. The public hearing must give the residents of the jurisdiction the opportunity to express their concerns and to provide ideas or input for discussion by the local governing entity. This notice must be given not less than fifteen days in advance of the public hearing, and must be a minimum of two columns by ten inches (four and one-half by ten inches) with at least a twenty-four point headline.
(B) The notice shall include the following:
(1) the governing entity's name;
(2) the time, date, and location of the public hearing on the budget;
(3) the total, actual, and projected expenditures of the current operating fiscal year in the budget of the governing entity;
(4) the proposed total projected operating expenditures for the next fiscal year as proposed in next year's budget for the governing entity;
(5) the proposed or estimated percentage change in operating budgets between the current fiscal year and the proposed budget;
(6) the total, actual, and projected revenue of all property taxes in dollars for the current fiscal year budget;
(7) the proposed total projected revenue of all property taxes in dollars for the proposed budget;
(8) the millage for the current fiscal year;
(9) the proposed millage as proposed in the budget for the next fiscal year;
(10) the rollback millage rate, computed by dividing the current year's property tax revenues by the budget year property tax assessment base;
(11) any new fees or taxes that would affect more than five percent of the total proposed budget; and
(12) estimated local option sales tax credit, if applicable.
(C) The requirements of this section apply in the preparation of annual budget and supplemental appropriations. When the counties, municipalities, and special purpose or public service districts, and school districts determine that they require a greater tax rate after the adoption of the budget or during the current fiscal year, or fail to provide notice within the above-specified period, they also must comply with the notice requirements of this section."
SECTION 10. There shall be established a committee which shall be known as the "Joint Ad Hoc Committee on Unfunded Mandates" (hereinafter the "committee"). The committee shall be composed of three members appointed from the House of Representatives by the Speaker of the House of Representatives, three members appointed from the Senate by the President of the Senate, and three members appointed by the Governor. The committee shall investigate and review the role of unfunded mandates and their impact on the counties of this State. The committee shall hold public hearings and report to the General Assembly with specific recommendations on the repeal or modification of all unfunded mandates in existence as of July 1, 1995. The committee's consideration of unfunded mandates shall include, but is not limited to, those mandates imposed by statute, regulation, and judicial interpretation. The committee shall issue a report and make its recommendations to the General Assembly prior to the commencement of the Second Session of the 111th General Assembly.
SECTION 11. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. H. BROWN explained the amendment.
Rep. H. BROWN spoke in favor of the amendment.
The amendment was then adopted.
Rep. HARRELL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5669HTC.95), which was adopted.
Amend the report, as and if amended, Section 12-37-251(B), as contained in SECTION 2, page 3651-2, line 35, by inserting before the period /except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year/
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Rep. SIMRILL proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5678HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by inserting before /must/ on line 14 /is one-half of the fair market value capped at an amount that/.
Amend further, page 3651-2, by inserting before /must/ on line 22 /is one-half of the fair market value capped at an amount that/.
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KOON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\21580SD.95).
Amend the report of the Committee on Ways and Means, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) Notwithstanding any other provision of law, the debt service and capital expenditures of any county, municipality, school district, special purpose district, or other political subdivision of this State in any year may not exceed five percent of its total expenditures in that year as reflected in its annual budget unless the excess expenditures are approved by a majority of the qualified electors of the county, municipality, school district, special purpose district, or other political subdivision in a referendum held on the question of authorizing such excess expenditures. The political subdivision shall call the referendum, set its date, frame the question for the ballot, and bear its cost. The county election commission shall conduct the referendum in accordance with the election laws of this State, mutatis mutandis, and declare the results.
(B) Debt service for purposes of subsection (A) includes lease-purchase expenditures for capital construction.
(C) If a county, municipality, school district, special purpose district, or other political subdivision of this State on the effective date of this section has existing debt service and capital expenditure obligations in excess of five percent of its total expenditures as reflected in its annual budget for the year in which this section takes effect, it may continue to make such existing excess expenditures in that year and in future years without the requirement of a referendum but no new debt service or capital expenditures may be made or incurred without approval in a referendum required by this section if the new capital and debt service obligations combined with the existing capital and debt service obligations would exceed five percent of the total expenditures of the entity in any year.
(D) The provisions of this section are cumulative to any other limitations on such excess expenditures provided by law or the Constitution of this State, except that where another provision of law also requires a referendum to make such excess expenditures, only one referendum shall be required.
(E) Where more than one referendum in a county is required in any year due to multiple political subdivisions proposing such excess expenditures, the referendums to the extent possible must be held at the same time by the county election commission./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 8.
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 Senate read the following Concurrent Resolution:
S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.
The State Life Abilities Ambassadors and distinguished party were escorted to the rostrum by Senators Waldrep, Greg Smith, Reese, Martin, Saleeby and Courson, and Reps. COOPER, T. BROWN, BEATTY, ROBINSON, HINES, HARRISON and BAXLEY.
The President of the Senate recognized Rep. WALKER, Vice Chairman of the Legislative Committee for Persons with Disabilities, who addressed the Joint Assembly as follows:
"Lt. Governor, Mr. Speaker, members of the Joint Assembly, honored Life Abilities-Easter Seal Representatives, Mrs. Beasley, ladies and gentlemen... It is my privilege to welcome all of you to this Joint Assembly on behalf of the Legislative Committee for Persons with Disabilities. Our Committee looks forward to this special day each year. Working with the State Life Abilities-Easter Seals Society to kick off one of the biggest fund raisers in the State for persons with disabilities is a distinct honor. Present in the Chamber and standing around the sides are just some of the thousands of volunteers who work and support the Buck-A-Cup, Brace-A-Child Campaign. It is equally a pleasure to welcome each of the Life Abilities-Easter Seal representatives, their parents and sponsors here today. First, I would like to recognize the members of our Legislative Committee for Persons with Disabilities. Please stand when I call your name. From the Senate, Senator James Lander, our Chairman, Senator John Matthews, and Senator Warren Giese. From the House, Representative Mike Baxley and Representative Ronald Fleming. In the back, our Governor's appointees, Mr. Joe Dusenbury, retired Commissioner of the South Carolina Department of Vocational Rehabilitation. Also, Dr. Richard Ferrante of University Affiliated Programs, Ms. Betty Easler, Executive Director of the South Carolina Protection and Advocacy System. Evelyn Evans is our Executive Director and she is in the back. And also, back visiting with us today is our former Chairman, Joe Wilder, who is currently serving as a member of the Life-Abilities, Easter Seal Board. It is good to have you with us today. Other members of the Life-Abilities, Easter Seal Board who are with us are Mrs. Lynn Bagnal, Chair of the Board of Directors, Earle Morris, Jr., a long time friend of persons with disabilities, Martha Edens, Ed Fisher, past Chairman of the Board. Welcome to all of you. It is an honor for me to be here and now, I would like to introduce Senator James Lander, Chairman of our Committee."
Senator Lander addressed the Joint Assembly as follows:
"Thank you, Representative Walker, honored guests... It is a personal privilege this year to represent our Committee, along with all of those involved in Life Abilities-Easter Seals of South Carolina to recognize the State Life Abilities-Easter Seal Ambassadors and their parents, and to endorse the B.A.C. Coffee Day which this year will be Good Friday, April 14th. This year marks the 43rd Annual Buck-A-Cup Campaign. It is a pleasure to have with us today Mrs. Mary Wood Beasley, who is serving as the State Campaign Chairwoman. Thank you, Mrs. Beasley, for joining in this wonderful effort to raise funds for the many persons with disabilities and their families across the State, that will allow them to achieve independence. Under the leadership and hard work of those whom we recognize today, the Buck-A-Cup Campaign raises thousands of dollars to aid persons with disabilities. The co-sponsors of the campaign are the South Carolina Law Enforcement Officer's Association, some 9,700 strong and the South Carolina Restaurant Association with 1500 members. Last year, the B.A.C. Campaign volunteers brought in over $615,000. In its 43-year history, most of my life, the campaign has raised over $7 million. I appreciate all of the hard work. This year the goal is $800,000. And I have no doubt that they will raise it. The campaign officially begins today with the help of many. I would like to recognize now, some of those involved. First, Mr. Joseph D. Jones, President of Life-Abilities-Easter Seals, Rick Johnson, the State President of the South Carolina Law Enforcement Officer's Association, and John Caudle, II, the Executive Director of the South Carolina Law Enforcement Officer's Association, Peter Finazzo, the State President of the South Carolina Restaurant Association, Thomas L. Sponseller, the Executive Director of the South Carolina Restaurant Association. The people that coordinate all of this B.A.C. Campaign who are familiar to us from year's past, Major Larry Mixon, South Carolina Law Enforcement Officer's Association and Chairman of the `Overall' B.A.C. Committee and Co-Chairman for B.A.C., from the Restaurant Association, Mr. Harold Corley and Mr. Wilton Bagwell. To all of you who give so much of yourself, thank you for the fine work you do every year in this endeavor. The General Assembly extends to Life Abilities-Easter Seal and all of you dedicated supporters its sincere wishes for continued success in your many constructive and compassionate programs on behalf of persons with disabilities. It is with pleasure to introduce members of the Senate and House who will introduce our special state ambassadors this year. First, we have Representative Dan Cooper and Senator Waldrep to make a few remarks and introduce Angela and Amber Lowe."
Senator Waldrep introduced the guest as follows:
"Thank you, good afternoon ladies and gentlemen of the General Assembly, Mr. Speaker, all of you who have made this occasion possible... I would like to express my thanks and gratitude to you on behalf of all of those that you have worked so hard for. Since we all know that Life Abilities is something that virtually touches everybody in this room and everybody in this State. I greatly appreciate that. I am speaking also here with Representative Dan Cooper of Anderson County and for Senator Billy O'Dell who is unable to be with us at this time. I would like to introduce to you Angela and Amber Gail Lowe. They are the first mother/daughter state representative team and they are from Williamston. They are strong supporters of Life Abilities-Easter Seals and Angela has a problem which affects the use of her hands, fingers and legs. She works for the Department of Vocational Rehabilitation and is an active volunteer for church and school and is a full time mother of two. Amber Gail is 11 years old and she has an attention disorder with a learning disability, but she plays the piano. And after only one year, she was first runner-up in her recital and congratulations on that. Both are receiving therapy and other services through Life Abilities and through Easter Seals and they are here with us today. Please give them a hand."
Senator Lander recognized Senator Greg Smith and Rep. T. BROWN to present our next guest.
