Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
There are times, our God, when the road becomes so difficult that we feel it is easier to give up than to keep on struggling. At times like these, give us the courage and the determination to fight the good fight, inspired in the knowledge that the more difficult the climb the more spectacular the view. Enable us to see each day as an opportunity to use what we have learned in the past. Grant to us a clear vision to see Your mercies as old as eternity and yet new every morning, which vision makes stars out of our scars.
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 Rep. HOLT.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
THE 1984-85 REPORT OF THE JOINT LEGISLATIVE COMMITTEE TO STUDY THE PROBLEMS OF ALCOHOL AND DRUG ABUSE was received and printed in the Senate Journal on Friday, January 17.
The Senate sent to the House the following:
S. 855 -- Invitations Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DAVID E. NETHING, MAJORITY LEADER OF THE NORTH DAKOTA SENATE AND PRESIDENT OF THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON THURSDAY, FEBRUARY 13, 1986.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 856 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DR. HOWARD R. BOOZER, OF LEXINGTON COUNTY, UPON HIS RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON HIGHER EDUCATION, AND TO WISH HIM EVERY SUCCESS IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. McLELLAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3319 -- Reps. McLellan, Sheheen, Townsend, Kay, Klapman, Blackwell, Blatt, Toal, Simpson, Alexander, McAbee, Helmly, Tucker, Winstead, Dangerfield, McTeer and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SENSE OF THE GENERAL ASSEMBLY THAT THE WORDS "DATE DUE" WITH RESPECT TO THE DATE BY WHICH PAYMENT MUST BE MADE IN SECTION 16(3), PART II, OF ACT 512 OF 1984 (THE PHASED-IN EXEMPTION OF BUSINESS INVENTORIES FROM AD VALOREM TAXATION) MEANS THE DATE AFTER WHICH PENALTIES ATTACH FOR PAYMENT OF 1985 AD VALOREM TAXES IN THE VARIOUS TAXING JURISDICTIONS OF THIS STATE.
Whereas, in Section 16(3), Part II, of Act 512 of 1984, the General Assembly provided for a phased-in exemption from ad valorem taxation of business inventories; and
Whereas, until the amendments to Section 12-45-70 of the 1976 Code apply uniformly statewide, due dates for the payment of ad valorem taxes may vary among taxing jurisdictions; and
Whereas, it was not the intent of the General Assembly in enacting the business inventory exemption to put unfamiliar requirements on taxpayers in claiming the exemption. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That it is the sense of the General Assembly that the words "date due" with respect to the date by which payment must be made in Section 16(3), Part II, of Act 512 of 1984 (the phased-in exemption of business inventories from ad valorem taxation) means the date after which penalties attach for payment of 1985 ad valorem taxes in the various taxing jurisdictions of this State.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Earle E. Morris, Jr., Comptroller General of the State of South Carolina.
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. 3316 -- Rep. J. Anderson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SLAUGHTER BROTHERS POST HOLDING CO., INC.
Without reference.
H. 3317 -- Reps. R. Brown, McKay, McEachin, McLeod, Nettles, Fair, G. Bailey, Alexander, O. Phillips, Tucker, Shelton, Gilbert, Kirsh, Elliott, Keyserling, Neilson, Harvin, J. Anderson, Mitchell, Limehouse, Gordon, Rawl, L. Martin and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-570 SO AS TO PROVIDE THAT ANY PERSON WHO NEGLIGENTLY DISCHARGES A FIREARM WHILE HUNTING RESULTING IN BODILY INJURY OR DEATH TO ANOTHER PERSON SHALL HAVE HIS HUNTING LICENSE REVOKED AND HIS HUNTING PRIVILEGES SUSPENDED FOR A PERIOD OF FIVE YEARS.
Referred to Committee on Judiciary.
H. 3318 -- Reps. Helmly, Evatt, P. Harris, Cooper, Ferguson, Carnell, Lockemy, Beasley and Wilkins: A BILL TO AMEND CHAPTER 7 OF TITLE 20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDRENS CODE, BY ADDING ARTICLE 21 SO AS TO ESTABLISH THE STATE COUNCIL ON MATERNAL, INFANT, AND CHILD HEALTH; TO PROVIDE FOR THE PURPOSES OF THE ARTICLE AND THE COUNCIL; TO PROVIDE FOR COUNCIL MEMBERSHIP, THE CHAIRMAN, TERMS, VACANCIES, AND COMPENSATION; TO PROVIDE FOR THE FUNCTIONS OF THE COUNCIL; AND TO PROVIDE FOR HOUSING, FUNDING, AND STAFFING OF THE COUNCIL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 825 -- Senator Bryan: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM ROAD S-288 IN LAURENS COUNTY, WHICH WILL THEN BE PLACED IN THE LAURENS COUNTY ROAD SYSTEM.
Without reference.
S. 826 -- Senator Leventis: A BILL TO AMEND SECTION 7-7-502, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PLACES OF THE VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE CERTAIN VOTING PLACES.
Without reference.
S. 827 -- Senators Garrison and Powell: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDEFINE PRECINCT LINES WITHIN THE CITY OF ANDERSON.
Without reference.
S. 828 -- Senator Bryan: A BILL TO AMEND ACT 110 OF 1981, AS AMENDED, RELATING TO MAGISTRATES AND MAGISTRATES' JURY AREAS IN THE VARIOUS COUNTIES OF THE STATE, SO AS TO CONSOLIDATE THE NINE JURY AREAS IN LAURENS COUNTY INTO THREE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Schwartz Alexander Altman Anderson, J. Anderson, S. Arthur, J. Arthur, W. Bailey, G. Bailey, K. Barfield Beasley Bennett Blackwell Blanding Blatt Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cleveland Cooper Cork Dangerfield Davenport Derrick Evatt Faber Fair Felder Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, P. Harvin Hawkins Hayes Hearn Helmly Hendricks, L. Holt Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lake Lewis Limehouse Mangum Martin, D. Martin, L. Mattos McAbee McBride McEachin McKay McLellan McLeod McTeer Mitchell Moss Neilson Nettles Ogburn Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Russell Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Washington White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Jan. 21, 1986.
Tim Rogers Palmer Freeman, Jr. Charles L. Griffin III Fred L. Day Jean Toal D. L. Aydlette, Jr. B. L. Hendricks, Jr. Tom G. Woodruff, Jr. Larry Koon Dick Elliott Rick Rigdon James E. Lockemy
STATEMENT RE ATTENDANCE
I was not present during the session but arrived in time to attend the Committee meetings on January 21, 1986.
Lewis Phillips Jean Harris
The SPEAKER granted Rep. MARCHANT a leave of absence for the the day to attend a White House Briefing concerning textiles and trade.
Announcement was made that Thomas C. Rowland, Jr. is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3278 -- Rep. McTeer: A BILL TO AMEND SECTION 7-7-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN HAMPTON COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CUMMINGS AND BONNETT PRECINCTS.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 3278 be read the third time tomorrow.
The following Bill was taken up.
H. 3310 -- Reps. Keyserling and White: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF EDUCATION OF BEAUFORT COUNTY MUST BE ELECTED IN NONPARTISAN ELECTIONS IN THE GENERAL ELECTION, AND TO PROVIDE FOR THE MEMBERS' TERMS, VACANCIES, NOTICE OF ELECTION, PETITION, AND PLACEMENT OF NAMES ON THE BALLOT.
Reps. CORK and WINSTEAD objected to the Bill.
Rep. WHITE moved to adjourn debate upon the Bill until Tuesday, January 28, which was adopted.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 2397 -- Reps. Beasley and J. Rogers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX ASSESSMENT RATIOS FOR PERSONAL PROPERTY, SO AS TO PROVIDE FOR A FIVE PERCENT ASSESSMENT RATIO FOR AIRCRAFT USED EXCLUSIVELY FOR THE APPLICATION OF AGRICULTURAL CHEMICALS.
H. 2661 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-13-1189, CODE OF LAWS OF SOUTH CAROLINA, 1976, PROHIBITING POSSESSION OF GAME FISH AND GAME FISH TACKLE WHEN FISHING WITH NONGAME TACKLE, SO AS TO PROVIDE THAT THE PROHIBITION DOES NOT APPLY WHEN THE NONGAME FISH TACKLE IS BOWS AND ARROWS OR CAST NETS.
The following Bill was taken up.
H. 2283 -- Reps. Carnell, McAbee, Gulledge, Hughston and Mangum: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES, UNIVERSITIES AND TECHNICAL SCHOOLS FOR CHILDREN OF CERTAIN VETERANS WHO HAVE HONORABLY SERVED IN A BRANCH OF THE MILITARY SERVICE OF THE UNITED STATES DURING A WAR PERIOD SO AS TO PROVIDE THAT THIS FREE TUITION MUST ALSO BE GRANTED TO CHILDREN OF THESE VETERANS WHO DIED WHILE IN SERVICE OR FROM A DISEASE OR DISABILITY RESULTING FROM SERVICE REGARDLESS OF WHETHER OR NOT THE VETERAN SERVED DURING A WAR PERIOD.