Rep. T. BROWN introduced the guest as follows:
"Lt. Governor, Mrs. Beasley, President, Speaker of the House, Joint Assembly, and to Senator Smith... It is truly a pleasure for me to introduce Miss Brittany Ann Carter. I would like to say that we should appreciate the people who have Life Abilities because if we could exemplify the type of energies and a zest for life that they put forth, what a better South Carolina and society we would have. Brittany Ann Carter is the five year old of David and Regina Carter of Georgetown. She has been diagnosed with cerebral palsy. She has participated in the H.U.G.S. horseback riding therapy program and received physical therapy and equipment from Life Abilities-Easter Seals. She attends kindergarten at McDonald School in Georgetown. I asked Brittany's mother what were her hobbies and she said McDonald's and Barney. Those are hobbies of all kids, but also she has a zest for life and like I emphasized, if we had that same type of trait here in the General Assembly as well as South Carolina's society, what a better society we would have. Miss Brittany Ann Carter and Mr. and Mrs. Carter."
Senator Lander recognized Senator Reese and Rep. BEATTY to introduce our next guest.
Rep. BEATTY introduced the guest as follows:
"Mr. President, members of the House and Joint Assembly, honored guests... It gives me extreme pleasure this morning to introduce the ambassador from my area, Senator Reese and myself, these are our constituents, and these are friends of mine. Amy's father, Javan King, could not be with us today. He is a police officer in Spartanburg and for whatever reason, they made him work today. This would not have been his first trip here. This is Amy's seventh trip. She has been an ambassador for seven years. She enjoys it and has done a good job for us. Let me tell you a little bit about Amy. Despite the challenges that have for whatever reason have come into her life, the challenges that have come into her family's life, they have met them head on. They have dealt with them and dealt with them successfully. Despite the challenges in Amy's life, she has managed to be very active in her community and in her church and she loves music. She has been a joy to know. She has been a joy to us in Spartanburg. I would like to present to you, Amy King. She is nine years old and has a special custom made wheelchair just for her purposes, you know we all like these custom made cars. She has her own custom made and maneuvers it well. Amy attends McCarthy School in Spartanburg. She is very interesting in music and very active in her community despite her challenges in life. This morning, I would like to present to you, along with Amy, her mother, Millie King. Like I said, Javan could not be here this morning, but again I would like for you to welcome her to this Body this morning as our ambassador from Spartanburg and for her seventh year."
Senator Lander recognized Senator Martin and Rep. ROBINSON to present our next guest.
Rep. ROBINSON made the following remarks about Christopher Lawrence who could not be here today.
"We regret that Christopher and his mother were not able to come today and they would love to have been here. Christopher is a young fourth grader from Easley and Senator Martin and I have the privilege of serving his area, our area, and he suffers a skin disorder called epidermolysis bullosa. It hasn't slowed him down and it hasn't held him back and the best way to describe him is to say that where there is a will there is a way. I think that serves all of these individuals here today very well. We apologize that he is not here today but we know that he is in your thoughts and prayers. Thank you."
Senator Lander recognized Senator Saleeby and Reps. HINES and BAXLEY to present our next guest.
Rep. BAXLEY introduced the guest as follows:
"Ladies and gentlemen, good morning, on behalf of Darlington County, we are very pleased to introduce to you this morning Darlington County's ambassador. We have Clay Smith with us. He is the five year old son of Robert and Regina Smith and they live in Darlington County. Robert could not be with us today, but we are so pleased to have Clay with us and his mother, Regina. Also, we have with us, Ms. Peggy Cox, who is one of our regional directors of Life Abilities down in the Pee Dee area. The focus in Clay's life is on abilities because there are a lot of things that he can do and he loves to do. He told me this morning that he loves to paint, he loves to color and he loves to ride horses, which he has been having horseback therapy through Life Abilities and Easter Seals. He has been diagnosed with having cerebral palsy and through Life Abilities, he receives speech therapy and physical therapy. The neatest thing about Clay is the winning attitude that he distributes or that he shows at all times and shares with everyone. We are really pleased to introduce him to you today and we now present to you, Mr. Clay Smith."
Senator Lander recognized Senator Courson and Rep. HARRISON to present our next guest.
Senator Courson made the following remarks about Luther and Mary Ellen Gower who could not be here today.
"Unfortunately, the Gowers could not be here this morning, but they are the first husband and wife team we have had. They wanted Representative Harrison and I to express to you their appreciation and particularly those of you who have raised money through the B.A.C. program over the years. I am sorry that they could not be with us. Thank you."
Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.
The Honorable William M. Detweiler and distinguished party were escorted to the rostrum by Senators Matthews, Drummond, Leventis and Mescher, and Reps. WILLIAMS, STILLE, LAW and HUTSON.
Mr. William M. Detweiler, the National Commander of the American Legion, addressed the Joint Assembly as follows:
"Mr. Speaker, Mr. President, members of the Senate and House of South Carolina... It is a great privilege to be with you this morning and I would, first, at this time, before I begin my remarks, extend my sincere appreciation to you for allowing me to come before you and allowing the members of the American Legion and the American Legion Auxiliary of South Carolina to be with you. I would first like to acknowledge the presence of some very special people who are guests here of the American Legion and the Auxiliary, who are seated in the gallery. Some of you refer to them on occasion only to the maternal member of the family, but I would like, at this time, to acknowledge the Gold Star parents who are in the audience. Would the Gold Star parents who are in the audience, the mothers and fathers of those who have given so much, please rise. I would also like, at this time, like to introduce the National President of the American Legion Auxiliary, who is also with us this morning from Maryland, Ms. Linda Nusom. A gentlemen who, I'm sure, needs no introduction to you, Mr. Legionnaire, Mr. E. Roy Stone of South Carolina. And a lovely lady, who last night, I had the opportunity to go to the real center of government in the city of Columbia, South Carolina, the Capitol Cafe, and to listen to a young lady, I knew she played the piano, but I did not know she had all of the talents she had, your own Representative Molly Spearman of Saluda. It is my privilege to come before you this morning, ladies and gentlemen of the great State of South Carolina, to talk to you a little bit about what we are as far as the American Legion is concerned and our Auxiliary. But, to first congratulate you on what you have done over the years, your relationship between the government of South Carolina and the veterans organizations of this great State. The work that you have done and the organization that you have, working with the veterans organizations throughout the State, the major organizations, is really a model, a model that other states try to emulate. Your support of the veterans organizations and the joint partnership that you have which allows for the providing of service offices throughout your counties really helps to work for those who are really the ones who need the assistance of the service office and professionals. Those veterans who have contributed a lot but may find themselves in the position that they are not able to get back on their feet or they have a problem. In the contribution that is made through the legislature and the government, working with the service offices, really provides an opportunity for our young people and some older veterans, the opportunity for rehab and to get back to being productive citizens. That is what it is all about. It is rare, although Mr. Safire, if you look at the morning paper, talks about the fact that VA benefits are welfare benefits. Well, that is not true. It is rare that you see a veteran abuse the VA, rare that that happens, but of course, like a lot of sensationalistic media people, they strive to find those abuses that need to be corrected. I can assure you that the American Legion for the last 76 years since our founding and since the establishment of the VA back in the 30's which we established, we wrote the legislation, we pushed for the implementation and have continued to work for the betterment of the veterans of people that raise their hand and don't ask questions and do and go in the service of their country. There is a need that when these people return and they have a problem to provide service to them, either in the form of healthcare benefits or all of us have had the opportunity, particularly those of you who served in World War II, or since World War II, to have benefit of the GI Bill. The greatest piece of social legislation passed in this century in this country. There is no question about the fact that the GI Bill which was written by the American Legion, which was pushed by the American Legion, which the American Legion helped to pass by sending a plane down to Georgia to bring that last vote to Washington in the House. If it weren't for the GI Bill, many of us who sit in this Chamber today or stand would not have the opportunity to reach the American dream, to own a home, to have an education, to provide for our children, for our grandchildren and let them provide for future generations to help and to give them a better opportunity than we had. That is what it is all about. So, all that you see, the attacks on veterans benefits, and I just left Washington last night, and I'm not sure that if Washington today had the opportunity to cross the Delaware if he knew what was going on in Washington, I'm not sure he would cross the Delaware. It is an interesting place. It is a fairy land. It is a place where people don't really exist in reality in many instances. That is rather sad because it is sort of out of touch with reality. We have had many attacks in the last couple of weeks on veterans benefits and on other programs that work for the benefit of people. The attacks that were on the outpatient and ambulatory care in the recision bill and I well understand the need for a balanced budget, but we step forward as we have so many times as an organization to try to see that those funds were restored in some way because the proper way with going on in the private sector and that is to render ambulatory care, outpatient care, rather than waste, in a sense or abuse the system by having somebody lay in a hospital for a week and get one test the whole time that the person is in the hospital. That is a waste of your money and my money. We are all taxpayers. I will tell you that the VA is not a sacred symbol as some would say. What the VA needs to do and what we as an organization strive to do is that when we see problems, to work to correct those problems. When we see abuse, to try to correct that abuse and when we should praise, we try to praise. But, most of you probably realize that the VA, veterans benefits and military benefits, either in the form of strong national defense, which the American Legion has always worked for or the defense industry and our military installations and I know you have lost a major installation in Charleston. Those are sizable impacts, either pro or con. With the loss of the military installation, you have lost some serious bucks. Probably two of the largest employers in most states are the VA and the military industry. We as an organization work on a daily basis in lobbying the hill in Washington and lobbying our state houses to keep those benefits strong, to keep our veterans benefits strong and to also work for a strong national defense. In doing so, we feel that we contribute back to this country. The estimate is that in rollover that each dollar that has been paid to a veteran under the GI Bill in the form of any benefit rolls over some $8, some eight times, so every dollar paid rolls over approximately $8. That is not a bad investment. That is a big investment. South Carolina, as time goes along, your veterans population continues to grow. There is going to be some needs that have to be taken care of and you are facing those needs. You need to consider them somewhat more as our older veterans population gets older, we need to consider their nursing needs. It is only those that really can't afford, those who reach the point that they can't make it, that we should really stop and take care of. They have earned it. When you raise your hand, and as many of you have raised their hand, you did not ask where you were going, you served your country. So when you came back, when you do come back and retire or leave military service, you are entitled to a response to that contract, to be properly taken care of, if you are in need, not to abuse the system. But, if you are in need, there should be care to take care of you. I would like also this morning to mention something that has been, you have been, you stepped forward, when you were asked and South Carolina joined 46 other states over the last five years in adopting a resolution urging the United States Congress for the first time in the history of this country to enact and amendment to protect the flag from physical desecration. South Carolina stepped forward with 46 states. When I say the first time, the reason I say the first time is because that this is the first time in the history of this country that there has been a movement by the people to the Congress requesting that we the people be given an amendment, an amendment passed by the Congress and returned to several states for the purpose of allowing us as a people, a free people, to make that decision to vote on that issue. The amendments were introduced yesterday in both the House and Senate, and with that introduction we had 45 co-sponsors in the United States Senate for the bill prior to introduction and we had 241 representatives in the House prior to the introduction to sign on asking or agreeing with that particular statement. This is not a democratic issue. It was not faced here as a democratic or republican issue. It was faced in this House as it was around the country as an American issue. It was the right thing to do. It is the one symbol that binds us all together as a free people. It is the one symbol that was left on the moon. It is the one symbol that is left that we all have raised our hand and gone off in service to protect the freedoms of this country. It is not a perfect country, it is not a perfect country by any means, but we must do something right here when we see the people along our southern borders and along our oceans trying to get here. We must be doing something right. We have got to continue to work for those freedoms and protect those freedoms. Many of you have followed over the last couple of years, particularly the last couple of years, the issue of the Smithsonian and the Enola Gay. We step forward in that instance on behalf of the American people and the organization because we felt very strongly and we continue to feel very strongly that there is no room in this country for what is called political correctness. We cannot change the history of this country. We are what we are because of our history. It is wrong to try to rewrite history. We should learn from history and do better and make this a better place based on the history of our people. That is what we should use history for. We should not rewrite it. Those that served in World War II, particularly in the Pacific, were going to be maligned by the exhibit at the Smithsonian. The exhibit said that we, the American people, were the aggressors and that we bombed a defeated nation. I will tell you that that is absolutely not true. I would like for those historians that say that to sit down with people who survived the death march or many others and go to China and talk to the people at Nan Keing about Japanese and talk to them about what they endured under Japanese aggression. President Truman had one figure in mind when it came to casualties when he made the decision to drop those bombs, zero, zero loss of American lives and in doing so, not only did he save American lives, but he saved Japanese lives and he saved Japanese culture. We, as a people, owe no apology to the Japanese, no apology. It is interesting that the Japanese have never apologized to us, nor have they ever opened their own archive to their own people. Their people are still under the misapprehension that the bombings had nothing to do with the end of the war and that may sound silly. But, I was interviewed three weeks ago by a producer from the Japanese television public television network and she tried to explain to me why the Japanese people were upset about the stamp, the atomic bomb stamp that was withdrawn out of the World War II commemorative issue. I thought that they were upset because of the bomb cloud. She said no. It was the wording. The wording said that atomic bombs hasten the end of World War II. She said that as a people and as a nation, they don't understand how that is connected to the end of the war because their government never explained it to them that way. President Truman was interested in one thing, bringing that terrible blood bath to an end and it was a proper and a moral decision. To stand now and say that we are not going to acknowledge VJ Day, that is another slap. We owe no apology. We are a nation who fought for freedom and we continue to fight for freedom whenever anybody gets in trouble who gets called. We put our young people on the line. We put them in harm's way and we as a nation need to take care of our people and continue to work for a strong national defense. I thank you for the opportunity and the privilege, the great privilege, to speak before you this morning. I will tell you one quick story about the Enola Gay issue that came out of that meeting with that producer. And it all depends on where you are at the time a decision was made, I guess, as to how you look at the decision. But, with that young lady from Japan was a young man who was an American who was a co-producer working for that network now in Japan and who is married to a Japanese young lady. Her father was a trained kamikaze pilot who was set to fly if and when the American troops invaded the homelands of Japan. He said to me, Commander, my father-in-law thinks that Harry Truman is the greatest guy that ever walked the face of the earth. If it had not been for that bomb, he would have been flying and he would not have come back. So, it depends on where you look at it or how you look at it. But, it is a privilege for me to come before you. I bring you greetings from the great state of Louisiana where I have been in politics and in an elected office, a political office, for the last 16 years in New Orleans. I made a comment last night when a member of your House and Senate was being honored by the Department of South Carolina American Legion, that you belong and participate in a noble profession and we should not get upset, we get knocked a lot, we get criticized a lot, I'm also an attorney, so I know what it is like, many of you do. But, we who work in public service give up a lot to participate. I do it because I enjoy it and I feel I get something out of it and that is a little thanks and maybe I'm doing something right. I hope you feel the same way. It is an honor and a privilege to talk to a political audience. I thank you very much for giving me the opportunity to come. Thank you."
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
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 12:58 P.M. the House resumed, the SPEAKER in the Chair.
Rep. A. YOUNG moved that the House recede until 2:15 P.M., which was adopted.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The SPEAKER granted Rep. McELVEEN a leave of absence for the remainder of the day.
The question of a quorum was raised. A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.
Debate was resumed on Amendment No. 8, by Rep. KOON.
Rep. HERDKLOTZ spoke against the amendment and moved to table the amendment, which was agreed to.
Reps. D. SMITH, CATO and QUINN proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\PFM\7330BDW.95), which was adopted.
Amend the bill, as and if amended, Section 12-45-75(A), page 3651-3, beginning on line 25, by striking /No installment election is allowed for taxes paid through an escrow account./ and inserting /No installment election is allowed for taxes paid through an escrow account./
Amend title to conform.
Rep. QUINN explained the amendment.
The amendment was then adopted.
Reps. MEACHAM and HASKINS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5671HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by inserting before /must/ on line 14 /is a uniform percentage of fair market value of such property that/
Amend further, page 3651-2, line 21, by striking /amount/ and inserting /percentage/.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\GJK\21584SD.95), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, by adding new sections to be appropriately numbered to read:
/SECTION ___. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1010. This article may be cited as the Property Tax Relief Sales Tax Act.
Section 12-36-1020. An additional tax equal to four percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.
Section 12-36-1030. (A) Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 1996, the revenue from the taxes imposed by this chapter in a fiscal year must be credited to a separate fund in the State Treasury entitled the Property Tax Relief Fund.
(B) The State Treasurer shall first use the proceeds of the Property Tax Relief Fund to pay the current interest and principal on general obligation bonds and lease payments on certificates of participation in lease-purchase agreements of all political subdivisions of the State outstanding as of July 1, 1996.
(C) (1) After deduction of amounts paid pursuant to subsection (B), the State Treasurer shall next distribute revenues in the Property Tax Relief Fund quarterly to the several political subdivisions in the manner and in the amounts specified in item (2).
(2) A political subdivision shall receive each year from the Property Tax Relief Fund an amount equal to the entity's ad valorem tax revenues for property tax year 1995. Beginning with revenues credited to the fund in fiscal year 1997-98, the total amount distributed each year to a political subdivision under this item must be adjusted by a percentage equal to any consumer price index increase in the twelve months ending on December thirty-first of the preceding year.
(D) Sales, use and casual excise tax revenues not distributed pursuant to subsections (B) and (C) must be placed in a fund separate and distinct from the state general fund entitled the `South Carolina Income Tax Relief Fund', the monies in which must be used to provide the taxpayers of this State on a per capita basis state income tax relief in the manner the General Assembly shall provide.
Section 12-36-1040. For property tax year 1996, the millage imposed by a political subdivision is reduced by fifty percent over the millage rate imposed by the entity in the prior tax year. After 1996 and until all outstanding general obligation bonds issued by a political subdivision are repaid, no political subdivision may impose a property tax except to avoid default on general obligation bonds of the entity. When all outstanding general obligation bonds of a political subdivision are repaid, no property tax may be levied by the entity for any purpose.
Section 12-36-1050. After June 30, 1996, no general obligation bonds of a political subdivision may be issued pledging property tax revenues for repayment and no bonds of a political subdivision pledging any Property Tax Relief Fund revenues for repayment may be issued without the prior permission of the State Budget and Control Board."
SECTION ___. Section 12-36-2110 of the 1976 Code, as last amended by Act 331 of 1994, is further amended to read:
"Section 12-36-2110. (A) The maximum tax imposed by this chapter is three hundred dollars for each sale made after June 30, 1984, or lease executed after August 31, 1985, of each:
(1) aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;
(2) motor vehicle;
(3) motorcycle;
(4) boat;
(5) (2) trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, but not including house trailers or campers as defined in Section 56-3-710;
(3) commercial vehicles with a manufacturer's gross weight rating in excess of ten thousand pounds.
(6) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or
(7) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.
In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must specifically state the term of, and remain in force for, a period in excess of ninety continuous days.
(B) For the sale of a manufactured home, as defined in Section 40-29-20, the tax is calculated as follows:
(1) subtract trade-in allowance from the sales price;
(2) multiply the result from (1) by sixty-five percent;
(3) if the result from (2) is no greater than six thousand dollars, multiply by five percent for the amount of tax due;
(4) if the result from (2) is greater than six thousand dollars, the tax due is three hundred dollars plus two percent of the amount greater than six thousand dollars.
However, a manufactured home is exempt from any tax that may be due above three hundred dollars as a result of the calculation in item (4) if it meets these energy efficiency levels: storm or double pane glass windows, insulated or storm doors, a minimum thermal resistance rating of the insulation only of R-11 for walls, R-19 for floors, and R-30 for ceilings. However, variations in the energy efficiency levels for walls, floors, and ceilings are allowed and the exemption on tax due above three hundred dollars applies if the total heat loss does not exceed that calculated using the levels of R-11 for walls, R-19 for floors, and R-30 for ceilings. The edition of the American Society of Heating, Refrigerating, and Air Conditioning Engineers Guide in effect at the time is the source for heat loss calculation. The dealer selling the manufactured home must maintain records, on forms provided by the State Energy Office, on each manufactured home sold which contains the above calculations and verifying whether or not the manufactured home met the energy efficiency levels provided for in this subsection. These records must be maintained for three years and must be made available for inspection upon request of the Department of Consumer Affairs or the State Energy Office. Notwithstanding the rates of tax imposed by this chapter, a tax rate of three percent is imposed on the sale or lease of motor vehicles and motorcycles and on the sale or lease of each:
(1) boat;
(2) recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel;
(3) self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower;
(4) manufactured home;
(5) musical instrument, or
(6) item of machinery for research and development.
In the case of a lease of an item subject to the tax limit imposed by this subsection, the total tax rate required by law applies on each payment. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease.
(C) For the sale of each musical instrument, or each piece of office equipment, purchased by a religious organization exempt under Internal Revenue Code Section 501(c)(3), the maximum tax imposed by this chapter is three hundred dollars. The musical instrument or office equipment must be located on church property and used exclusively for the organizations exempt purpose. The religious organization must furnish to the seller an affidavit on forms prescribed by the commission. The affidavit must be retained by the seller.
(D) The maximum tax levied pursuant to this chapter on the sale or use of each item of machinery for research and development is three hundred dollars. As used in this subsection, "machinery for research and development" means machinery used directly and exclusively in research and development in the experimental or laboratory sense for new products, new uses for existing products, or for improving existing products. To be eligible for the limitation imposed by this subsection, the machinery must be located in a separate facility devoted exclusively to research and development as defined in this subsection. The limitation does not extend to machinery used in connection with efficiency surveys, management studies, consumer surveys, economic surveys, advertising, promotion, or research in connection with literary, historical, or similar projects."