Reps. TAYLOR, G. BROWN, FOXWORTH and WINSTEAD objected to the Bill.
Rep. KIRSH moved to adjourn debate upon the following Bill, which was adopted.
H. 2695 -- Reps. Keyserling, Lewis, McLellan, and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
The following Bill was taken up.
H. 3083 -- Reps. Harvin, Blackwell, T. Rogers, White, Pearce, Holt, G. Bailey, McLeod, Gilbert, J. Anderson, L. Phillips, Huff, Elliott, J.W. Johnson, Taylor, Washington, Barfield, Jones, Stoddard, Neilson, McTeer, Mattos, Snow, McBride, J. Harris, Gordon, Woods, Petty, Lake, Ferguson, Altman, Felder, W. Arthur, Cleveland, Bennett, Sheheen, L. Martin, Mitchell, Blanding, Sturkie, Keyserling, Klapman, J. Arthur and O. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-9-85, SO AS TO PROVIDE THAT IF THE GENERAL APPROPRIATION ACT FOR THE FOLLOWING FISCAL YEAR IS NOT ENACTED BY JUNE 15 OF ANY YEAR, THE APPROPRIATION ACT OF THE THEN CURRENT FISCAL YEAR SHALL CONTINUE IN FORCE UNTIL ANOTHER GENERAL APPROPRIATION ACT IS ENACTED.
Debate was resumed on Amendment No. 1, which was introduced on Thursday, January, 16, by the Committee on Ways and Means.
Rep. KIRSH explained the Amendment.
The Amendment was then adopted.
Reps. SHEHEEN and KIRSH proposed the following Amendment No. 2 (Doc. No. 1106R), which was adopted.
Amend the bill, as and if amended, in Section 11-9-85 as contained in SECTION 1, page 1, line 25, by inserting after /year,/ /all of Part I recurring appropriations in/
Amend title to conform.
Rep. KIRSH explained the Amendment.
The Amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KIRSH asked unanimous consent that H. 3083 be read a third time tomorrow.
Rep. J. ROGERS objected.
The following Bill was taken up.
S. 277 -- Senator Williams: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL AGENCIES, SO AS TO REQUIRE AN ANNUAL RENEWAL LICENSE FEE OF FIFTY DOLLARS.
Rep. CARNELL moved to recommit the Bill to the Committee on Ways and Means which was agreed to.
The following Joint Resolution was taken up.
S. 445 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO APPEALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 490, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. MANGUM moved to table the Joint Resolution which was agreed to.
The following Joint Resolution was taken up.
S. 447 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA TAX COMMISSION, RELATING TO GUIDELINES USED TO ARRIVE AT THE INDEX OF TAXPAYING ABILITY FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 489, PURSUANT TO THE PROVISIONS OF ACT 176 OF 1977.
Rep. MANGUM moved to table the Joint Resolution which was agreed to.
The following Bill was taken up.
S. 452 -- Finance Committee: A BILL TO AMEND SECTION 12-15-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE GROSS ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-60, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A RESIDENT DECEDENT; TO AMEND SECTION 12-15-250, AS AMENDED, RELATING TO THE METHOD OF DETERMINING THE VALUE OF THE TAXABLE ESTATE OF A NONRESIDENT DECEDENT; TO AMEND SECTION 12-15-1540, AS AMENDED, RELATING TO THE LIABILITY OF BENEFICIARIES RECEIVING PROCEEDS OF LIFE INSURANCE POLICIES AND RELATED ITEMS; TO AMEND SECTION 12-15-1550, RELATING TO THE APPLICABILITY OF CERTAIN ESTATE TAX PROVISIONS OF LAW; TO AMEND SECTION 12-17-40, AS AMENDED, RELATING TO THE DEFINITION OF THE TERM "TAXABLE GIFTS"; AND TO AMEND SECTION 12-17-44, RELATING TO THE EFFECT THAT CERTAIN DISCLAIMERS OF PROPERTY INTERESTS HAVE UPON THE IMPOSITION OF THE GIFT TAX THEREON, SO AS TO REVISE THESE PROVISIONS FOR THE PURPOSE OF ADOPTING BY REFERENCE FOR STATE OF SOUTH CAROLINA PURPOSES CERTAIN FEDERAL PROVISIONS OF LAW.
Debate was resumed on Amendment No. 1, which was introduced on Thursday, January 16, by Rep. KIRSH.
Rep. KIRSH explained the Amendment.
The Amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 1173R), which was adopted.
Amend the bill, as and if amended, in Section 12-15-40 as contained in Section 1, page 2, by striking /1984/ on line 15 and inserting /1985/.
Amend further, in Section 12-15-60, as contained in Section 2, page 2, by striking /1984/ on line 28 and inserting /1985/.
Amend further, in Section 12-15-250 as contained in Section 3, page 2, by striking /1984/ on line 42 and inserting /1985/.
Amend further, in Section 12-15-1540, as contained in Section 4, page 3, by striking /1984/ on lines 12 and 29 and inserting /1985/.
Amend further, in Section 12-15-1550 as contained in Section 5, page 3, by striking /1984/ on line 39 and inserting /1985/.
Amend the bill, as and if amended, by inserting immediately after line 39, on page 3:
/SECTION 6A. Item (1) contained in the second paragraph of Section 12-15-1560 of the 1976 Code, as added by Section 8 of Act 117 of 1983, is amended to read:
(1) any portion of a checking or savings account up to ten thousand dollars may be transferred upon notification to the Commission of the intent to transfer without its written consent and without regard to the ten-day notice period. Any amount so withdrawn must be included in the gross estate of the decedent if otherwise includable therein as provided by law this chapter;/.
Amend further, in Section 12-17-40 as contained in Section 6, page 4, by striking on lines 10 and 13 /1984/ and inserting /1985/.
Amend further, in Section 12-17-44, as contained in Section 7, page 4, by striking on line 28 /1984/ and inserting /1985/.
on line 28 and inserting /1985/.
Amend further, Section 8, page 4, by striking /1984/ on lines 35 and 36, and inserting /1985/.
Amend further, by inserting immediately after line 32, on page 4:
/SECTION 7A. Section 12-15-870 of the 1976 Code is repealed./
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the Amendment.
The Amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 452 be read the third time tomorrow.
The following Bill was taken up.
H. 3106 -- Rep. Shelton: A BILL TO AMEND SECTION 56-3-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR, AMONG OTHER THINGS, REPLACEMENT VEHICLE LICENSE PLATES AND REPLACEMENT REVALIDATION STICKERS, SO AS TO PROVIDE THAT THE FEE FOR EVERY REPLACEMENT LICENSE PLATE OR REVALIDATION STICKER MUST BE IN AN AMOUNT EQUAL TO THE ORIGINAL FEE LESS AN AMOUNT WHICH IS PROPORTIONATE AND EQUIVALENT TO THE LENGTH OF TIME WHICH HAS ALREADY EXPIRED IN THE LICENSING AND REGISTRATION PERIOD, PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY NOT REQUIRE PROOF OF THE PAYMENT OF TAXES IN THIS INSTANCE, AND DELETE CERTAIN PROVISIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 1018R), which was adopted.
Amend the bill, as and if amended, by striking all in Section 1 and inserting:
/SECTION 1. Section 56-3-1320 of the 1976 Code, as last amended by Act 421 of 1978, is further amended to read:
"Section 56-3-1320. The Department shall charge a fee in the same amount as the original fee of six dollars for every license plate or revalidation sticker issued as a replacement except those vehicles whose fees are prescribed by Section 56-3-660. If a special personalized plate or revalidation sticker for such a plate is to be replaced the fee shall be as prescribed by Section 56-3-620. If a special personalized plate is replaced by a license plate for which the initial registration fee is set by Section 56-3-620, the Department shall charge a fee of six dollars. If the special personalized plate is replaced by a new special personalized plate, the Department shall charge a fee in the same amount as the original fee. The Department may not require proof of the payment of taxes when issuing a replacement plate or replacement revalidation sticker. A fee of one dollar shall must be charged for postage and handling if the replacement plate or sticker is to be mailed to the owner. The Department shall may not charge a fee for every duplicate registration card issued as a replacement for a registered and licensed vehicle . A , but a fee of one dollar shall must be charged for every other type duplicate registration card issued by the Department."/
Renumber sections to conform.
Amend title to conform.
Rep. SHELTON explained the Amendment.
The Amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHELTON, with unanimous consent, it was ordered that H. 3106 be read the third time tomorrow.
Rep. McABEE moved to waive Rule 6.1, which was agreed to.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
The following Bill was taken up.
H. 3282 -- Ways and Means Committee: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO PROVIDE TERMS FOR REPAYMENT OF THE DEFERRED TAXES, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
Rep. KIRSH proposed the following Amendment No. 1 (Doc. No. 1138R), which was adopted.