SECTION ___. Section 12-36-2120 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 12-36-2120. Exempted from the taxes imposed by this chapter are the gross proceeds of sales, or sales price of:
(1) tangible personal property or receipts of any business which the State is prohibited from taxing by the Constitution or laws of the United States of America or by the Constitution or laws of this State;
(2) tangible personal property sold to the federal government;
(3) textbooks, magazines, and periodicals used as a part of a course of study in primary and secondary schools and institutions of higher learning, and all books, magazines, and periodicals sold to publicly supported state, county, or regional libraries which are open to the public without charge;
(4)(3) livestock. `Livestock' is defined as domesticated animals customarily raised on South Carolina farms for use primarily as beasts of burden, or food, and certain mammals when raised for their pelts or fur. Animals such as dogs, cats, reptiles, fowls (except baby chicks and poults), and animals of a wild nature, are not considered livestock;
(5)(4) feed used for the production and maintenance of poultry and livestock;
(6)(5) insecticides, chemicals, fertilizers, soil conditioners, seeds, or seedlings, or nursery stock, used solely in the production for sale of farm, dairy, grove, vineyard, or garden products or in the cultivation of poultry or livestock feed;
(7)(6) containers and labels used in:
(a) preparing agricultural, dairy, grove, or garden products for sale; or
(b) preparing turpentine gum, gum spirits of turpentine, and gum resin for sale.
For purposes of this exemption, containers mean boxes, crates, bags, bagging, ties, barrels, and other containers;
(8) newsprint paper, newspapers, and religious publications, including the Holy Bible and the South Carolina Department of Agricultures The Market Bulletin;
(9) coal, or coke or other fuel sold to manufacturers, electric power companies, and transportation companies for:
(a) use or consumption in the production of by-products;
(b) the generation of heat or power used in manufacturing tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacturing' includes the activities of a processor;
(c) the generation of electric power or energy for use in manufacturing tangible personal property for sale; or
(d) the generation of motive power for transportation. For the purposes of this exemption, `manufacturer' or `manufacturing' includes the activities of mining and quarrying;
(10)(7) (a) meals or foodstuffs used in furnishing meals to school children, if the sales or use are within school buildings and are not for profit;
(b) meals or foodstuffs provided to elderly or disabled persons at home by nonprofit organizations that receive only charitable contributions in addition to sale proceeds from the meals;
(11) (a) toll charges for the transmission of voice or messages between telephone exchanges;
(b) charges for telegraph messages; and
(c) carrier access charges and customer access line charges established by the Federal Communications Commission or the South Carolina Public Service Commission;
(12) water sold by public utilities, if rates and charges are of the kind determined by the Public Service Commission, or water sold by nonprofit corporations organized pursuant to Sections 33-35-10 to 33-35-170;
(13) fuel, lubricants, and supplies for use or consumption aboard ships in intercoastal trade or foreign commerce. This exemption does not exempt or exclude from the tax the sale of materials and supplies used in fulfilling a contract for the painting, repair, or reconditioning of ships and other watercraft;
(14) wrapping paper, wrapping twine, paper bags, and containers, used incident to the sale and delivery of tangible personal property;
(15)(8) (a) gasoline and other fuels subject to tax under Chapter 27 of Title 12; however, gasoline used in aircraft is not exempt from the sales and use tax;
(b) fuels subject to tax under Chapter 29 of Title 12; however, if the fuel tax is subsequently refunded under Section 12-29-380, the sales or use tax is due unless otherwise exempt, and the person receiving the refund is liable for the sales or use tax;
(c) fuels used in farm machinery and farm tractors; and
(d) fuels used in commercial fishing vessels.;
(16)(9) farm machinery and their replacement parts and attachments, used in planting, cultivating, or harvesting farm crops, including bulk coolers (farm dairy tanks) used in the production and preservation of milk on dairy farms, and machines used in the production of poultry and poultry products on poultry farms, when such products are sold in the original state of production or preparation for sale. This exemption does not include automobiles or trucks;
(17) machines used in manufacturing, processing, compounding, mining, or quarrying tangible personal property for sale. `Machines' include the parts of machines, attachments, and replacements used, or manufactured for use, on or in the operation of the machines and which are necessary to the operation of the machines and are customarily so used. This exemption does not include automobiles or trucks;
(18)(10) fuel used exclusively to cure agricultural products;
(19) electricity used by manufacturers, miners, or quarriers to manufacture, mine, or quarry tangible personal property for sale. For purposes of this item, `manufacturer' or `manufacture' includes the activities of processors;
(20) railroad cars, locomotives, and their parts, monorail cars, and the engines or motors that propel them, and their parts;
(21) vessels and barges of more than fifty tons burden;
(22) materials necessary to assemble missiles to be used by the Armed Forces of the United States;
(23)(11) farm, grove, vineyard, and garden products, if sold in the original state of production or preparation for sale, when sold by the producer or by members of the producer's immediate family;
(24) supplies and machinery used by laundries, cleaning, dyeing, pressing, or garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;
(25) motor vehicles (excluding trucks) or motorcycles, which are required to be licensed to be used on the highways, sold to a resident of another state, but who is located in South Carolina by reason of orders of the United States Armed Forces. This exemption is allowed only if, within ten days of the sale, the vendor is furnished a statement, from a commissioned officer of the Armed Forces of a higher rank than the purchaser, certifying that the buyer is a member of the Armed Forces on active duty, and a resident of another state or if the buyer furnishes a leave and earnings statement from the appropriate department of the armed services which designates the state of residence of the buyer;
(26) all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;
(27) all plants and animals sold to any publicly supported zoological park or garden or to any of its nonprofit support corporations;
(28)(12) (a) medicine and prosthetic devices sold by prescription, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples;
(b) hypodermic needles, insulin, alcohol swabs, and blood sugar testing strips sold to diabetics under the authorization and direction of a physician;
(c) medicine donated by its manufacturer to a public institution of higher education for research or for the treatment of indigent patients; and
(d) dental prosthetic devices;
(29)(13) Reserved; food which may be purchased lawfully with United States Department of Agriculture food stamps;
(30) office supplies, or other commodities, and services resold by the Division of General Services of the State Budget and Control Board to departments and agencies of the state government, if the tax was paid on the divisions original purchase;
(31) vacation time sharing lease plans as provided by Chapter 32 of Title 27;
(32)(14) natural and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk;
(33) electricity, natural gas, fuel oil, kerosene, LP gas, coal, or any other combustible heating material or substance used for residential purposes. Individual sales of kerosene of twenty gallons or less by retailers are considered used for residential heating purposes;
(34) thirty-five percent of the gross proceeds of the sale of modular homes as defined in Section 31-17-20;
(35) motion picture film sold or rented to or by theaters;
(36) tangible personal property where the seller, by contract of sale, is obligated to deliver to the buyer, or to an agent or donee of the buyer, at a point outside this State or to deliver it to a carrier or to the mails for transportation to the buyer, or to an agent or donee of the buyer, at a point outside this State;
(37) petroleum asphalt products, commonly used in paving, purchased in this State, which are transported and consumed out of this State;
(38) hearing aids, as defined by Section 40-25-20(5);
(39) concession sales at a festival by an organization devoted exclusively to public or charitable purposes, if:
(a) all the net proceeds are used for those purposes;
(b) the festival is listed as a special event in the calendar of events provided by the South Carolina Department of Parks, Recreation and Tourism; and
(c) in advance of the festival, its organizers provide the commission, on a form it prescribes, information necessary to insure compliance with this item. For purposes of this item, a `festival' does not include a recognized state or county fair;
(40) containers and chassis, including all parts, components, and attachments, sold to international shipping lines which have a contractual relationship with the South Carolina State Ports Authority and which are used in the import or export of goods to and from this State. The exemption allowed by this item is effective for sales after June 30, 1982;
(41) items sold by organizations exempt under Section 12-37-220 A(3) and (4) and B(5), (6), (7), (8), (12), (16), (19), (22), and (24), if the net proceeds are used exclusively for exempt purposes and no benefit inures to any individual. An organization whose sales are exempted by this item is also exempt from the retail license tax provided in Article 5 of this chapter. The exemption allowed by this item is effective for sales after June 30, 1989;
(42) depreciable assets, used in the operation of a business, pursuant to the sale of the business. This exemption only applies when the entire business is sold by the owner of it, pursuant to a written contract and the purchaser continues operation of the business. The exemption allowed by this item is effective for sales after June 30, 1987.
(43) all supplies, technical equipment, machinery, and electricity sold to motion picture companies for use in filming or producing motion pictures. For the purposes of this item, `motion picture' means any audiovisual work with a series of related images either on film, tape, or other embodiment, where the images shown in succession impart an impression of motion together with accompanying sound, if any, which is produced, adapted, or altered for exploitation as entertainment, advertising, promotional, industrial, or educational media; and a `motion picture company' means a company generally engaged in the business of filming or producing motion pictures;
(44)(15) electricity used to irrigate crops;
(45)(16) gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock.
(46) War memorials or monuments honoring units or contingents of the Armed Forces of the United States or of the National Guard, including United States military vessels, which memorials or monuments are affixed to public property;
(47) tangible personal property sold to charitable hospitals predominantly serving children exempt under Section 12-37-220, where care is provided without charge to the patient.
(48) solid waste disposal collection bags required pursuant to the solid waste disposal plan of a county or other political subdivision if the plan requires the purchase of a specifically designated containment bag for solid waste disposal;"
SECTION ___. The additional revenue generated each fiscal year beginning on July 1, 1996, as determined by the State Treasurer from the amendments to Sections 12-36-2110 and 12-36-2120 of the 1976 Code as contained in this act must be transferred from the state general fund to the credit of the Property Tax Relief Fund herein established and used for purposes of the fund.
SECTION ___. Sections 11-11-330 and 12-37-251 and Chapter 10 of Title 4 of the 1976 Code are repealed on July 1, 1996./
Amend the Report further, as and if amended by striking SECTION 11 and inserting:
/SECTION 11. This act takes effect upon approval by the Governor, except that the amendments to or additions of Article 10, Chapter 36 of Title 12, and Sections 12-36-2110 and 12-36-2120 take effect July 1, 1996./
Renumber sections to conform.
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. SIMRILL moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 9.
Rep. RICHARDSON proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5680HTC.95), which was tabled.
Amend the report, as and if amended, by striking SECTIONS 4, 5, 6, and 7 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 64 to 24.
Rep. MARTIN proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\PFM\7333BDW.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ( ). The 1976 Code is amended by adding:
"Section 12-47-75. If a taxpayer or his agent pays property taxes in error, or the payment is erroneously credited, the treasurer shall credit the amount paid against the actual liability of the taxpayer for the tax year in question. This section applies for any tax year for which proof is provided."/
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. RICHARDSON proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\JIC\5682HTC.95), which was tabled.