Amend the bill, as and if amended, in subsection B of Section 3, page 3, by striking on line 4 /tenth/ and inserting /fifth/.
Amend title to conform.
Rep. KIRSH explained the Amendment.
The Amendment was then adopted.
Rep. KEYSERLING explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of the Bill.
Rep. TOAL moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3320 -- Rep. T.M. Burriss: A BILL TO AMEND ACT 188 OF 1985, RELATING TO THE REGULATION OF FIRE PROTECTION SPRINKLER SYSTEMS, SO AS TO PROVIDE THAT THE REQUIREMENT THAT AN APPLICANT HAVE A NICET LEVEL III CERTIFICATE HOLDER WHO IS AT PRESENT IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS WAIVED UNTIL JANUARY 31, 1987, IF THE APPLICANT IN A SWORN AFFIDAVIT DECLARES THAT AT LEAST ONE PERSON WHO IS NOW IN A FULL-TIME POSITION OR IN A MANAGEMENT POSITION IS CURRENTLY IN THE PROCESS OF TAKING THE TEST REQUIRED TO OBTAIN NICET LEVEL III CERTIFICATION AND TO PROVIDE THAT A VIOLATION OF THIS ACT OR FAILURE TO COMPLY WITH A CEASE AND DESIST ORDER IS CAUSE FOR REVOCATION OF A LICENSE INSTEAD OF THE STATE FIRE MARSHAL'S CERTIFICATE.
Referred to Committee on Labor, Commerce and Industry.
H. 3321 -- Reps. Hayes, Hearn, Evatt, Rawl and Fair: A BILL TO AMEND SECTION 56-1-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OR REVOCATION OF A RESIDENT OR NONRESIDENT DRIVER'S PRIVILEGES UPON CONVICTION IN ANOTHER STATE FOR AN OFFENSE WHICH WOULD RESULT IN SUCH ACTION IF THE OFFENSE WERE COMMITTED IN THIS STATE, SO AS TO PROVIDE THAT SUCH SUSPENSIONS OR REVOCATIONS ARE MANDATORY INSTEAD OF DISCRETIONARY WITH THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Education and Public Works.
H. 3322 -- Rep. Schwartz: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF COUNTY GOVERNING BODIES, SO AS TO AUTHORIZE COUNTY GOVERNING BODIES TO IMPOSE REASONABLE FEES ON THE DISPOSAL OF HAZARDOUS WASTE WITHIN THE COUNTY.
Referred to Committee on Ways and Means.
H. 3323 -- Rep. Schwartz: A JOINT RESOLUTION TO AUTHORIZE SCHOOL DISTRICTS TO BORROW FROM THE STATE RESERVE FUND DURING FISCAL YEAR 1985-86 ONLY AN AMOUNT TO REPLACE THE LOSS IN FUNDS RESULTING FROM THE TWO PERCENT REDUCTION IN MONIES MANDATED BY THE STATE BUDGET AND CONTROL BOARD AND TO PROVIDE THAT THE REPAYMENT OF THESE LOANS MUST BE MADE IN FISCAL YEAR 1986-87 FROM THE INITIAL FUNDS A SCHOOL DISTRICT RECEIVES FROM THE STATE.
Referred to Committee on Ways and Means.
H. 3324 -- Rep. Thrailkill: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM TAXABLE INCOME, SO AS TO INCREASE THE DEDUCTION FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS FOR PERSONS WHO ARE RETIRED FEDERAL CIVIL SERVICE EMPLOYEES, RETIRED FROM THE ARMED SERVICES OF THE UNITED STATES, AND CERTAIN RETIRED PERSONS SIXTY-FIVE YEARS OF AGE OR MORE, OR THEIR SURVIVING SPOUSES, TO ELIMINATE RESTRICTIONS RELATING TO AGE OR LENGTH OF SERVICE, TO PROVIDE FOR DEDUCTION OF ANNUITY INCOME, AND TO PROVIDE THAT THE DOLLAR AMOUNT OF DEDUCTIONS MUST BE ANNUALLY ADJUSTED FOR THE IMPACT OF LEGISLATION.
Referred to Committee on Ways and Means.