Amend the report, as and if amended, by striking Section 12-37-251, as contained in SECTION 1, beginning on page 3651-2, and inserting:
/Section 12-37-251. Amounts appropriated annually in the State Property Tax Relief Fund must be used to provide a credit against the property tax liability of each parcel of owner-occupied residential property assessed pursuant to Section 12-43-220(c) in the manner provided in this section. Revenues in the State Property Tax Relief Fund must be distributed to each county in the proportion that the total appraised value of property in the county assessed pursuant to Section 12-43-220(c) bears to the total appraised value of such property statewide. Each county's distribution must be used to provide a credit against the annual property tax liability of each parcel of Section 12-43-220(c) property in the county in an amount calculated by multiplying the county's annual distribution by a fraction in which the numerator is the appraised value of the parcel and the denominator is the total appraised value of Section 12-43-220(c) property in the county. The credit must be separately stated on the property tax bill. The distribution to a county under this section must be credited to the taxing entities in the county in the proportion that the property tax revenue of each entity is of the total property tax revenue of all taxing entities in the county./
Renumber sections to conform.
Amend title to conform.
Rep. RICHARDSON explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\5686HTC.95), which was adopted.
Amend the report, as and if amended, SECTION 10, page 3651-8, by adding at the end of line 32 /Upon issuing its report, the committee terminates./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\5687HTC.95).
Amend the bill, as and if amended, by adding a new SECTION, appropriately numbered, to read:
/SECTION ___. Article 1, Chapter 7, Title 2 of the 1976 Code is amended by adding:
"Section 2-7-130. A bill or joint resolution raising an existing state tax or imposing a new state tax must receive a vote of at least two-thirds of the membership of each house."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. KIRSH moved to adjourn debate upon the amendment, which was adopted.
Rep. LIMBAUGH proposed the following Amendment No. 19 (Doc Name L:\council\legis\amend\GJK\21587SD.95), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 59-73-35 of the 1976 Code as contained in SECTION 7 by adding a new subsection to be appropriately numbered to read:
/( ) the provisions of this section do not apply to a school district and the governing body thereof which determines its annual budget and the necessary levy of school taxes therefor pursuant to a public meeting of the qualified electors of the school district./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Rep. ROGERS proposed the following Amendment No. 20 (Doc Name L:\council\legis\amend\JIC\5683HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. The first paragraph of Section 12-43-220(c) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"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. This subsection (c) is not applicable unless the owner of the property or his agents make written application 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 as of January first of 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. However, when a new or renovated residential property has been certified for occupancy after the beginning of a tax year, the property must be assessed as provided in item (e) on the unimproved value of the property."
B. This act takes effect upon approval by the Governor and applies with respect to property tax years beginning after 1994./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 21, which was tabled.
Amend the bill, as and if amended, by deleting Section 9 and inserting:
SECTION 9. Chapter 1, Title 6 of the 1976 Code is amended by adding:
A. "Section 6-1-80. (A) The counties, municipalities, special purpose or public service districts and school districts of this State must provide notice to the public by advertising the public hearing before the adoption of its budget for the next fiscal year in the nonclassified section in at least one South Carolina newspaper of general audited circulation in the area. The public hearing must give the residents of the jurisdiction the opportunity to express their concerns and to provide ideas or input for discussion by the local governing entity. This notice must be given not less than fifteen days in advance of the public hearing, and must be a minimum of two columns by ten inches (four and one-half by ten inches) with a bold headline.
(B) The notice shall include the following:
(1) the governing entity's name;
(2) the time, date and location of the public hearing on the budget;
(3) the total revenues and expenditures from the current operating fiscal year's budget of the governing entity;
(4) the proposed total projected revenue and operating expenditures for the next fiscal year as estimated in next year's budget for the governing entity;
(5) the proposed or estimated percentage change in operating budgets between the current fiscal year and the proposed budget;
(6) the millage for the current fiscal year;
(7) the estimated millage in dollars as necessary for the next fiscal year's proposed budget; and
(8) estimated local option sales tax credit, if applicable.
B. This section becomes effective for budgets prepared for fiscal years beginning after July 1, 1995.
Renumber sections & amend title to conform.
Rep. McABEE explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 54 to 38.
Reps. LANFORD, BAILEY and KNOTTS proposed the following Amendment No. 22 (Doc Name L:\council\legis\amend\JIC\5631HTC.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent of gross proceeds of sales or sales price is imposed pursuant to this chapter. Of the total revenue of the tax imposed by this article, an amount equal to 24.6 percent must be credited to the general fund of the State and 6.1 percent must be credited to the Education Improvement Act Fund. The remaining revenues must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to reimburse property taxing governmental entities for the revenues not collected as a result of the homestead exemption allowed pursuant to Section 12-37-251. Reimbursements must be made from the fund in the manner that reimbursements are made pursuant to Section 12-37-270, mutatis mutandis. If insufficient revenues are available in the fund to provide the full reimbursement, the difference must be made up from the general fund of the State and the general fund must be reimbursed from revenues accruing in the State Property Tax Relief Fund."
SECTION 2. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 3. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
SECTION 4. Chapter 10, Title 4 of the 1976 Code is repealed.
SECTION 5. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-251. There is exempt from property tax one hundred percent of the fair market value of property assessed for ad valorem taxes pursuant to Section 12-43-220(c)."
SECTION 6. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-75. In addition to any other limit imposed on the revenue raising power of municipalities, counties, and school districts, the governing body of a municipality or county, and the governing body authorized by law to levy school taxes may not impose for any property tax year millage in excess of the millage it imposed for the preceding tax year except upon a three-fifths majority vote of the governing body."
SECTION 7. Sections 1 through 4 of this act take effect July 1, 1995. Section 5 of this act is effective for property tax years beginning after 1994. Section 6 takes effect upon approval by the Governor./
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Keegan Kelley Kirsh Klauber Law Limbaugh Limehouse Marchbanks Mason McAbee Meacham Neilson Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Tripp Trotter Vaughn Walker Wells Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Beatty Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Delleney Elliott Fleming Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Knotts Koon Lanford Littlejohn Lloyd Martin McCraw McTeer Moody-Lawrence Neal Phillips Richardson Riser Rogers Scott Sheheen Shissias Stoddard Stuart Thomas Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Williams Wright
So, the House refused to table the amendment.
Reps. H. BROWN and WALKER spoke against the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY continued speaking.
Rep. SCOTT spoke in favor of the amendment.
Rep. BOAN spoke against the amendment.
Rep. LANFORD moved to adjourn debate upon the amendment, which was adopted.
The SPEAKER granted Rep. WELLS a temporary leave of absence due to illness.
Reps. WRIGHT, KNOTTS and VAUGHN proposed the following Amendment No. 25 (Doc Name L:\council\legis\amend\DKA\3835HTC.95), which was tabled.
Amend the report, as and if amended, Section 11-11-330, as contained in SECTION 1, page 3651-2, by inserting an appropriately lettered subsection immediately after line 5 to read:
/( ) Effective beginning with appropriations for the fiscal year beginning in the first property tax year after the tax exemption allowed pursuant to Section 12-37-251 is fully implemented, and notwithstanding the provisions of Section 11-11-140, the General Assembly annually shall appropriate an amount not less than one-half of estimated recurring general fund revenue growth to a special fund set aside to provide a property tax exemption from operating millages for all taxable property other than property assessed pursuant to Section 12-43-220(c). The exemption shall apply in the manner that the General Assembly shall provide by law and it is the intention of the General Assembly annually and cumulatively to provide funds sufficient to phase in a one hundred percent operating millage exemption for such property./
Amend further by striking SECTIONS 4 through 9 and inserting:
/SECTION 4. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an amount of the fair market value of real property, not including agricultural real property, equal to increases in such value resulting from countywide reassessment programs occurring after the current owner acquired the property. This exemption does not extend to increases in fair market value attributable to permanent improvements, unless such improvements merely restore the status quo ante of a structure damaged or destroyed by mishap or natural disaster. When ownership of real property benefiting from this exemption changes, the fair market value of the property escalates to its then current fair market value. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by interspousal gift or by a surviving spouse by devise or operation of law is not considered a change of ownership."
B. This section is effective for increases in fair market value occurring as a result of reassessment programs occurring after 1994.
SECTION 5. A. Article 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. The governing body of a county, municipality, special purpose or public service district, and the governing body authorized by law to levy school taxes may not increase the millage rate it imposes for a tax year over the millage rate it imposed for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. An additional increase, not to exceed the increase allowed to reflect one-half the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."
B. This section applies for property tax years beginning after 1995./
Renumber sections to conform.
Amend title to conform.
Rep. WRIGHT explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. WRIGHT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Boan Breeland Brown, H. Brown, T. Byrd Cain Canty Carnell Cave Clyburn Cobb-Hunter Dantzler Delleney Fleming Fulmer Govan Hallman Harrell Harris, P. Harwell Herdklotz Howard Huff Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Law Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neal Rhoad Richardson Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, R. Stille Thomas Townsend Tucker Walker Whatley Whipper, L. Whipper, S. White Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Askins Brown, G. Cato Chamblee Cooper Cotty Davenport Easterday Fair Felder Gamble Harris, J. Harrison Haskins Hutson Jennings Knotts Koon Lanford Limehouse Neilson Phillips Quinn Rice Riser Sharpe Shissias Spearman Stoddard Stuart Tripp Trotter Vaughn Waldrop Wilder Wilkes Williams Wright
So, the amendment was tabled.
Reps. WILKINS, ROBINSON, D. SMITH, LIMBAUGH, FULMER, LAW, WHATLEY, KELLEY, WRIGHT, A. YOUNG, KLAUBER, KIRSH, TRIPP, HASKINS, SEITHEL, TROTTER, SIMRILL, KOON, HUFF, LIMEHOUSE, CATO, HALLMAN, RICHARDSON, MEACHAM and VAUGHN proposed the following Amendment No. 26 (Doc Name L:\council\legis\amend\JIC\5679HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 11-11-440(A) of the 1976 Code is amended to read:
"(A) The General Assembly may not provide for any general tax increase or enact new general taxes in the permanent provisions of the State General Appropriation Act or acts supplemental thereto, and any such general tax increases or new general taxes must be enacted only by separate act passed by a vote of at least two-thirds of the members of each house."/
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Huff Hutson Inabinett Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Kennedy
So, the amendment was adopted.
Rep. COTTY proposed the following Amendment No. 27 (Doc Name L:\council\legis\amend\DKA\3836HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by adding at the end of line 11 /The exemption allowed by this section does not extend to any millage for operating purposes levied pursuant to a referendum./
Amend further, page 3651-4, by adding beginning on line 15 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-4, by striking beginning on line 17 /or payments for real property purchased using a lease-purchase agreement/.
Amend further, page 3651-5, by adding beginning on line 2 /Notwithstanding the provisions of this subsection, no millage rate increase or fee rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-5, by striking beginning on line 4 /or payments for real property purchased using a lease-purchase agreement/.
Amend further, page 3651-5, by adding beginning on line 36 /Notwithstanding the provisions of this subsection, no millage rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-5, by striking beginning on line 38 /or payments for real property purchased using a lease-purchase agreement/.