H. 3325 -- Rep. Hawkins: A JOINT RESOLUTION TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF BARBER EXAMINERS AND THE STATE BOARD OF COSMETOLOGY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions submitted a favorable report, on:
S. 129 -- Senator Garrison: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT LEGISLATION TO PROHIBIT THE OPERATION OF MOTOR VEHICLES EQUIPPED WITH WINDSHIELD OR WINDOW GLASS WHICH IS TRANSLUCENT FROM ONLY ONE SIDE.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions submitted a favorable report, on:
H. 2702 -- Reps. Hawkins, Gregory and J. Rogers: A JOINT RESOLUTION TO DIRECT THE DIVISION OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO ERECT AN EXTENSION OF THE RAILING ON THE SIDES OF THE FRONT AND BACK PORCHES OF THE STATE HOUSE, SO AS TO ENCLOSE THE UPPER PLATFORMS WHICH EXTEND FROM THE PORCHES.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions submitted a favorable report, on:
H. 3305 -- Reps. G. Brown, R. Brown, McKay, Gilbert, Washington, Aydlette, Winstead, Foxworth, Gordon, Moss, Koon, Felder, McBride, Derrick, S. Anderson, P. Bradley, Rigdon, K. Bailey, Cork, Faber, G. Bailey, Limehouse, Russell, Rawl, Day, M.D. Burriss, Jones, Sharpe, Freeman, Boan and Mitchell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT SUITABLE LEGISLATION TO MODIFY THE FIFTY-FIVE MILE-PER-HOUR SPEED LIMIT ON THE INTERSTATE AND MAJOR HIGHWAY SYSTEMS OF THE NATION TO PERMIT A MAXIMUM SPEED OF SEVENTY MILES PER HOUR IN THE DAYTIME AND SIXTY-FIVE MILES PER HOUR IN THE NIGHTTIME.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions submitted a favorable report, on:
H. 3312 -- Reps. T.M. Burriss, Schwartz, Thrailkill and Beasley: A HOUSE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PURSUE THE PROVISION OF A NONNUCLEAR DEFENSE SYSTEM IN SPACE TO DEFEND THE UNITED STATES AGAINST DELIBERATE OR ACCIDENTAL NUCLEAR ATTACK TO BE DEPLOYED BY THE END OF THIS DECADE.
Ordered for consideration tomorrow.
Rep. BARFIELD, from the Committee on Invitations and Memorial Resolutions submitted a favorable report, on:
H. 2997 -- Reps. Blanding, White, Washington, D. Martin, Woods, Gilbert, Williams, Foster, Taylor, Mitchell, K. Bailey, McBride and Faber: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO TAKE CERTAIN IMMEDIATE ACTIONS IN REGARD TO FOOD PRODUCTION, FARM DEBT, LOANS, AND FORECLOSURES, GOVERNMENT FARM AND TRADE PROGRAMS, ANTI-TRUST PROCEEDINGS AGAINST FOOD CARTELS, CONFLICTS OF INTEREST WITHIN THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND EMERGENCY FOOD RELIEF TO AFRICA AND DEVELOPING NATIONS.
On motion of Rep. BARFIELD, with unanimous consent, the following Resolution was taken up for immediate consideration.
H. 2997 -- Reps. Blanding, White, Washington, D. Martin, Woods, Gilbert, Williams, Foster, Taylor, Mitchell, K. Bailey, McBride and Faber: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT AND THE CONGRESS OF THE UNITED STATES TO TAKE CERTAIN IMMEDIATE ACTIONS IN REGARD TO FOOD PRODUCTION, FARM DEBT, LOANS, AND FORECLOSURES, GOVERNMENT FARM AND TRADE PROGRAMS, ANTI-TRUST PROCEEDINGS AGAINST FOOD CARTELS, CONFLICTS OF INTEREST WITHIN THE UNITED STATES DEPARTMENT OF AGRICULTURE, AND EMERGENCY FOOD RELIEF TO AFRICA AND DEVELOPING NATIONS.
Whereas, ending the starvation in Africa requires thirty million tons a year of cereal and animal and vegetable protein foods from outside the continent for three years; and
Whereas, worldwide food supplies per capita are shrinking dangerously and annual world grain production has declined from eighteen bushels per capita to fifteen bushels per capita when every person needs the equivalent of twenty-four bushels per person per year for a healthy diet, including animal protein; and
Whereas, the agricultural output potential of the developing sector nations is being destroyed through the International Monetary Fund system; and
Whereas, a small number of world food cartels and private family trusts have consolidated monopoly control over international food, trade, and shipping facilities, domestic food processing, and farm supply companies, and this poses a threat to national and western security because agreements have been made to guarantee Soviet food stocks resulting in food scarcities in the west; and
Whereas, the potential agricultural production of the globe is enormous if emergency measures are implemented immediately and provision is begun for applying a wave of advanced technologies to developing largescale infrastructure projects such as dams, irrigation systems, ports and to providing cheap, plentiful power. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina hereby memorialize the President and the Congress of the United States:
1. To ensure emergency food production orders to guarantee resumed livestock development and spring planting, including:
a. a stay on all farm foreclosures;
b. a freeze on farm debt, pending reorganization and profitability;
c. the issuance of low interest production credits at two to four percent rates for maximum spring planting, herd build-up, and capital equipment improvements; and
d. government-to-government food commodity trade commitments to guarantee cost-of-production parity prices to farmers in all trading partner nations;
2. To institute investigations and anti-trust proceedings against the food, shipping, and chemical cartel companies starting with conflict-of-interest hearings on the role of former cartel executives who occupy positions within the United States Department of Agriculture;
3. To conduct a national grain and food inventory to produce an accurate public record of national food stocks and total western food supplies, and to set production objectives like the World War II mobilization; and
4. To provide emergency food to Africa and all other points of need and to supply the logistics and infrastructural assistance needed to allow the most rapid economic development.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, the United States Senate, the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. KEYSERLING moved to adjourn debate upon the following Bill, which was adopted.