Amend further, page 3651-6, by adding beginning on line 31 /Notwithstanding the provisions of this subsection, no millage rate increase imposed pursuant to this subsection may exceed an amount equal to the Consumer Price Index adjustment allowed pursuant to subsection (A) unless the additional increase is approved by referendum./
Amend further, page 3651-6, by striking beginning on line 33 /or payments for real property purchased using a lease-purchase agreement/.
Amend title to conform.
Rep. COTTY explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. COTTY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 70 to 15.
Rep. McTEER moved delayed cloture on the entire matter.
Rep. HASKINS moved immediate cloture on the entire matter.
Rep. McTEER raised the Point of Order that the motion to invoke immediate cloture was out of order as his motion was the first motion and had to be disposed of first.
The SPEAKER stated that Rule 8.5 did not specify whether delayed or immediate cloture took precedence. He further stated that it clearly stated that a tabling motion was a higher motion than the previous question, so you could move to table the previous question and that there was no distinction between delayed cloture or cloture as far as one being higher than the other.
Rep. SHEHEEN stated that on timed motions which are allowed by specified times that the House had never allowed tabling motions. He further stated that cloture was a timed motion.
The SPEAKER sustained the Point of Order.
The question then recurred to the motion to invoke delayed cloture, which was rejected.
Reps. HODGES and BOAN proposed the following Amendment No. 28 (Doc Name L:\council\legis\amend\JIC\5688AC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, Page 3651-2, by striking on line 28 /percentage/ and inserting /amount/ and by striking on line 30 /one hundred percent of fair market value/ and inserting /no greater than $100,000/
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. MARTIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Felder Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Knotts Lloyd Martin McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was tabled.
Rep. SIMRILL proposed the following Amendment No. 29 (Doc Name L:\council\legis\amend\DKA\3837HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by striking lines 14 through 18 and inserting /the homestead that is exempt from such millage is one-half of the fair market value capped at fifty-seven thousand dollars. In/.
Amend further, page 3651-2, by inserting before /must/ on line 22 /is one-half of the fair market value capped at an amount that/.
Amend title to conform.
Rep. SIMRILL explained the amendment.
Rep. KENNEDY moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harwell Herdklotz Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Law Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw Moody-Lawrence Neal Neilson Phillips Rhoad Rice Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Smith, R. Spearman Stille Thomas Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Fair Fleming Haskins Hutson Limbaugh Limehouse Meacham Richardson Simrill Smith, D. Stuart Tripp
So, the amendment was tabled.
Reps. H. BROWN and McABEE proposed the following Amendment No. 31 (Doc Name L:\council\legis\amend\JIC\5685HTC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding the provisions of Section 12-43-220(d)(3) of the 1976 Code, the deadline for filing for agricultural use value for property owned as of December 31, 1993, is extended to January 15, 1996./
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. MEACHAM proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\BBM\10036SD.95), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking Sections 1 and 2 and inserting:
/SECTION 1. Section 12-37-250 of the 1976 Code is amended to read:
"Section 12-37-250. The first twenty thousand dollars Eighty percent of the entire fair market value of the dwelling place of a person for 1995 and one hundred percent for 1996 and thereafter is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five fifty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five fifty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant.
When any person would be entitled to a homestead tax exemption under this section except that he does not own the real property on which his dwelling place is located and his dwelling place is a mobile home owned by him located on property leased from another, such mobile home shall be exempt from personal property taxes to the same extent and obtained in accordance with the same procedures as is provided for in this section for an exemption from real property taxes; provided, however, that no person shall receive such an exemption from both real and personal property taxes in the same year.
When a dwelling house and legal residence is located on leased or rented property and such dwelling house is owned and occupied by the owner even though at the end of the lease period the lessor becomes owner of the residence, the owner lessee shall qualify for and be entitled to a homestead exemption in the same manner as though he owned a fee simple or life estate interest in the leased property on which his dwelling house is located.
When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five fifty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five fifty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place.
The term "permanently and totally disabled" as used herein shall mean the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more or result in death.
The Comptroller General shall reimburse the state agency of Vocational Rehabilitation for the actual expenses incurred in making decisions relative to disability from funds appropriated for homestead reimbursement.
The Comptroller General shall promulgate such rules and regulations as may be necessary to carry out the provisions herein.
Nothing herein shall be construed as an intent to cause the reassessment of any person's property.
The provisions of this section shall apply to life estates created by will and also to life estates otherwise created which were in effect on or before December 31, 1979.
The homestead tax exemption must be granted in the amount in this paragraph to those persons who own a dwelling in part in fee or in part for life when the persons satisfy the other conditions of the exemption. The amount of the exemption must be determined by multiplying the percentage of the fee or life estate owned by the person by the full exemption. For purposes of the calculation required by this paragraph, a percentage of ownership less than five percent is considered to be five percent. The exemption may not exceed the value of the interest owned by the person./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. MEACHAM demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 71 to 12.
Rep. MEACHAM proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\BBM\10033SD.95), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking Sections 1 and 2 and inserting:
/SECTION 1. Section 12-37-250 of the 1976 Code is amended to read:
"Section 12-37-250. The first twenty thousand dollars of the entire fair market value of the dwelling place of a person is exempt from county, municipal, school, and special assessment real estate property taxes when the person has been a resident of this State for at least one year and has reached the age of sixty-five years on or before December thirty-first, the person has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or the person is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. A person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of the person using its own standards. The exemption includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife, and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, before January first of the tax year in which the exemption is claimed, and either has been a resident of the State for one year. The exemption must not be granted for the tax year in which it is claimed unless the person or his agent makes written application for the exemption before July sixteenth of that tax year. If the person or his agent makes written application for the exemption after July fifteenth, the exemption must not be granted except for the succeeding tax year for a person qualifying under this section when the application is made. However, if application is made after July fifteenth of that tax year but before the first penalty date on property taxes for that tax year by a person qualifying under this section when the application is made, the taxes due for that tax year must be reduced to reflect the exemption provided in this section. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General, and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor, as directed by the Comptroller General, shall notify the municipality of all applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. "Dwelling place" means the permanent home and legal residence of the applicant.
When any person would be entitled to a homestead tax exemption under this section except that he does not own the real property on which his dwelling place is located and his dwelling place is a mobile home owned by him located on property leased from another, such mobile home shall be exempt from personal property taxes to the same extent and obtained in accordance with the same procedures as is provided for in this section for an exemption from real property taxes; provided, however, that no person shall receive such an exemption from both real and personal property taxes in the same year.
When a dwelling house and legal residence is located on leased or rented property and such dwelling house is owned and occupied by the owner even though at the end of the lease period the lessor becomes owner of the residence, the owner lessee shall qualify for and be entitled to a homestead exemption in the same manner as though he owned a fee simple or life estate interest in the leased property on which his dwelling house is located.
When any person who was entitled to a homestead tax exemption under this section dies or any person who was not sixty-five years of age or older, blind, or disabled on or before December thirty-first preceding the application period, but was at least sixty-five years of age, blind, or disabled at the time of his death and was otherwise entitled dies and the surviving spouse is at least fifty years of age and acquires complete fee simple title or a life estate to the dwelling place within nine months after the death of the spouse, the dwelling place is exempt from real property taxes to the same extent and obtained in accordance with the same procedures as are provided for in this section for an exemption from real property taxes so long as the spouse remains unmarried and the dwelling place is utilized as the permanent home and legal residence of the spouse. A surviving spouse who disposes of the dwelling place and acquires another residence in this State for use as a dwelling place may apply for and receive the exemption on the newly acquired dwelling place. The spouse shall inform the county auditor of the change in address of the dwelling place.
The term "permanently and totally disabled" as used herein shall mean the inability to perform substantial gainful employment by reason of a medically determinable impairment, either physical or mental, which has lasted or is expected to last for a continuous period of twelve months or more or result in death.
The Comptroller General shall reimburse the state agency of Vocational Rehabilitation for the actual expenses incurred in making decisions relative to disability from funds appropriated for homestead reimbursement.
The Comptroller General shall promulgate such rules and regulations as may be necessary to carry out the provisions herein.
Nothing herein shall be construed as an intent to cause the reassessment of any person's property.
The provisions of this section shall apply to life estates created by will and also to life estates otherwise created which were in effect on or before December 31, 1979.
The homestead tax exemption must be granted in the amount in this paragraph to those persons who own a dwelling in part in fee or in part for life when the persons satisfy the other conditions of the exemption. The amount of the exemption must be determined by multiplying the percentage of the fee or life estate owned by the person by the full exemption. For purposes of the calculation required by this paragraph, a percentage of ownership less than five percent is considered to be five percent. The exemption may not exceed the value of the interest owned by the person./
Renumber sections to conform.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Rep. MEACHAM proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\JIC\5690AC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by inserting before /must/ on line 14 /is a uniform percentage of fair market value above $20,000 of such property that/
Amend further, page 3651-2, by inserting after /value/ on line 21 /above $20,000/ and after /value/ on line 29 /above $20,000/.
Amend further, page 3651-2, line 21, by striking /amount/ and inserting /percentage/.
Amend title to conform.
Rep. MEACHAM explained the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. SIMRILL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 63 to 20.
Rep. McTEER proposed the following Amendment No. 37 (Doc Name L:\council\legis\amend\GJK\21591SD.95), which was rejected.
Amend the bill, as and if amended, Section 12-37-251(F), as contained in SECTION 2, Page 3651-3, by adding beginning on line 9 /Beginning with appropriations for fiscal year 1996-97 and continuing through appropriations for fiscal year 2005-06, the base student cost must be increased cumulatively by at least three hundred dollars each fiscal year. Each year this requirement is met, the EFA is deemed to be fully funded. No portion of EIA funds may be counted toward base student cost beyond that amount included in the general appropriations act for fiscal year 1995-96. A local school district is not subject to the maintenance of effort requirements for that portion of the three hundred dollar increase that exceeds the EFA inflation factor. However, millage for school purposes shall be rolled back in an amount equal to the increase that exceeds the EFA inflation factor./
Amend totals and title to conform.
Rep. McTEER explained the amendment.
Rep. HASKINS raised the Point of Order that Amendment No. 37 was out of order as it was not germane.
Rep. McTEER argued contra the point citing page 3651-3, Lines 4 and 5, and stating that the purpose of the amendment was to describe what full funding of the Education Finance Act meant. He further stated that the amendment was really just defining what line Subsection F was.
The SPEAKER questioned if it was increasing the base student cost.
Rep. McTEER stated that it was increasing the base student cost and that it stated that each year that the requirement was met, then the Education Finance Act was deemed to be fully funded and this was describing what it took to finance it as Line 5 required.
The SPEAKER stated that he had to determine if it met the criteria of Rule 9.3 and if it related to the intent of the proposition under consideration.
Rep. WALKER stated that the intent of the whole proposal in the section was to make sure that EFA was fully funded and this was addressing that.
The SPEAKER overruled the Point of Order.
Rep. McTEER continued speaking.
Rep. H. BROWN moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, H. Cato Chamblee Cotty Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Keegan Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Marchbanks Mason Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Wells Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Allison Anderson Bailey Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Cain Canty Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Davenport Delleney Felder Gamble Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Jennings Kelley Kennedy Keyserling Kinon Littlejohn Lloyd Martin McAbee McCraw McTeer Meacham Moody-Lawrence Neal Phillips Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Tucker Walker Whatley Whipper, L. Whipper, S. White Wilder Wilkes Worley Young, J.
So, the House refused to table the amendment.
Rep. HUFF spoke against the amendment.
Rep. ROBINSON moved immediate cloture on the entire matter.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Baxley Brown, H. Cain Cato Chamblee Cooper Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harris, P. Harrison Harwell Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Neilson Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Bailey Beatty Boan Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Felder Gamble Govan Harris, J. Hines Howard Inabinett Kennedy Keyserling Lanford Lloyd McAbee McCraw McTeer Neal Phillips Richardson Rogers Scott Sheheen Shissias Spearman Tucker Whipper, L. Whipper, S. White Wilder Wilkes Wright
So, immediate cloture was ordered.
Rep. WILKES moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Beatty Boan Brown, G. Byrd Canty Carnell Cave Chamblee Clyburn Cobb-Hunter Davenport Felder Govan Harris, P. Harwell Hines Howard Inabinett Kennedy Keyserling Kinon Klauber Lloyd Martin McAbee McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Spearman White Wilder Wilkes Wright
Those who voted in the negative are:
Allison Baxley Brown, H. Cain Cato Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kirsh Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Phillips Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkins Witherspoon Wofford Worley Young, A. Young, J.
So, the House refused to adjourn.
Rep. HARRELL spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. HASKINS spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Beatty Boan Brown, G. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Felder Govan Harris, J. Harwell Hines Hodges Howard Inabinett Kennedy Keyserling Lloyd Martin McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
Those who voted in the negative are:
Allison Anderson Brown, H. Cain Cato Cooper Cotty Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the amendment was rejected.
Rep. LIMBAUGH proposed the following Amendment No. 38 (Doc Name L:\council\legis\amend\GJK\21593SD.95), which was adopted.
Amend the bill, as and if amended, by striking the unnumbered subsection added to Section 59-73-35 of the 1976 Code by the amendment of Representative Limbaugh (doc. no. L:\COUNCIL\LEGIS\AMEND\GJK\21587SD.95) and inserting:
/( ) the provisions of this section do not apply to a school district in which any increase in the ad valorem school tax levy for a particular year must be approved by the qualified electors of the school district in a referendum./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMBAUGH explained the amendment.
The amendment was then adopted.
Reps. HODGES, WILKES and BOAN proposed the following Amendment No. 40 (Doc Name L:\council\legis\amend\JIC\5674HTC.95), which was tabled.
Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by striking lines 26 through 32 and inserting:
/No exemption calculated pursuant to this section may exempt more than 125,000 dollars of fair market value of a property for any one property tax year./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Beatty Boan Brown, G. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Harris, J. Harris, P. Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Lloyd Martin McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. White Wilder Wilkes
So, the amendment was tabled.
Rep. WILKES moved that the House do now adjourn.
Rep. H. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Baxley Beatty Boan Byrd Canty Carnell Cave Chamblee Cobb-Hunter Davenport Harris, J. Harris, P. Harwell Howard Inabinett Kennedy Keyserling Lloyd McAbee Moody-Lawrence Neal Sheheen Spearman Stille Tucker Waldrop Whipper, L. White Wilkes
Those who voted in the negative are:
Allison Bailey Brown, H. Cain Cato Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw McTeer Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
Reps. LANFORD, KOON, KNOTTS, BAILEY, ASKINS, WRIGHT and KENNEDY proposed the following Amendment No. 41 (Doc Name L:\council\legis\amend\JIC\5691HTC.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The State Election Commission shall conduct a statewide referendum on May 16, 1995, on the question of raising the sales tax in order to provide property tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to seven percent to exempt food from the sales tax, to grant owner-occupied residential property an exemption from all property taxes, and to repeal the local option sales and use tax?
_ Yes
_ No
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent of gross proceeds of sales or sales price is imposed pursuant to this chapter. Of the total revenue of the tax imposed by this article, an amount equal to 24.6 percent must be credited to the general fund of the State and 6.1 percent must be credited to the Education Improvement Act Fund. The remaining revenues must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to reimburse property taxing governmental entities for the revenues not collected as a result of the homestead exemption allowed pursuant to Section 12-37-251. Reimbursements must be made from the fund in the manner that reimbursements are made pursuant to Section 12-37-270, mutatis mutandis. If insufficient revenues are available in the fund to provide the full reimbursement, the difference must be paid from the general fund of the state and the general fund must be reimbursed from revenues accruing in the State Property Tax Relief Fund."
SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 4. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
SECTION 5. Chapter 10, Title 4 of the 1976 Code is repealed.
SECTION 6. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-251. Beginning for property tax year 1995, there is exempt from property tax one hundred percent of the fair market value of property assessed for ad valorem taxes pursuant to Section 12-43-220(c)."
SECTION 7. A. The gross proceeds of sales of tangible personal property delivered after June 30, 1995, in this State, either under the terms of a construction contract executed before July 1, 1995, or a written bid submitted before July 1, 1995, culminating in a construction contract entered into before or after July 1, 1995, are exempt from the tax provided in Section 12-36-1110 of the 1976 Code if a verified copy of the contract is filed with the South Carolina Department of Revenue and Taxation before January 1, 1996.
B. Notwithstanding the date of general imposition of the tax imposed pursuant to Section 12-36-1110 of the 1976 Code, with respect to services that are regularly billed on a monthly basis, the tax is imposed beginning on the first day of the billing period beginning on or after July 1, 1995.
SECTION 8. Chapter 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-75. In addition to any other limit imposed on the revenue raising power of municipalities, counties, and school districts, the governing body of a municipality or county, and the governing body authorized by law to levy school taxes may not impose for any property tax year millage in excess of the millage it imposed for the preceding tax year except upon a three-fifths majority vote of the governing body."
SECTION 9. Section 1 of this act takes effect upon approval by the Governor. The remaining provisions take effect July 1, 1995, but only if a majority "yes" vote is certified by the State Election Commission pursuant to Section 1 of this act./
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. MARCHBANKS moved to table the amendment.
Rep. LANFORD demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Boan Brown, H. Cain Cato Chamblee Clyburn Cooper Cotty Dantzler Delleney Easterday Fair Felder Fulmer Hallman Harrell Harris, J. Harrison Harwell Haskins Herdklotz Huff Jennings Keegan Kelley Kinon Kirsh Klauber Law Limbaugh Littlejohn Marchbanks Martin Mason Meacham Neilson Rice Robinson Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Beatty Breeland Brown, G. Brown, T. Byrd Canty Carnell Cave Cobb-Hunter Cromer Davenport Fleming Gamble Govan Hodges Howard Hutson Inabinett Kennedy Keyserling Knotts Koon Lanford Limehouse Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Phillips Quinn Rhoad Richardson Riser Rogers Sandifer Scott Sheheen Shissias Spearman Stille Stuart Thomas Townsend Tucker Whipper, L. White Wilder Wilkes Wright
So, the amendment was tabled.
Rep. McTEER proposed the following Amendment No. 43 (Doc Name L:\council\legis\amend\JIC\5689HTC.95), which was tabled.
Amend the bill, as and if amended, Section 12-37-251(F), as contained in SECTION 2, Page 3651-3, by adding beginning on line 9 /Beginning with appropriations for fiscal year 1996-97 and continuing through appropriations for fiscal year 2005-06, the base student cost must be increased cumulatively by at least two hundred dollars each fiscal year. Each year this requirement is met, the EFA is deemed to be fully funded. No portion of EIA funds may be counted toward base student cost beyond that amount included in the general appropriations act for fiscal year 1995-96. A local school district is not subject to the maintenance of effort requirements for that portion of the three hundred dollar increase that exceeds the EFA inflation factor./
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.
Reps. SANDIFER and CAIN proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\21585SD.95), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, in Section 4-9-142 of the 1976 Code as contained in SECTION 4 and in Section 5-21-70 as contained in SECTION 5 immediately after /Constitution/ on the last line of item (2) of subsection (A) in each section by inserting
/, or to offset a deficit in providing a service or function which is funded through the imposition of fees by increasing such fees in an amount necessary to cover that deficit/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SANDIFER explained the amendment.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\21579SD.95), which was tabled.
Amend the Report of the Ways and Means Committee, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION ____. (A) Notwithstanding any other provision of law, no county, municipality, school district, special purpose district, or other political subdivision of this State with limited or unlimited fiscal autonomy may levy ad valorem tax millage in any year which exceeds the ad valorem tax millage it levied for the previous year as adjusted by the annual rate of inflation in the previous year as reflected in the increase in the consumer price index for the southeast published by the United States Department of Labor unless the millage increase is first approved by a majority of the qualified electors of the county, municipality, school district, special purpose district, or other political subdivision in a referendum held on the question of increasing such millage. The political subdivision shall call the referendum, set its date, frame the question for the ballot, and bear its cost. The county election commission shall conduct the referendum in accordance with the election laws of this State, mutatis mutandis, and declare the results.
(B) The provisions of this section are cumulative to any other limitations on ad valorem tax millage increases provided by law or the Constitution of this State, except that where another provision of law also requires a referendum to increase ad valorem tax millage of a particular entity above a certain amount, only one referendum shall be required.
(C) Where more than one referendum in a county is required in any year due to multiple political subdivisions proposing increases in ad valorem tax millages, the referendums to the extent possible must be held at the same time by the county election commission./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, T. Cain Canty Cave Chamblee Clyburn Cobb-Hunter Cromer Dantzler Delleney Felder Fulmer Govan Hallman Harrell Harris, J. Harris, P. Harrison Herdklotz Hodges Howard Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Law Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Sandifer Scott Seithel Sheheen Simrill Smith, D. Stille Thomas Townsend Tucker Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Witherspoon Wofford Young, A. Young, J.
Those who voted in the negative are:
Cato Cooper Cotty Davenport Easterday Fair Fleming Gamble Haskins Huff Knotts Koon Limehouse Quinn Rice Riser Rogers Sharpe Shissias Smith, R. Spearman Stuart Tripp Trotter Vaughn Waldrop Wright
So, the amendment was tabled.
Rep. KOON proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21581SD.95), which was tabled.