H. 2695 -- Reps. Keyserling, Lewis, McLellan and Lloyd Hendricks: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
Rep. T. ROGERS moved to adjourn debate upon the following Bill, which was adopted.
H. 3279 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE FUNDS FOR PRISON CONSTRUCTION AND RENOVATIONS REQUIRED BY THE NELSON SETTLEMENT, TO PROVIDE THAT A COMBINATION OF CAPITAL FUND MONIES AND GENERAL OBLIGATION BONDS MUST BE USED FOR THE FUNDS, AND TO REQUIRE THE FUNDS TO BE RELEASED PURSUANT TO THE NELSON SETTLEMENT DEADLINES; TO AMEND SECTION 11-11-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE BONDS AND THE LIMITATION OF GENERAL REVENUES WHICH CAN BE USED FOR DEBT SERVICE, SO AS TO DELETE THE PROVISION REQUIRING THE LIMITATION TO DECREASE EACH FISCAL YEAR AND TO REQUIRE THE DEBT SERVICE EXPENDITURES FOR GENERAL OBLIGATION BONDS TO BE NO MORE THAN TWO AND ONE-HALF PERCENT OF THE GENERAL FUND OF THE PRIOR FISCAL YEAR BY FISCAL YEAR 1992-93; TO AMEND SECTION 11-11-310, AS AMENDED, RELATING TO LIMITATIONS ON ANNUAL APPROPRIATIONS, SO AS TO DELETE THE PROVISION AUTHORIZING REVENUES IN THE CAPITAL EXPENDITURE FUND TO BE APPROPRIATED FOR RETIRING BONDED INDEBTEDNESS OR FOR AVOIDING THE ISSUANCE OF BONDS AND TO REQUIRE THE REVENUE GENERATED FROM THE TWO AND ONE-HALF PERCENT CAPITAL EXPENDITURE FUND TO BE APPLIED TOWARD PRISON CONSTRUCTION WITH ANY EXCESS REVENUE TO BE USED TO FINANCE PROJECTS AUTHORIZED BY THE GENERAL ASSEMBLY; AND TO REQUIRE CAPITAL IMPROVEMENT PROJECTS TO BE SCHEDULED FOR FINANCING ACCORDING TO PRIORITY AS DETERMINED BY THE JOINT BOND REVIEW COMMITTEE.
Debate was resumed on the following Bill, the pending question being the passage of the Bill.
H. 3282 -- Ways and Means Committee: A BILL TO PERMIT TAXPAYERS TO DEFER PAYMENT OF THE STATE INCOME TAX ON TAXABLE INCOME ATTRIBUTABLE TO THE INCREASE IN GROSS INCOME FROM FOREIGN TRADING RECEIPTS, TO PROVIDE TERMS FOR REPAYMENT OF THE DEFERRED TAXES, TO DEFINE TERMS RELATING TO THE DEFERRAL, AND TO PROVIDE EXCEPTIONS.
The Bill was read the second time and ordered to third reading.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that H. 3282 be read the third time tomorrow.
Rep. SHEHEEN moved to adjourn debate upon the following Bill, which was adopted.