Amend the Report of the Ways and Means Committee, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use, and casual excise tax equal to two percent of gross proceeds of sales or sales price is imposed pursuant to this chapter. Of the total revenue of the tax imposed by this article, an amount equal to 24.6 percent must be credited to the general fund of the State and 6.1 percent must be credited to the Education Improvement Act. The remaining revenues must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to reimburse property taxing governmental entities for the revenues not collected as a result of the homestead exemption for school taxes allowed pursuant to Section 12-37-251. Reimbursements must be made from the fund in the manner that reimbursements are made pursuant to Section 12-37-270, mutatis mutandis. If insufficient revenues are available in the fund to provide the full reimbursement, the difference must be made up from the general fund of the State and the general fund must be reimbursed from revenues accruing in the State Property Tax Relief Fund. If excess revenues are available in the fund after full reimbursement, the excess must be distributed to the several counties of this State on a per capita basis and used by the counties only to reduce ad valorem taxes for county operating purposes."
SECTION 2. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
SECTION 3. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals."
SECTION 4. Chapter 10, Title 4 of the 1976 Code is repealed.
SECTION 5. Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-251. There is a homestead exemption from ad valorem school operating and debt service taxes equal to one hundred percent of the fair market value of property assessed for ad valorem taxes pursuant to Section 12-43-220(c)."
SECTION 6. The 1976 Code is amended by adding:
"Section 12-37-252. Revenue gained by the State of South Carolina each fiscal year as determined by the Comptroller General because of lower reimbursements to counties and municipalities for revenue lost as a result of the existing homestead exemption provided by law not contained in Section 12-37-251 must be deposited in the State Property Tax Relief Fund."
SECTION 7. The 1976 Code is amended by adding:
"Section 12-36-1115. Revenue gained by the State of South Carolina each fiscal year as determined by the Comptroller General as a result of taxpayers deducting lower property tax expenses on their state income tax returns because of the provisions of Section 12-37-251 must be deposited in the State Property Tax Relief Fund."/
Amend the Report further, as and if amended by striking SECTION 11 and inserting:
/SECTION 11. This act takes effect July 1, 1995, except that Section 5 of this act is effective for property tax years beginning after 1994./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KOON explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KOON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Beatty Boan Brown, G. Brown, H. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cooper Cotty Cromer Dantzler Delleney Easterday Fair Felder Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hodges Huff Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Limbaugh Lloyd Marchbanks Martin Mason McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Rice Richardson Robinson Rogers Sandifer Seithel Sheheen Simrill Smith, D. Smith, R. Spearman Thomas Tripp Trotter Tucker Vaughn Waldrop Wells Whatley Whipper, L. White Wilkes Wilkins Witherspoon Wofford Young, A. Young, J.
Those who voted in the negative are:
Askins Breeland Canty Cobb-Hunter Davenport Fleming Govan Howard Kennedy Keyserling Knotts Koon Lanford Limehouse Littlejohn Neal Riser Scott Sharpe Shissias Stille Stuart Townsend Walker Wilder Wright
So, the amendment was tabled.
Reps. WRIGHT, KNOTTS, VAUGHN, QUINN and LANFORD proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5664HTC.95), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) an amount of the fair market value of real property, not including agricultural real property, equal to increases in such value resulting from countywide reassessment programs occurring after the current owner acquired the property. This exemption does not extend to increases in fair market value attributable to permanent improvements, unless such improvements merely restore the status quo ante of a structure damaged or destroyed by mishap or natural disaster. When ownership of real property benefiting from this exemption changes, the fair market value of the property escalates to its then current fair market value. For purposes of this exemption, the acquisition of residential property assessed pursuant to Section 12-43-220(c) by interspousal gift or by a surviving spouse by devise or operation of law is not considered a change of ownership."
B. This section is effective for increases in fair market value occurring as a result of reassessment programs occurring after 1994.
SECTION 2. A. Article 1, Title 6 of the 1976 Code is amended by adding:
"Section 6-1-60. The governing body of a county, municipality, special purpose or public service district, and the governing body authorized by law to levy school taxes may not increase the millage rate it imposes for a tax year over the millage rate it imposed for the prior tax year by more than the percentage increase in the consumer price index in the most recently completed calendar year. An additional increase, not to exceed the increase allowed to reflect the consumer price index, may be imposed by a three-fifth's vote of the governing body. Any further increase may be imposed only if the increase is approved by a majority of the qualified electors of the political subdivision voting in a referendum called for this purpose."
B. This section applies for property tax years beginning after 1995.
SECTION 3. A. Article 3, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-330. Funds credited to the State Property Tax Relief Fund must be distributed to counties in the proportion that the total appraised value of taxable property in the county bears to the total of such appraised value statewide. The distribution to a county from this fund must be used to provide a property tax credit against the property tax liability of all taxable property in the county calculated by multiplying the county's distribution by a fraction in which the numerator is the appraised value of the particular property and the denominator is the total of appraised value in the county."
B. This section applies for property tax years beginning after 1994 and motor vehicle property tax years beginning after 1995.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WRIGHT moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 18, by Rep. KIRSH.
Amend the bill, as and if amended, by adding a new SECTION, appropriately numbered, to read:
/SECTION ___. Article 1, Chapter 7, Title 2 of the 1976 Code is amended by adding:
"Section 2-7-130. A bill or joint resolution raising an existing state tax or imposing a new state tax must receive a majority vote of at least two-thirds of the membership of each house."/
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 22 by Rep. LANFORD, et al.
Rep. LANFORD moved to table the amendment, which was agreed to.
Reps. LANFORD, G. BROWN, ELLIOTT, FELDER and STUART proposed the following Amendment No. 23, which was adopted.
Amend the bill, as and if amended, by adding the following items to be appropriately numbered to Section 4-9-142(A) as follows:
"( ) To raise the revenue necessary to comply with unfunded mandates, as defined by Section 4-9-55, from the legislative, executive, and judicial branches of the state and federal governments.
( ) To raise the amount of revenue necessary to replace any property tax revenue not collected by reason of the exemption provided in Section 12-37-251 which is not reimbursed by the State of South Carolina; and
( ) To raise the amount of revenue necessary to replace property tax revenue not collected by reason of a reduction in the property tax base; provided that, to the extent a millage rate is increased to offset a reduction in the tax base pursuant to this item, the adjustment to the millage rate may only be that increment necessary to raise the same amount of revenue as was raised in the previous year. The millage rate, as adjusted pursuant to this section, may also be changed in accordance with the other provisions of this section."
Renumber sections/items and title to conform.
Rep. LANFORD explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cato Chamblee Dantzler Easterday Fair Fulmer Hallman Harrell Harris, P. Harrison Haskins Huff Keegan Kelley Kirsh Klauber Law Littlejohn Marchbanks Meacham Robinson Seithel Smith, R. Tripp Vaughn Waldrop Wells Whatley Wilkins Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Cain Canty Carnell Cave Clyburn Cobb-Hunter Cotty Cromer Davenport Delleney Felder Fleming Gamble Govan Harris, J. Herdklotz Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Knotts Koon Lanford Limbaugh Limehouse Lloyd Martin Mason McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Spearman Stille Stuart Thomas Trotter Tucker Walker Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon Wright Young, J.
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. CROMER, SHISSIAS and STUART proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\GJK\21588SD.95).
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. The State Election Commission shall conduct a statewide referendum on November 7, 1995, on the question of raising the sales tax in order to provide property tax relief. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the director of the Department of Revenue and Taxation and the Code Commissioner. The referendum question must read substantially as follows:
"Do you favor raising the statewide sales, use, and casual excise tax rate from five to six percent and credit the additional revenue to the State Property Relief Fund in order to provide property tax relief for owner-occupied residential property in the manner that the General Assembly shall provide by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."
SECTION 2. Chapter 36, Title 12 of the 1976 Code is amended by adding:
Section 12-36-1110. An additional sales, use and casual excise tax equal to one percent is imposed on amounts taxable pursuant to this chapter. Revenue of the tax imposed pursuant to this article must be credited to the State Property Tax Relief Fund in the State Treasury, a fund separate and distinct from the general fund of the State, and the revenue in this fund must be used to provide property tax relief to real property assessed pursuant to Section 12-43-220(c) in the manner that the General Assembly shall provide by law."
SECTION 3. Section 12-36-940 of the 1976 Code is amended to read:
"Section 12-36-940. Every retailer may add to the sales price:
(1) no amount on sales of ten cents or less;
(2) one cent on sales of eleven cents and over, but not in excess of twenty cents;
(3) two cents on sales of twenty-one cents and over, but not in excess of forty cents;
(4) three cents on sales of forty-one cents and over, but not in excess of sixty cents;
(5) four cents on sales of sixty-one cents and over, but not in excess of eighty cents;
(6) five cents on sales of eighty-one cents and over, but not in excess of one dollar;
(7) one cent additional for each twenty cents or major fraction thereon in excess of one dollar.
The inability, impracticability, refusal, or failure to add these amounts to the sales price and collect from the purchaser does not relieve the taxpayer from the tax levied by this article.
A retailer may add the amount of the tax to the sales price and the department shall prescribe tables providing the amount to be added to the sales price consistent with the total rate of the tax."
Amend the Report further, as and if amended by striking SECTION 11 and inserting:
/SECTION 11. This act takes effect upon approval by the Governor except that Article 11, Chapter 36 of Title 12 as added by this act and Section 12-36-940 as amended by this act take effect January 1, 1996, but only if the State Election Commission certifies a majority "Yes" vote in the referendum provided in this act./
/SECTION 12. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Effective July 1, 1998, food items eligible for purchase with the United States Department of Agriculture food coupons, not including restaurant meals."
B. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, is three percent for sales or consumption in fiscal year 1996-97 and one percent for such sales or consumption in fiscal year 1997-98. Eighty percent of the revenues from sales taxes imposed by this section must be credited to the general fund of this State and the remainder must be credited to the Education Improvement Act Fund./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Reps. SHISSIAS, STUART and CROMER spoke in favor of the amendment.
Rep. RICHARDSON spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Huff Keegan Kelley Kirsh Klauber Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Robinson Sandifer Seithel Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Davenport Gamble Govan Harris, J. Harris, P. Harwell Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Knotts Koon Lanford Lloyd Martin McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Rogers Scott Sharpe Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Wright
So, the House refused to table the amendment.
Rep. HASKINS moved that the House do now adjourn.
Rep. WILKES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kinon Kirsh Klauber Koon Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cooper Cromer Delleney Felder Gamble Govan Harris, J. Harris, P. Hodges Howard Inabinett Jennings Kennedy Keyserling Knotts Lanford Lloyd McAbee McCraw McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whatley Whipper, L. Whipper, S. White Wilder Wilkes
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 30, immediate cloture having been ordered.
The Senate returned to the House with concurrence the following:
H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON D.C. ON JULY 4, 1995.
At 7:02 P.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of Mildred Matthews Lenoir of Sumter, to meet at 10:00 A.M. tomorrow.
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