H. 3283 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS, TO INCREASE THE LIMITATION ON THE MAXIMUM AGGREGATE PRINCIPAL INDEBTEDNESS OF THE STATE; TO REQUIRE MONIES PREVIOUSLY AUTHORIZED FOR PARKS, RECREATION AND TOURISM BE EXPENDED ON IMPROVEMENTS AT MYRTLE BEACH INSTEAD OF ON A SWIMMING POOL; TO REALLOCATE MONIES PREVIOUSLY AUTHORIZED FOR THE MUSEUM COMMISSION TO THE BUDGET AND CONTROL BOARD FOR THE MOUNT VERNON MILL SITE DEVELOPMENT; TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE AUTHORITY OF THE DEPARTMENT OF MENTAL HEALTH TO FINANCE VARIOUS PROJECTS FROM SURPLUS PAYING PATIENT FEE DEBT SERVICE FUNDS; TO REQUIRE THE JOINT BOND REVIEW COMMITTEE TO SCHEDULE THE AUTHORIZATIONS, AS PROVIDED IN THIS ACT, INTO THE STATEWIDE CAPITAL IMPROVEMENTS PRIORITY SCHEDULE; AND TO AMEND ACT 194 OF 1979, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF WINTHROP COLLEGE TO DEFINE PAID ADMISSIONS BY WRITTEN POLICY WITH AN EXCEPTION, AND TO DELETE THE AUTHORITY OF THE COLLEGE TO LEVY AN ADMISSIONS FEE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3284 -- Ways and Means Committee: A BILL TO AMEND SECTION 44-6-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE SOUTH CAROLINA MEDICALLY INDIGENT ASSISTANCE FUND, SO AS TO REPLACE PER CAPITA INCOME WITH PERSONAL INCOME AS ONE OF THE FACTORS WHICH MUST BE USED IN COMPUTING EACH COUNTY'S ASSESSMENT TO THE FUND, TO SPECIFY, FOR FISCAL YEAR 1985-86 ONLY, THE AMOUNT OF EACH COUNTY'S CONTRIBUTION TO THE FUND, AND TO MAKE THE PROVISIONS OF THIS ACT RETROACTIVE TO THE EFFECTIVE DATE OF SECTION 19 OF PART II OF ACT 201 OF 1985.
Rep. HELMLY explained the Bill.
Rep. HELMLY asked unanimous consent that H. 3284 be read a third time tomorrow.
Rep. KLAPMAN objected.
Rep. BLACKWELL moved that when the House adjourns it adjourn to meet at 3:00 P.M. tomorrow, which was agreed to.
The following Bill was taken up.
H. 2582 -- Rep. Davenport: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE GLASS WHICH IS TRANSPARENT FROM ONLY ONE SIDE, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO SELL ANY SUBSTANCE OR MATERIAL FOR USE UPON THE WINDSHIELD OR WINDOW GLASS OF A MOTOR VEHICLE THAT WOULD RENDER THE WINDSHIELD OR WINDOW GLASS TO BE IN NONCOMPLIANCE WITH FEDERAL MOTOR VEHICLE SAFETY STANDARD NO. 205, TO MAKE IT UNLAWFUL FOR ANY PERSON TO INSTALL A WINDSHIELD OR WINDOW GLASS IN A MOTOR VEHICLE OR PLACE ANY SUBSTANCE OR MATERIAL UPON ANY WINDSHIELD OR WINDOW GLASS THAT WOULD REDUCE LIGHT TRANSMITTANCE MORE THAN THIRTY PERCENT OR THAT PRODUCES A MIRROR OR METALLIC APPEARANCE WHEN VIEWED BY A PERSON OUTSIDE THE VEHICLE, TO MAKE IT UNLAWFUL FOR A VEHICLE SO EQUIPPED TO BE OPERATED, AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 1, which was introduced on Wednesday, January 15, by Rep. DAVENPORT.
Rep. DAVENPORT explained the Amendment.
Rep. GREGORY moved that the House do now adjourn which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 1, Rep. DAVENPORT having the floor.
The following was received.
Columbia, S. C., January 21, 1986
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 476:
S. 476 -- Senators Dennis, Lindsay and Holland: A BILL TO AMEND SECTIONS 9-1-1010, 9-1-1050, 9-1-1100, 9-1-1110, 9-1-1130, 9-1-1170 AND 9-1-1810, ALL AS AMENDED, AND 9-1-1830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO TRANSFER THE ASSETS OF THE POST-RETIREMENT INCREASE SPECIAL FUND TO THE EMPLOYER ANNUITY ACCUMULATION FUND; AND TO REPEAL SECTION 9-1-1820 RELATING TO THE POST-RETIREMENT INCREASE SPECIAL FUND.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President.
No. 2
Received as information.
At 1:05 P.M. the House in accordance with the motion of Rep. GREGORY adjourned to meet at 3:00 P.M. tomorrow.
This web page was last updated on
Tuesday, June 30, 2009 at 1:41 P.M.